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Administrative lawCompiled by Rohan Wickremasinghe

Dip Mgt., MIM (SL), MITD (SL), MBA (SGU), Dip B (BPUSL), AIB (SL)

Administrative law is the body of law that arises from the activities ofadministrative agencies of government. Government agency action can includerulemaking, adjudication, or the enforcement of a specific regulatory agenda.Administrative law is a considered a branch of public law. As a body of law,administrative law deals with the decision-making of administrative units ofgovernment (e.g., tribunals, boards or commissions) that are part of a stateregulatory scheme in such areas as international trade, manufacturing, theenvironment, taxation, broadcasting, immigration and transport. Administrativelaw expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complexsocial, economic and political spheres of human interaction.Administrative law in Anglo-American common law countriesGenerally speaking, most countries that follow the principles of Anglo-Americancommon law have developed procedures for judicial review that limit thereviewability of decisions made by administrative law bodies. Often theseprocedures are coupled with legislation or other common law doctrines thatestablish standards for proper rulemaking.

Administrative law may also apply to review of decisions of so-called quasi-publicbodies, such as non-profit corporations, disciplinary boards, and other decision-making bodies that effect the legal rights of members of a particular group orentity.

While administrative decision-making bodies are often controlled by largergovernmental units, their decisions could be reviewed by a court of general

jurisdiction under some principle of judicial review based upon due process(United States) or fundamental justice (Canada).

The scope of judicial review may be limited to certain questions of fairness, or towhether the proper procedures were followed in an administrative proceeding. Areviewing court may only set aside an administrative decision if it is patentlyunreasonable (under Canadian law), Wednesbury unreasonable (under Britishlaw), or arbitrary and capricious under (U.S. Administrative Procedure Act and

New York State law).

The powers to review administrative decisions are usually established by statute,but were originally developed from the royal prerogative writs of English law,such as the writ of mandamus and the writ of certiorari.

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Administrative law in the United StatesAdministrative law in the United States often relates to, or arises from, so-called"independent agencies"- such as the Federal Trade Commission ("FTC"). Here isFTC's headquarters in Washington D.C.In the United States legal system, manygovernment agencies are organized under the executive branch of government,

rather than the judicial or legislative branches. The departments under the controlof the executive branch, and their sub-units, are often referred to as executiveagencies. The so-called executive agencies can be distinguished from the manyimportant and powerful independent agencies, that are created by statutesenacted by the U.S. Congress.

The actions of executive agencies and independent agencies are the main focusof American administrative law. In response to the rapid creation of newindependent agencies in the early twentieth century (see discussion below),Congress enacted the Administrative Procedure Act (APA) in 1946. Many of theindependent agencies operate as miniature versions of the tripartite federal

government, with the authority to "legislate" (through rulemaking), "adjudicate"(through administrative hearings), and to "execute" administrative goals (throughagency enforcement personnel). Because the United States Constitution sets nolimits on this tripartite authority of administrative agencies, Congress enacted theAPA to establish fair administrative law procedures to comply with therequirements of Constitutional due process.

Historical developmentIn his book, Administrative Law & Regulatory Policy (3d Ed., 1992) (Admin. Law& Reg. Policy ), U.S. Supreme Court Justice Stephen Breyer divides the historyof administrative law in the United States into six discrete periods:

English antecedents & the American experience to 1875

1875 - 1930: the rise of regulation & the traditional model of administrative lawThe New Deal1945 - 1965: the Administrative Procedure Act & the maturation of the traditionalmodel of administrative law1965 - 1985: critique and transformation of the administrative process1985 - ?: retreat or consolidation

Administrative law in civil law countries

FranceIn France, most claims against the national or local governments are handled byadministrative courts, which use the Conseil d'tat as a court of last resort.

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GermanyIn Germany, the highest administrative court for most matters is the federalBundesverwaltungsgericht. For certain social and employment issues, there arerespectively the Bundessozialgericht and the Bundesarbeitsgericht.

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