Doctrines
Administrative Law
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Origin Traced as a distinct field to French droit administratif and the Conseil d'Etat, established 1799; given a modern statutory frame in the United States by the Administrative Procedure Act (1946).
Administrative law is the body of law governing the powers, procedures and accountability of government administrative agencies: the rules under which agencies make binding rules (rulemaking), decide individual cases (adjudication), and are held to account by courts (judicial review). It is generally traced as a distinct field to French droit administratif and the specialized administrative courts built around the Conseil d'Etat, established in 1799, which developed a body of judge-made principles governing the state's own administrative acts outside the ordinary civil courts. Common law systems developed administrative law later and largely through the ordinary judiciary's power of judicial review over administrative action rather than through a separate administrative court system; in the United States the field took its modern statutory shape with the Administrative Procedure Act of 1946, which set the baseline procedures federal agencies must follow to issue regulations and decide cases, and which courts enforce.
Facts
Origin PeriodTraced as a distinct field to French droit administratif and the Conseil d'Etat, established 1799; given a modern statutory frame in the United States by the Administrative Procedure Act (1946). 1 Core PrincipleGovernment agencies exercise only the power delegated to them, must follow fair and publicly accountable procedures when they make rules or decide cases, and remain subject to judicial review for exceeding or abusing that power. 2 Cross-Tradition Connections
Established By
For the United States federal system specifically: administrative law as a field is older and exists independently in other jurisdictions, but the Administrative Procedure Act (1946) gave it its modern statutory procedural frame in US federal practice.
In Legal System
Traced as a distinct field to French droit administratif and the specialized administrative courts built around the Conseil d'Etat (1799); common law systems developed their own administrative law later, chiefly through the ordinary courts' power of judicial review rather than a separate administrative court system.
Sources
1. The Oxford Handbook of Comparative Law
Mathias Reimann and Reinhard Zimmermann, editors, Oxford University Press, 2006In Legal System: Civil Law
2. Black's Law Dictionary
Bryan A. Garner, editor; founded by Henry Campbell Black, Thomson Reuters
Administrative Law (Wikipedia)
WikipediaLead section, definitionQuote, Lead section, definition
Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws.
View the Source National Archives, Federal Register
U.S. National Archives and Records AdministrationEstablished By: Administrative Procedure Act (APA)View the Source Reader Challenges (0 open reader challenges)
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