Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rule making, adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
Marbury v. Madison, 5 U.S. 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
A writ of mandamus is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials can not be controlled by the writ. For example, mandamus can not force a lower court to take a specific action on applications that have been made. If the court refuses to rule one way or the other, then a mandamus can be used to order the court to rule on the applications.
The Federal Advisory Committee Act (FACA), is a United States federal law which governs the behavior of federal advisory committees. In particular, it has special emphasis on open meetings, chartering, public involvement, and reporting. It was codified in December 2022.
A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, such as an administration. There is a notable variety of agency types. Although usage differs, a government agency is normally distinct both from a department or ministry, and other types of public body established by government. The functions of an agency are normally executive in character since different types of organizations are most often constituted in an advisory role — this distinction is often blurred in practice however, it is not allowed.
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice.
United States Federal Administrative Law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of the United States government, including executive departments and independent agencies. Because Congress, the president, and the federal courts have limited resources to address all issues, specialized powers are often delegated to a board, commission, office, or other agency. These administrative agencies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.
The National Partnership for Reinventing Government(NPR) was a U.S. government reform initiative launched in 1993 by Vice President Al Gore. Its goal was to make the federal government "work better, cost less, and get results Americans care about". The initiative aimed to streamline processes, cut bureaucracy (with a focus on overhead costs beyond issues addressable by statute), and implement innovative solutions. NPR was active until 1998. During its five years, it catalyzed significant changes in the way the federal government operates, including the elimination of over 100 programs, the elimination of over 250,000 federal jobs, the consolidation of over 800 agencies, and the transfer of institutional knowledge to contractors. NPR introduced the use of performance measurements and customer satisfaction surveys, and encouraged the use of technology including the Internet. NPR is recognized as a success and had a lasting impact according to government officials who worked on or were influenced by it under the Clinton and George W. Bush administrations.
The Organized Crime Drug Enforcement Task Force (OCDETF) is a federal drug enforcement program in the United States, overseen by the Attorney General and the Department of Justice. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the major drug trafficking operations and tackle related crimes, such as money laundering, tax and weapon violations, and violent crime, and prosecute those primarily responsible for the nation's drug supply.
Street-level bureaucracy is the subset of a public agency or government institution where the civil servants work who have direct contact with members of the general public. Street-level civil servants carry out and/or enforce the actions required by a government's laws and public policies, in areas ranging from safety and security to education and social services. A few examples include police officers, border guards, social workers and public school teachers. These civil servants have direct contact with members of the general public, in contrast with civil servants who do policy analysis or economic analysis, who do not meet the public. Street-level bureaucrats act as liaisons between government policy-makers and citizens and these civil servants implement policy decisions made by senior officials in the public service and/or by elected officials.
The Sandiganbayan is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned and controlled corporations. The special court was established by Presidential Decree No. 1486. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts 7975, 8249 and 10660. It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice. The Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan.
Heckler v. Chaney, 470 U.S. 821 (1985), is a decision of the Supreme Court of the United States which held that a federal agency's decision to not take an enforcement action is presumptively unreviewable by the courts under section 701(a)(2) of the Administrative Procedure Act (APA). The case arose out of a group of death row inmates' petition to the Food and Drug Administration (FDA), seeking to have the agency thwart the state governments' plans to execute the inmates by lethal injection. The FDA declined to interfere, a decision the inmates appealed unsuccessfully to the District Court for the District of Columbia. On further review, the D.C. Circuit Court of Appeals held that the FDA's action was reviewable and that its denial was "arbitrary and capricious". The Supreme Court unanimously reversed the appeals court and declared in an 8–1 decision that agency nonenforcement decisions were presumptively unreviewable.
Yakus v. United States, 321 U.S. 414 (1944), was a decision by the United States Supreme Court which upheld congressional power to fetter judicial review and to delegate broad and flexible law-making power to an administrative agency in this constitutional challenge to the Emergency Price Control Act of 1942. The wartime anti-inflation measure, intended to expedite price control enforcement, conferred on the federal district courts jurisdiction over violations of Office of Price Administration (OPA) regulations made under the act. But judicial power to consider the constitutionality of such regulations was excepted. Congress specified that challenges to their validity be initially reviewed under stringent time limitations by the OPA and on appeal exclusively by a special Article III tribunal in the District of Columbia—the Emergency Court of Appeals—and thereafter by the Supreme Court.
Crowell v. Benson, 285 U.S. 22 (1932) is the landmark United States Supreme Court administrative law decision that outlined the adjudicatory authority of administrative agencies under Article III of the Constitution. The Court held that the United States Employees' Compensation Commission satisfied Fifth Amendment Due Process and the requirements of Article III with its court-like procedures and because it invests the final power of decision in Article III courts.
The royal prerogative is a body of customary authority, privilege, and immunity attached to the British monarch, recognised in the United Kingdom. The monarch is regarded internally as the absolute authority, or "sole prerogative", and the source of many of the executive powers of the British government.
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.
Bureaucratic drift in American political science is a theory that seeks to explain the tendency for bureaucratic agencies to create policy that deviates from the original mandate. The difference between a bureaucracy's enactment of a law and the legislature's intent is called bureaucratic drift. Legislation is produced by elected officials, but is implemented by unelected bureaucrats, who sometimes act under their own preferences or interests. Bureaucratic drift is often treated as a principal–agent problem, with Congress and the Presidency acting as principals and bureaucracy acting as the agent. The government seeks to control bureaucratic drift in a number of ways, most notably congressional oversight and procedural controls.
As stated by political scientist Samuel Krislov, representative bureaucracy is a notion that "broad social groups should have spokesman and officeholders in administrative as well as political positions". With this notion, representative bureaucracy is a form of representation that captures most or all aspects of a society's population in the governing body of the state. An experimental study shows that representative bureaucracy can enhance perceived performance and fairness. This study finds that in a “no representation” scenario, respondents reported the lowest perceived performance and fairness, while in scenarios such as “proper representation” or “over representation” of women, they reported higher perceived performance and fairness.
Kenneth Culp Davis was an American legal scholar remembered as "the father of administrative law." 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 1961 to 1976, and at the University of San Diego from 1976 until his retirement in 1994.
The administrative state is a term used to describe the power that some government agencies have to write, judge, and enforce their own laws. Since it pertains to the structure and function of government, it is a frequent topic in political science, constitutional law, and public administration.
