Analysis of State and Municipal Administrative Law Thesis

This thesis provides a comprehensive analysis of state and municipal administrative law, focusing on the administrative processes adopted by public agencies. It explores the roles of rulemaking, adjudication, policy declarations, and judicial review, as well as the influence of the Administrative Procedures Act. The paper examines how agencies create law through these processes, including the involvement of public administrators and the significance of court cases in shaping policy decisions. The thesis also highlights the importance of judicial review in ensuring that laws and regulations adhere to the rule of law. Furthermore, the paper discusses the limitations of agency powers, and the role of non-government checks on the power of government such as the free and independent press.

Running head: THESIS 0
state and municipal administrative law
AUGUST 9, 2018
STUDENT DETAILS:

THESIS 1
Thesis statement-
This thesis is all about the state and administration law. It highlights the
administrative process adopted by public agencies, process of rulemaking, adjudication,
policymaking, and judicial review, and the role of public administrators (Carter, 2014).
How public agencies follow the Administrative Procedures Act in making of law?
In United States, the Administrative Procedures Act is considered as significant parts
of the administrative law. The Administrative Procedures Act is a federal law of the United
States, which regulates the manner in which public agencies can offer and then make the
rules and regulations. The Administrative Procedures Act permits the public agencies to
make the rules, regulations, and law. The Administrative Procedures Act describes the rules
as the agency statement of common or specific applicability and the prospective result framed
to apply, understand, or recommend laws or policies.
The Administrative Procedures Act constructed a structure for regulating the public
agencies and several parts of the public agencies. The public agencies may make the rules,
regulations and the law. It is required by Administrative Procedures Act that public agencies
should make the citizens informed concerning the companies, processes, and regulations. The
public participation is also needed in the procedure of rulemaking. The Administrative
Procedures Act develops the uniform standards and equal principles for the public agencies to
make the laws and regulate the rules and regulations (Auby, 2013).
What are the areas of rulemaking, adjudication, policy declarations, and judicial review?
The public agencies implement the legislation made by congress with the help of the
process of rulemaking, adjudication, policy declarations, and the judicial review. The

THESIS 2
rulemaking is more difficult in comparison of law making. The public agency uses the
process of rulemaking to make and implement the rules and regulations (Wu, 2017).
Further, adjudication refers to the legal procedure through which the magistrate or
arbitrator makes review of evidences and the statements containing lawful reasoning made
by the opposite parties. With the help of adjudication procedure, the public agencies make the
legal rules and regulations. The area of policy declaration renders the procedure of the
implementation of the policies in the effective manner. The public agency may involve in the
rulemaking, adjudication, policy declaration, and judicial review to make update of rules and
regulations under the present common laws.
Furthermore, the process of judicial review is described as the procedure through
which the magistrate or court analyse the actions of the legislative, executives and the
administrative. The judicial review helps in deciding the consistency of the functions and
activities of legislative, administrative, and executive authorities with the constitution of
nation. The main significant object of the judicial review is to make sure that law, rules, and
regulations passed by the legislature conform to the rule of law. The judicial review is the
part of establishing the constitutional discipline for the public agencies at the time of making
rules, regulations, and laws. In this way, he rulemaking, adjudication, policy declaration, and
judicial review form the new rules and regulations as per current authority (Langer, 2012).
Conclusion on how public administrators use the cases of court to drive the policy decisions-
The courts, magistrates, government institutions and the chief executives play the
significant role in the procedure of making of policy. The public administrators also play a
significant role at each level of the process of making policies. The public administrators are
liable for rendering the services to the citizens of the public. The public administrator take the
help of court to analyse the relevant cases. The public administrators use the significant

THESIS 3
relevant cases of court at the time of making the policies for the public. The public
administrators use the relevant court cases to set an example regarding the specific matter in
front of the citizens of the nation. In this way, the public administrators are expert in offering
the policies. They are closest to the community. The public administrators specify the
demands and the requirements of citizens of country. The public administrator mostly
influence the development of the policy during the level of creation because the public
administrators state the policies as they carry it out (Racino, 2014).
The policies formed and implemented by the public agencies, constitute in big part
body of the laws, called rules and the regulations. The courts have burden regarding the court
cases, hearings, and evidences. In the context of various legal actions made by the
magistrates in the court, the judgement regarding the cases handed down has had a profound
influence in the procedure of the public administration (Painter, 2010).

THESIS 4
References
Auby, J. B. (2013). Codification of administrative procedure. Cambridge: Cambridge
university press.
Carter, L. (2014). Administrative law and politics. Oxford: Routledge.
Langer, L. (2012). Judicial review in state supreme court. New York: Suny Press.
Painter, M. (2010). Tradition and public administration. New York: Springer.
Racino, J. A. (2014). Public administration and disability. Florida: CRC press.
Wu, T. (2017). Antitrust via rulemaking. J on telecom & high tech, 16(1), 33-35.