Administrative Law: Rules, Adjudication, and Agency Authority

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Added on  2022/11/13

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This essay provides an overview of administrative law, focusing on the authority of government agencies to make rules, stemming from organic statutes and constitutional constraints. It defines adjudication as the legal ruling or judgment process for settling legal cases, outlining the steps involved from notice to final ruling. The essay also differentiates between legislative and interpretive rules under United States administrative law, explaining how legislative rules are adopted following the Administrative Procedure Act, while interpretive rules clarify existing laws and regulations. Desklib provides access to similar solved assignments and study tools for students.
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Running head: ADMINISTRATIVE LAW
ADMINISTRATIVE LAW
Name of Student
Name of University
Author Note
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ADMINISTRATIVE LAW
Authority of Government Agency
The authority of the federal agencies to make rules stem from the organic statutes and
are required to be in consistence with the constraints of the constitution and the intents of the
legislations (Hall, 2015). The regulatory agencies are seen has having administrative
discretion for their day-to-day activities which is referred to as the flexibility of the exercise
of judgment and decision making.
Adjudication
Adjudication can be defined as the legal ruling or judgment that is usually considered
as final but can also be referred to as the process for the settlement of any legal case or claim
by way of the court or the justice system. The process of adjudication includes a notice by the
initiating party for the establishment of the facts in a controversy and for defining the laws
that would be applicable, the appointment of an adjudicator is done and the defending party is
sent a notice for which they are required to submit defence to claim. Both the parties are then
given chance for presenting their arguments and a final ruling is made.
Types of Rules
Under the United States administrative law there are two types of rules: Legislative
rules and interpretive rules. A legislative rule can be seen as being adopted by the
administrative agencies following the procedures that have been laid down under the
Administrative Procedure Act. Interpretive rules on the other hand can be described as the
rules that are issued by the administrative agencies for the clarification or explanation of the
laws and regulations that are existing.
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ADMINISTRATIVE LAW
Reference
Administrative Procedure Act
Hall, D. (2015). Administrative law: Bureaucracy in a democracy. Boston: Prentice Hall.
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