Historical Problems and Impact on Public Administration - Essay Example

Administrative Procedure Act: Historical Problems and Impact on Public Administration of the appears here] of the institute appears here] [Date of submission appears here] Administrative Procedure Act: Historical Problems and Impact on Public Administration Introduction The Administrative Procedure Act (APA) is a statue of the Federal Government System of the United States. It is a statue which determines the manner in which the administrative agencies of United States establish regulations. Administrative Procedure Act is the basis for the regulation of the legal provisions and procedures of administrative agencies in the United States (Beckett, 2010). In addition, this statue has control over the administration of the courts. The focus of the Administrative Procedure Act is the relationship of the government institutions with private individuals. It must be pointed out that Administrative Procedure Act does not regulate the internal structure of the administration and the relationship between its constituent parts (Denhardt, Denhardt, & Blanc, 2014). The scope of the act is only to provide a legal framework for the government structure of the United States. Administrative Procedure Act also plays an indirect role to protect individuals from the arbitrariness of the bureaucracy and the state administration in the United States (Denhardt, Denhardt, & Blanc, 2014). The structure of the administrative and procedural relations includes non-conflicting legal relations which are formed between the executive bodies of state or municipal authorities. The importance of this act is high in terms of the relations in the field of public administration. The reason for the creation of the Administrative Procedure Act was the need for documenting the rights and responsibilities of Federal and State government agencies (Szypszak, 2011). The main objective of the formation of the administrative procedural legal relations is the establishment of administrative legal procedure of administrative actions, as well as, taking care of the rights and duties of citizens and government organizations (Johnson & Svara, 2011). Administrative Procedure Act also ensures the legality of public administration; establishes guarantees of fairness, reasonableness of administrative acts, as well as, performing administrative actions (Johnson & Svara, 2011). Historical Problems There were a number of administrative problems during Roosevelt’s era that prompted the creation of the Administrative Procedure Act. The second decade of the Twentieth century was the era of the Great Depression. Several US government agencies were formed at that time for administration of the public sector (Beckett, 2010). Upon conferring powers on the government agencies, it was feared that too much powers may vested in the government agencies. Conferring too many powers on government agencies represented a threat for the wellbeing of the citizens. For this reason, Roosevelt’s administration decided to form and implement the Administrative Procedure Act in the year 1933 despite opposition from different contentious forces (Denhardt, Denhardt, & Blanc, 2014). The contents of the Administrative Procedure Act were designed to include a number of key elements. The primary purpose was to create a structure for the administrative procedures and their legal regulation. In addition, principles of administrative procedures, the procedure of administrative actions, as well as, resolution of administrative cases was also carried out through the Administrative Procedure Act (Szypszak, 2011). Another historical significance of Administrative Procedure Act is that the regulators were provided a framework for the first time. The administrative procedures established under the Administrative Procedure Act led to the activity of administrative bodies to address and resolve the administrative cases (Johnson & Svara, 2011). At the same time, the Administrative Procedure Act established the procedure for the consideration and resolution of administrative cases through the use of administrative proceedings (Johnson & Svara, 2011). Following the implementation of the Administrative Procedure Act in the year 1933, several visible improvements were observed in terms of the relations of the government bodies with one another: i. Implementation of the competence of the executive body of public authority. This power provided administrative authority pursuant to the relevant control functions; ii. Creation of procedural forms that contributed to the realization of the rights and freedoms of man and citizen, as well as, the legitimate interests of organizations, legal entities and individual entrepreneurs; iii. Formation of the legal form for the public administration and the executive; iv. Normativity of administrative procedures, i.e. regulations established by the order of their application; v. Administrative and legal regulation of the goals and objectives of the relevant administrative procedures; vi. Review and resolution of individual administrative proceedings; vii. Feedback implementation of administrative procedures with the norms of various branches of substantive law; It is worth mentioning that historically the content of the administrative and procedural activities were not linked to any judicial review of disputes on subjective public law. Impact on the Process of Public Administration The impact of Administrative Procedure Act has been both profound and far reaching in terms of the management of the governmental agencies of US. Foremost among these impacts is the creation of an internal structure within the US government (Denhardt, Denhardt, & Blanc, 2014). The administrative procedure in terms of its internal structure is now seen as a system of succession. Since the main stages of administrative procedures are administrative proceedings, Administrative Procedure Act has helped in formation of decisions on the administrative cases. It has also provided a framework for the review of decisions on the administrative cases, as well as, the execution of the decisions on the administrative case (Denhardt, Denhardt, & Blanc, 2014). Today, the decision on the administrative cases is usually identified with the adoption of an administrative act. Thus, in practice, the administrative procedures are considered as a form of an administrative act. The final decision in the administrative and procedural law in most cases is the formulation of the enforcement procedures which sets out rules for the execution of the administrative action (Cooper, 2007 ). Implementation of Administrative Procedure Act has also facilitated the period of voluntary compliance, enforcement of an administrative act and the consequences of non-performance for different government. Therefore, the biggest impact of Administrative Procedure Act has been an improvement in the performance of the government agencies for public welfare (Cooper, 2007 ). Finally, creation of systematic administrative procedures under the Administrative Procedure Act has contributed immensely towards legal regulation (Denhardt, Denhardt, & Blanc, 2014). Administrative Procedure Act also has had a direct impact on the provision of the citizen rights and freedom in US (Denhardt, Denhardt, & Blanc, 2014). Since all subjects of law somehow come into a different relationship with the executive bodies of state and municipal authorities and their officials, the Administrative Procedure Act has provided a much needed structure to the US government (Beckett, 2010). Conclusion The paper discussed the Administrative Procedure Act in terms of its historical evolution and the impact of the statue on improving the governance system in the US. It is concluded that the Administrative Procedure Act is a statue which determines the manner in which the administrative agencies of United States establish regulations. It is also found that the focus of the Administrative Procedure Act is the relationship of the government institutions with one another. An investigation into the history of the act revealed that the reason for the creation of the Administrative Procedure Act was the need for documenting the rights and responsibilities of Federal and State government agencies. It is found that Roosevelt’s administration decided to form and implement the Administrative Procedure Act in the year 1933 despite opposition from different contentious forces. Finally, it is concluded that the impact of the Administrative Procedure Act towards the governance of United States is significant. The Administrative Procedure Act has established the procedure for the consideration and resolution of administrative cases through the use of administrative proceedings. Finally, it is concluded that the impact of Administrative Procedure Act has been both profound and far reaching in terms of the management of the governmental agencies of US. References Beckett, J. (2010). Public Management and the Rule of Law. New York: Routledge. Cooper, P. (2007 ). Public Law and Public Administration. Washington: Thomson/Wadsworth. Denhardt, R., Denhardt, J., & Blanc, T. (2014). Public Administration: An Action Orientation. Ohio: Engage Learning. Johnson, N., & Svara, J. (2011). Justice for All: Promoting Social Equity in Public Administration. New York: M.E. Sharpe. Szypszak, C. (2011). Understanding Law for Public Administration. 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