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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.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency and defines its authorities and responsibilities. [1] Organic statutes may also impose administrative procedures on an agency that differ from the Administrative Procedure Act. [2]
The administrative state is created when legislative (law-making) bodies, like the U.S. Congress or the U.K. Parliament, delegate their lawmaking powers to administrative or private entities. [8] Nondelegation is a legal principle that a branch of government cannot authorize another entity to exercise powers or functions assigned to itself. It ...
Regulatory law also refers [2] to the law that governs conduct of administrative agencies (both promulgation of regulations, and adjudication of applications or disputes), and judicial review of agency decisions, usually called administrative law. Administrative law is promulgated by the legislature (and refined by judicial common law) for ...
In the United States, the governing law for federal rulemaking is the Administrative Procedure Act of 1946. Separate states often have parallel systems. Commonwealth countries use a mix of common law and similar statute law. The European Commission has recently developed new standards under ideas laid out in a 'Whitepaper on governance.' This ...
Kenneth Culp Davis (December 19, 1908 – August 30, 2003) was an American legal scholar remembered as "the father of administrative law." [1] He was a professor of law at West Virginia University from 1935 to 1939, at the University of Texas at Austin from 1940 to 1948, at Harvard University from 1948 to 1950, at the University of Minnesota from 1950 to 1960, at the University of Chicago from ...
Global administrative law is an emerging field that is based upon a dual insight: that much of what is usually termed “global governance” can be accurately characterized as administrative action; and that increasingly such action is itself being regulated by administrative law-type principles, rules and mechanisms – in particular those relating to participation, transparency ...