Administrative law is considered a branch of public law. Administrative law deals with the decision-making of administrative units of government that are part of the executive branch in areas such as international trade, manufacturing, environment, taxation, broadcasting, immigration and transportation. Administrative law encompasses laws and legal principles that govern the administration and regulation of government agencies (both federal and state). Congress delegates agencies (or, in the case of a state agency, the state legislature), to act as agencies responsible for carrying out certain prerogatives of Congress.
Agencies are created through their own organic statutes, which establish new laws and, in doing so, create the respective agencies to interpret, administer and enforce those new laws. In general, administrative agencies are created to protect a public interest rather than to assert private rights. In general terms, administrative law refers to government action and regulation of individuals and business entities. Administrative law often refers to the action of government agencies, the scope of which has expanded dramatically over the past century.
Administrative law focuses on the exercise of governmental authority by the executive branch and its agencies. These agencies are created by Congress through enabling legislation, and are authorized to enact regulations that have the same force as statutory law. Federal agencies have steadily grown in number and importance in the United States, affecting a wide variety of social problems, such as telecommunications, the financial market, and racial discrimination. The term administrative law covers the procedures under which these agencies operate, as well as the external restrictions imposed on them (such as the Administrative Procedure Act, constitutional limitations and judicial review).
Administrative law, the legal framework in which public administration is developed. It stems from the need to create and develop a system of public administration under the law, a concept that can be compared to the much older notion of justice under the law. Since administration implies the exercise of power by the executive arm of government, administrative law is of constitutional and political importance, as well as legal. Administrative law is the area of law that relates to the legal principles that govern the administration and regulation of federal and state government agencies.
It is considered a branch of public law and is commonly referred to as “regulatory law”. Decision-making in the day-to-day activities of various federal and state agencies is governed by administrative law and the areas covered range from protecting the environment to protecting workers' rights and privileges. As the size of federal and state governments expanded, matters covered by administrative law expanded equally to the point where we, whether in our personal or business lives, are subject to the decisions and tribunals of administrative agencies on a constant basis. An example of an administrative agency within the healthcare field is the Federal Food and Drug Administration.
Administrative rules, also interchangeably referred to as regulations, are adopted by agencies and are considered the principal legal authority. Keep in mind that the administrative system replaces administrative agencies with courts when making many decisions in federal agencies. Administrative law also places special emphasis on empirical understanding of the impact of courts on agencies, since judicial review has been seen as a method of holding administrators accountable to democratic legislative decisions. Administrative agencies also have quasi-judicial and enforcement functions, and conduct hearings and make decisions through administrative law judges.
An administrative subpoena is an official order that requires a person or entity to provide documents or information to an administrative agency. Administrative law provides the legal basis for the operation of these agencies and departments and seeks to establish efficient procedures and methods. Many administrative decisions are available from legal investigation services, such as Bloomberg Law, LexisNexis and Westlaw. There is no universally accepted definition of administrative law, but rationally it can be considered to encompass the organization, powers, duties and functions of public authorities of all kinds involved in administration; their relations with each other and with citizens and non-governmental bodies; control public administration; and the rights and obligations of civil servants.
Although Georgetown law students often think first of federal government and agencies, state, county, and city governments also have important administrative functions and opportunities for legal careers. One of the main objects of administrative law is to ensure efficient, economic and fair administration. From environmental regulation and health care administration to labor relations and professional licensing, government administrative agencies at all levels have become increasingly involved in drafting standards and regulating business activities. An administrative law system that prevents or thwarts administration would clearly be bad, and therefore, so would a system that would result in injustice to the individual.
The late Professor Kenneth Culp Davis (1908-2000), an expert in administrative law, noted that business professionals have a greater relationship with state and federal administrative agencies than with any other branch of government at all levels of interaction. Administrative Procedure Laws are laws designed to provide consistency in the formulation of rules and adjudication procedures of administrative agencies, both at the federal and state levels. . .
