The Development of Administrative Law - Essay Example

Development of Administrative law Development of administrative law Administrative law is a branch of law, which deals with administration. In other words, it is a law that determines the organization, duties, and powers of various administrative authorities. It entails the legal principles governing the administration of various government authorities. It therefore addresses matters relating to decision making by the government administrative units. As governments expanded in size and power, there was need for an elaborate legal framework governing the administration of the public to maintain order, enhance efficiency, and develop the economy as well as maintaining control over the flourishing bureaucracy. This transpired mostly during the twentieth century. During this period, administrative law underwent tremendous developments, both qualitatively and qualitatively. This proliferation has seen administrative law assume more significance in the recent years. Moreover, it has developed into a profound recognizable form in today’s legal framework. In most democratic states, administrative law has developed into a distinguished branch of law, which is more elaborate and definite than ever before. However, it is worth noting that the development of Administrative Law varies from one country to another. This necessitates the need to examine the development of Administrative. Administrative law varies in accordance to whether country is a common law country or a civil law country. In this regard, most countries subscribed to the principles of common law have established elaborate procedures by which judicial review on decisions made by the administrative law bodies is limited. Therefore, as much as administrative decision-making agencies are led, monitored and controlled by larger government units, courts of general judicial units have the powers to review their decisions. In the case of the United States, this is done by the principle of judicial review, which is based upon due process. The judicial review of administrative decision differs from an appeal. Some of the common law countries include Australia, Canada, India, and the United States. According to Carter and Harrington (2008), bureaucratic government is not the cure for the challenges to free enterprises or trade but understand that the government regulation and oversight is essential in keeping power within democratic borders. Administrative law has underwent numerous developments including recent developments such as the impact of privatizing firms on administrative accountability, the interests of the public when government services and provisions are limited, centralizing of executive powers, various legal procedures that are commonly found in administrative practices like sexual harassments in universities. In addition, there are some relevant cases that have been applied in regard to development of administrative law such as United States Vs. Mead Corporation and United States Vs. Dow Chemical Company. The public are allowed to give their views on various intricate cases such as Gratz vs. Bollinger. In the United Kingdom, the courts have played a vital role in the entire development of administrative law. In the year 1980, the Parliamentary Reform Agenda formulated additional grounds for government accountability and incorporated them into public disclosure of government documents as well as the control of government information handling. Ultimately, the development of administrative law in Britain led to the enactment of Freedom of Information Act of 1980 and the Privacy Act of 1988. Under the British administrative law, cases involving the validity of any government action are adjudicated by ordinary courts. They cannot be decided by special administrative courts. With regards to its development, the British administrative law is subject to a long history. However, its modern form can be traced back to the second half of the seventeenth century. This was prompted by the destruction of the Privy Council’s executive power because of the 1988 revolution. It led to dislocation of the old machinery of central political control. This facilitated the interposition of the Court of King’s Bench. Since then, the administrative machineries in England resumed control of the Court of Law. The King’s Bench was empowered to grant Writs of Mandamus, Certiriorari and Prohibition besides other ordinary remedy for damage to aggrieved individuals against administrative acts. The necessity for practical reforms to curb the inadequacies in the administrative procedures led to the enactment of the Tribunals and Inquiries Act in 1958. This was because of the Report of the Committee on Administrative Tribunals and Inquiries of 1958, which is commonly referred to as the Franks Committee. In the United States, administrative law comprehends various cases as well statutes, which delineate the extent of powers and responsibilities of the various administrative agencies of the United States Government. This is because of delegation of duties to various agencies, boards, or commissions. The delegation of duties is imputed to the fact that the executive, judicial, and legislative branches of the United States federal government may not always be in a position to directly perform all their constitutional responsibilities (Carter & Harrington, 2008). Therefore, the administrative agencies to which these duties specialized powers are delegated oversee and monitor these duties. The agencies are set up to safeguard public interest in their respective areas, which include; foreign trade, commercial aviation, securities markets, environment among many others. As Carter and Harrington (2008) states that the United States federal agencies possess the powers to adjudicate, legislate, and enforce laws within their respective areas of delegated powers. This power is codified as the Code of Federal Regulations. Most of these government agencies are under the executive branch of government. However, some few others are organized under the judiciary. At the federal level, the executive branch of the government is under the president. The president is empowered to exercise control over all the federal executive departments, which are led by various secretaries. The secretaries form membership of the United States Cabinet. Administrative law is therefore intended to prevent any excess or any abuse of authorities by the various agencies. The actions of these agencies therefore form an integral focus of administrative law in the United States. With particular reference to the historical development of Administrative Law in the United States, Carter & Harrington, 2008 argues that development of administrative law was segmented into two periods. The first period is known as the English antecedent and the American experience, which lasted until 1875. The second period is the rise of regulation and the traditional model of Administrative Law which lasted from 1875 up to 1930.the third period in the historical development of the American Administrative Law is know as the New Deal. From 1945 to 1965 existed the period of Administrative Procedure Act and the maturation of the traditional model of Administrative Law. This was followed by the critique and transformation of the administrative process period, which lasted from between 1965 to 1985.The final period, is the retreat or consolidation, which began in 1985 to date. The six periods empowered the America legal system over many government agencies. Following the establishment of various new independent agencies in the United States in the early twentieth century, the U.S. Congress enacted the Administrative Procedure Act (APA) in the year 1946 to enhance fair administrative law procedures that comply with the constitutional requirements of due process. On the other hand, civil law countries have established various sections or specialized courts, which handle administrative cases. These courts or sections apply procedural rules, which are specifically designed for administrative cases. The civil countries include France, Germany, Netherlands, and Germany among many others (Carter & Harrington, 2008). Summarily, administrative law and politics are intertwined in that the government need to establish strong mechanism to ensure that the rule of law is respected to enhance social cohesion and increased economic growth. In addition, administrative law oversees implementation of public policy/politics on crucial matters in society. Reference Carter, L., & Harrington, C.B. (2008). Administrative law and politics, Cases and Comments, 4th Ed. New York: CQ Press. Read More