Key Concepts of Administrative Law Explained

Administrative law can be defined as the exercise of government authority through its executive branch and agencies. In the United States these agencies are created by the congress through an act known as enabling legislation which gives them the power to enact promulgations with the same magnitude as the statutory law. Administrative law can also be termed as the general operations and external constraints in which agencies operate.

Components of administrative law include administrative procedure act, constitutional limitations and judicial review. Therefore this essay will focus on particular cases relevant to administrative law for the topic emerging in the news. Course concepts on The Constitutional Context of Public Administration, Bureaucracy and Democracy, Discretion and Delegation, Reviewability, The Government and Information, Rulemaking and Adjudication and Liability will be considered. 

The Constitutional Context of Public Administration 

There have been several debates on the relationship between politics and administration in the US government. Political science scholars has raised significant arguments on the interaction between administration features of the political government which include the divided and the unified government and political polarization.Adminstrative law has faced several consequences with the potential of creating malfunctions within the US administrative state (Livermore & Richardson,2019). A recent issue is the Supreme Court administrative law intervention which has illustrated this claim effectively. The president removed all Administrative Law Judges from their competitive serve and appointing them to be head of agencies. This move by the president goes against the political provisions which calls for the growth of the presidential administration. Also, the interaction of politics and administrative law is common.Proffesor Jerry Mashaw in his work the “Lost Era” highlights how the American Administrative law has changed within the hundred years. Legal changes such as qui tam actions and also the extension of personal immunity was done for official acts, then later followed by both administrative and political changes. The United States system has undergone several similar transformation for an observable duration. United States history provides relatable examples where jurists and other decision makes alter the legal constitution and translate the day politics into policy (Livermore & Richardson, 2019). For almost three decades the Democratic party of that time relegated the regional status where the national policy was to favor laissez-faire economic policies and initiatives that included prohibition, trust busting and political reforms. Changes to administrative law was done which was characterized by political shifts creating a new stance for the government election.

 Bureaucracy and Democracy 

The system of governance is always controlled by the powers of the congress, president and the court police. The president and the congress have always been involved in conflicting ideas as the president always want to have a direct control the administration. Through this the courts have been involved in arbitration between the congress and the president. In the course of the new deal period the US Supreme Court became skeptical on the then president Franklin Roosevelts aggressive agenda where he wanted to limit the presidential power. Currently the capacity of president’s representative capability of the people becomes uncircumcribable due to the hesitant nature of the courts for the president to have control over his administrators. According to Ullen (2019), the New deal became the new starting point of democracy where United States Department of Agriculture settled on administrative governance where they elected administrators. Initially bureaucracy was used from congressional authorization or directions given by the president. The struggle between the congress and the president on appointing the head of USDA became a major challenge since it deprived administrative democracy.Proffessor Richard B suggested at one point that electing administrators was the solution for bureaucratic accountability. The emergence of the New Deal agriculture required administration assistance where elected farmer committees were used. The elected committees were beneficial as compared when the congress got the mandate (Ullen, 2019). The concept of administrative democracy has been plentiful since it considers practices of equality and accountability. However these concepts of equitability and accountability have been compromised by the constitution for example promises of the congress and the president of non-majoritarian democratic engagement. Therefore these committees have not been in position to thrive because when elections are held experts remain disadvantaged.

 Discretion and Delegation 

Mechanisms of administrative review facilitate accountability and fairness in government actions thus making part crucial components of government actions. The article "Strategic Delegation, Discretion, and Deference: Explaining the Comparative Law of Administrative Review" analyses significant court case through provision of background issues relevant to administrative law. Strategic delegation, discretion and deference are important concepts in administrative law. These concepts are important in decision making for judicial agencies and also in the process of judicial oversight. Strategic delegation the other hand discretion involves the transfer of decision making from legislators to administrative authorities (Garoupa & Mathews, 2014).The article "Strategic Delegation, Discretion, and Deference: Explaining the Comparative Law of Administrative Review" discusses notable land mark cases. A major case is Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) where the Chevron deference framework was established. Here policy objective were used to achieve strategic delegation while maintaining accountability. The discretion given to administrative agencies is always influenced by political, institutional and societal factors. On the other hand discretion supports the freedom delegated to administrative agencies through the process of interpreting and applying laws. A relevant court case is Roncarelli v. Duplessis (1959) in Canada where administrative authorities were scrutinized. The scope of discretion always varies from one legal system to the other (Garoupa & Mathews, 2014). Deference highlights the attitude of courts in making decisions on matters calling for expertise or consideration of policies. Seminal court cases such as R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) (2008) in the UK are part of deference. In the mentioned case the extent of judgement was tied to the executive as they are mandated in making decisions solely on matters regarding national security. Strategic delegation can be applied by policy makers through delegating decision making to administrative agencies in order to achieve the set policy goals. Discretion used uphold legal principles and prevent abuse of power while Deference used to uphold rule of law and ensure accountability through close scrutiny.  The article provides meaningful insights regarding administrative law concepts within different legal concepts. 

Reviewability 

Transparency and algorithmic governance has drawn attention of professionals within Administrative law as documented in the article "Transparency and Algorithmic Governance" published in the Administrative Law Review, Volume 71, Issue 1.The article main analyses the existing relationship between transparency measures and use of algorithms in making administrative law decisions. Algorithm systems always promise efficiency and objectivity while in turn their opaque nature raises concerns on their fairness and accountability in protection of individual’s right. The main issue presented in the article is creation of balance between benefiting from algorithmic governance through maintenance of virtues such as transparency, accountability and strict adherence to the set legal standards. Relevant cases rising from reviewability include the 2016 Wisconsin versus Loomis case (Coglianese & Lehr, 2019). The Wisconsin Supreme Court resorted to the use of Risk assessment tool to conduct their sentensing.The defendant argued that the use of the algorithm violated his rights of transparency resulting from the use of the technique.  Also the 2019 Federal Trade Commission Versus Facebook made allegations that Algorithms used by Facebook violated privacy and supported deceptive practices in the community. The court had to rule on emphasis of transparency and accountability where Facebook had to regulate use of algorithms in meeting user experiences. This course concept of reviewability can be applied in the Rule of Law and Due Process as measures of transparency are part of fundamental principles of the rule of law (Coglianese & Lehr, 2019). Also reviewability in political science is applied in Administrative Discretion and Accountability, Regulatory Frameworks and Legal standards. Therefore this article on “Transparency and Algorithmic Governance” highlights the importance of algorithmic decision making process in administrative law where it examines relevant court cases and apply course concepts to enrich individual understanding. 

The Government and Information 

The book “Administrative Law in the Political System: Law, Politics, and Regulatory Policy” examines comprehensively the relationship between administrative law, politics and regulatory policies. Warren argues that administrative law is always controlled by politics where reflection of competing interests, ideological considerations and power is always evident. Administrative decisions have always been broadly influenced by politics and prevailing policies. The book raises the concern of challenges in administrative government where administrative agencies hold substantial power of implementing laws and policies (Warren, 2019). In this scenario balancing legal requirements, political interests and regulatory frames poses the major challenge of transparency.  Court cases are common attributes of this concept of Government and Information. The 1984 court case between Chevron USA Inc. and Natural Resources Defense Council is a deference case for interpretation of statuses. This case is a practical example of the role of judiciary in solving disputes between the agencies and compromised parties. Also the Citizen United Versus Federal Election Commission (2010), mandated the Supreme Court to highlight the extent of expenditure by corporates and finance laws for campaigns. The final decision showcase the impact of judicial interpretations on administrative law and political dynamics (Warren, 2019). Another relevant case is the Massachusetts versus Environmental Protection Agency (2007).In this case the Supreme Court ruled in favor of the Environmental Protection Agency as they had the mandate to regulate emission of Green House Gases. This decision reflected the role of administrative agencies in addressing common policy issues. Concepts Learnt in Government and Information can be applied in Separation of powers between agencies, Rule making and Adjudication and Judicial Deference. 

Rulemaking and Adjudication 

The article “Charting the new landscape of administrative adjudication” highlights transformations present in the administrative adjudication. These changes are driven by technological innovations, prevailing societal expectations and legal developments. Walker argues that the traditional models of administrative adjudication are becoming unreliable in addressing issues arising from modern governance. Several administrative agencies are struggling to meet the changing demands while upholding accountability and fairness in their practices. Primarily the article highlights the significance of procedural innovation and other mechanisms of dispute resolutions that can be used to achieve administrative adjudication. (Walker, 2019) From the article adoption of online platforms, virtual hearings and mediation techniques are modern means that can be used for achieving efficiency, accessibility and user satisfaction. Court Case between Goldberg and Kelly (1970) was ruled that individuals who by any chance are facing termination of welfare benefits were given the audience for a pre-termination hearing which is a practice in administrative adjudication for achieving fairness. Course concepts from rule making and adjudication can be applied in Judicial Deference, Procedural Due Process and Administrative Discretion. 

Liability 

The article “Administrative law for public managers” documents the role of public managers in following the concepts of administrative law to achieve compliance, mitigate legal risks and uphold the existing standards of governance. Example of a relevant court case is the Massachusetts Versus Environmental Protection Agency of 2007.The Supreme Court gave an affirmation of the Environmental Protections role of regulating emission of greenhouse gas emissions which is in accordance to the clean air act. Course concepts on liability can be applied in separation of power where public managers have to understand the roles of legislative, executive and judiciary which are branches for administration (Rosenbloom, 2022). Also the concept of Liability assists in achieving procedural fairness as public managers in administrative law always ensure compliance with legal requirements.

Additionaly concepts of liability in administrative law can be applied in achieving regulatory compliance which include administrative discretion, regulatory enforcement and statutory interpretation which are important for interpretation an implementing regulations. 

Conclusion 

The articles reviewed highlight the relationship that existing in administrative law, politics and governance within United States. Livermore and Ullen (2019) document the context of public administration where they emphasize on the impacts of politics on public administrative processes and bureaucracy. Garoupa & Mathews (2014) documents the concept of discretion and delegation which are important concepts in administrative law. Coglianese & Lehr 2019 highlight the importance of transparency and reviewability which are important in governance. Warren (2019) document the influence of competing interest and power of regulatory policies. Also walker (2019) argues on the evolution of administrative adjudication in achieving procedural innovation and accessibility. Rosenbloom (2022) appreciates the contribution of public managers in adhering to principles of administrative law in the achievement of compliance and upholding standards of governance. 

References 

Coglianese, C., & Lehr, D. (2019). Transparency and algorithmic governance. Administrative law review, 71(1), 1-56. 

Garoupa, N., & Mathews, J. (2014). Strategic delegation, discretion, and deference: explaining the comparative law of administrative review. The American Journal of Comparative Law, 62(1), 1-34. 

Livermore, M. A., & Richardson, D. (2019). Administrative Law in an Era of Partisan Volatility. Emory LJ, 69, 1. 

Rosenbloom, D. H. (2022). Administrative law for public managers. 

Taylor & Francis. Ulan Galperin, J. (2019). The life of administrative democracy. Geo. LJ, 108, 1213. 

Walker, C. J. (2019). Charting the new landscape of administrative adjudication. Duke LJ, 69, 1687. 

Warren, K. (2019). Administrative Law in the Political System: Law, Politics, and Regulatory Policy. Routledge.