Administrative Law
Chapter 2 -
Part 1
CHAPTER CAPSULE
The Chapter Overview proposes that the delegation of power to agencies through administrative laws provides the best protection of citizens’ interests. The separation of the branches of government limits these powers.
A. History of Administrative Law develops administrative law from its
inception in the 1800’s, when it was part of all of the laws, to modern
administrative law being a separate branch of law from civil, criminal and
constitutional laws. Originally drafting limited powers to agencies,
administrative law now institutes the great powers of modern agencies. A
living entity, administrative law is flexible to the nation’s needs as illustrated
in the chronological chart.
B. Delegation Doctrine instructs that legislatures do transfer powers, but only
limited transfer is allowed. This Doctrine is a legal theory, not a written
document like our Constitution.
C. Separation of Powers includes a very brief civics summary to refresh
students’ memories of the powers of the executive, legislative and judicial
branches; and their roles. Since the legislative branch creates administrative
laws and agencies, then supplies the budgets to agencies, its role is
maximized.
D. Intelligible Principle examines the practical aspect of politics and
administrative agencies in legal theories.
E. Enactment of Statutes depicts the Department of Labor and the
Occupational Safety and Health Administration.
The Chapter Summary formulates that administrative laws co-exist with all other laws because administrative agencies interact with all the varying citizens’ interests.
The Advanced Studies presents documents as examples of administrative law thinking.