What is Administrative Law? Administrative Law is the body of civil law that governs the actions of various administrative bodies of government. Government agency activity can consist of rulemaking, adjudication, the enforcing or determination of a statutory regulatory agenda. Administrative law may also be considered a branch of private law.
The body of administrative law governs the operation of governmental agencies. It is made up of a number of special rules and regulations. The US Government generally creates its own set of administrative law. However, the courts tend to interpret these rules. The purpose of such law, as stated by the Supreme Court, is to assure “the independence of the federal government from judicial review”.
The US Congress passed bills providing for an administrative law process. This law was to protect the rights of individuals while at the same time promoting governmental objectives. In practice, administrative law does not attempt to separate private and governmental agencies. Rather, administrative law tends to become a part of governmental decision-making. Courts tend to defer to the agencies within the judicial system in deciding what is a reasonable administrative decision.
Because of the very nature of administrative law, there are many complex issues involved. These issues range from the definition of governmental action and the powers that government agencies possess, right down to the definition of personal property and the enforceability of a contract. The courts will attempt to apply a standard of scrutiny to each of these issues to help assure that the agencies take reasonable steps to protect the rights of individuals under the law.
One area of what is administrative law that has become of great importance is in the realm of patent and trademark infringement suits. Patents and trademarks play a crucial role in the economy. Without these technologies, companies could not come up with the innovations that drive the economies we have. Unfortunately, sometimes these innovators may infringe on the intellectual property of others. Courts will attempt to determine if the person who has been infringed has actually had a substantial influence on the creation or infringement of the technology.
Another area of what is administrative law that tends to receive little attention is agency rulemaking. This area involves determining what types of guidelines and standards the executive branch should use in making certain decisions. While the courts will not necessarily decide every case that comes before them, they do provide a significant role in deciding what is reasonable. For example, the courts may require agencies to take a certain amount of a certain thing into consideration when deciding whether or not to approve a patent or trademark application.
What is Administrative Law also includes many aspects of the business industry. For example, a company wishing to start a new venture will want to know what the process would be for starting a corporation, limited liability, and so forth. A labor union will also need to know how to act when management decides to go on strike. In the same way, an educational board will need to make certain decisions about the use of copyrighted work and related cases. All of this can be found under the heading of what is administrative law.
Some types of what is administrative law are referred to as regulatory law. This usually refers to the rules and regulations that govern how companies and other organizations operate. They are often written by agencies such as the FDA (Food and Drug Administration) or the EPA (Environmental Protection Agency). These regulatory agencies will periodically issue rules and regulations regarding how their agencies function and the way they administer their power. These administrative laws and regulations will ensure that the organizations operate according to certain standards and that the businesses they deal with follow the law in the area of business activity. For example, the FDA has to issue regulations about what cosmetics are allowed to contain on their labels, and they must set up reporting and tracking systems for consumers to understand the safety of the products that they purchase.