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.
To name just a few areas of practice, in addition to the above, administrative law attorneys can focus on agriculture, financial regulation, health and safety, disability and welfare programs, immigration, transportation, and zoning. At the most basic level, practitioners should understand the roles of legislators and regulatory bodies, and the parameters of their authority. The Administrative Procedure Act is the governing law for federal administrative agencies; there are parallel laws at the state and local levels. Disputes are handled through the appropriate administrative court system.
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 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 agencies also have quasi-judicial and enforcement functions, and conduct hearings and make decisions through administrative law judges.
Administrative law (commonly called regulatory law) is a law enacted and enforced by an administrative body (usually an agency) in accordance with that body's area of responsibility. Administrative rules, also interchangeably referred to as regulations, are adopted by agencies and are considered the principal legal authority. Many administrative agencies have the power to fine individuals and corporations that fail to comply with administrative regulations. 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.
Administrative attorneys at private law firms generally help ensure that private clients comply with federal regulations enacted by agencies such as the Environmental Protection Agency or the Occupational Safety and Health Administration. Individuals and companies often need to hire lawyers with experience in administrative law when an administrative agency denies their claims for benefits or imposes penalties for not complying with regulations. The APA is the primary source of federal administrative agency law, while the administration and regulation of state agencies is governed by comparable state laws. Many administrative decisions are available from legal investigation services, such as Bloomberg Law, LexisNexis and Westlaw.
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. One of the main objects of administrative law is to ensure efficient, economic and fair administration. People often deal with administrative agencies and administrative law when applying for government benefits. Administrative law sometimes gets less attention than its more prominent legal siblings (statutes and jurisprudence), but from building a bridge to baking a heap (and everything in between), administrative law has a big impact on citizens' daily lives.
The Social Security Administration (SSA) is the administrative agency created to implement Congressional social security and disability laws. The powers given to administrative agencies are particularly important, along with the substantive rules established by such agencies and the legal relationships between agencies, other government bodies, and the general public. . .
