Approaching Hypothetical Cases in Administrative Law

Running Head: ADMINISTRATIVE LAW 1
ADMINISTRATIVE LAW
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2
Task 1
The most appropriate way of approaching this hypothetical is to clearly lay out what
has been it states. This will assist in understanding what important issues are present in these
cases.
• Legislation that intends to create a new state department of drug enforcement.
• Establishing a set of controlled drugs.
• Coming up with new rules about the penalties for the possession and use of controlled drugs
• Coming up with a proper process of adjudicating cases that involve violators of the set
rules.
It has been identified and sometimes declared that it is impossible to delegate
legislative powers. However, in this cases, it can be recognised that even though the state
legislator holds powers that might appear strictly exclusive to his legislative obligations, he
can “delegate powers which may rightfully exercise itself” (Delegation Reconsidered, p14).
The delegation of drug enforcement laws is a framework that can rightfully exercise itself. In
an increasingly complex society complete with ever changing and more technical issues, it is
hard for the state legislator to do his job of drug enforcement without the ability to delegate
only under broad and general directives.
The biggest issues in the process of delegating such a huge matter are where he
should draw the line. It is often hard to discern the exact limits and that the precise boundary
of such responsibilities is a subject of delicate order in which both parties need not enter
unnecessarily. According to the Article I, Section I, of the U.S. Constitution, the solutions of
delegation in all but most extreme and to accept delegation of vast responsibilities to the
higher administrative agencies. The assumption, in this case, is that the utility functions of the