Administrative Law

Definition

Administrative law is the body of law that governs the creation and operation of government administrative agencies. It establishes the powers and responsibilities of these agencies, as well as the procedures they must follow in carrying out their duties and interacting with the public.

5 Must Know Facts For Your Next Test

1. Administrative law governs the creation and operation of government agencies, establishing their powers, responsibilities, and procedures.
2. Regulatory agencies are a key component of administrative law, overseeing and enforcing laws and regulations within specific industries or sectors.
3. Rulemaking is the process by which administrative agencies create new regulations or amend existing ones, often involving public participation.
4. Judicial review allows courts to review and potentially overturn agency actions or decisions to ensure they are lawful and within the agency's authority.
5. Administrative law plays a crucial role in the implementation and enforcement of important business laws and regulations, such as those related to consumer protection, environmental protection, and antitrust.

Review Questions

• Explain how administrative law relates to the sources and types of law that businesses must navigate.
  • Administrative law is a key source of law for businesses, as it governs the creation and operation of government agencies that are responsible for implementing and enforcing a wide range of laws and regulations that impact business activities. These agencies, such as the Federal Trade Commission, have the authority to create new rules and regulations, as well as investigate and take enforcement actions against businesses that violate them. Understanding administrative law is crucial for businesses to ensure they are complying with the relevant laws and regulations within their industry.
• Describe the role of regulatory agencies in the context of important business laws and regulations.
  • Regulatory agencies, which are a key component of administrative law, play a critical role in overseeing and enforcing the important business laws and regulations that govern various industries. These agencies, such as the Environmental Protection Agency or the Occupational Safety and Health Administration, are responsible for developing and implementing the rules and standards that businesses must follow, as well as investigating and taking enforcement actions against those that fail to comply. Businesses must have a strong understanding of the relevant regulatory agencies and their requirements in order to ensure they are operating in accordance with the law.
• Analyze how the principles of administrative law, such as rulemaking and judicial review, influence the actions and decisions of the Federal Trade Commission.
  • The Federal Trade Commission (FTC), as a regulatory agency, is subject to the principles of administrative law, which shape its ability to create and enforce rules and regulations. The FTC's rulemaking process, which involves public notice and comment periods, is governed by administrative law requirements designed to ensure transparency and accountability. Additionally, the FTC's actions and decisions are subject to judicial review, allowing courts to assess whether the agency has exceeded its authority or acted in an arbitrary or capricious manner. This system of checks and balances, rooted in administrative law, is intended to balance the FTC's regulatory power with the need to protect the rights and interests of businesses and consumers.

Related terms

Regulatory Agencies: Government agencies responsible for overseeing and enforcing laws and regulations within a specific industry or sector, such as the Federal Trade Commission or the Environmental Protection Agency.

Rulemaking: The process by which administrative agencies create new regulations or amend existing ones, typically involving public notice and comment periods.

Judicial Review: The ability of courts to review and potentially overturn the actions or decisions of administrative agencies to ensure they are lawful and within the scope of the agency's authority.