What is administrative law?
Administrative law is the regulatory law of public administration.
- FDA: The US Food and Drug Administration
- Technology and economics; b. Safety; c. transparency;
Why we have administrative law statutes:
- As the scope and complexity of public policy increase, legislatures have difficulty keeping abreast of the need to adopt and amend legislation.
- Legislatures cannot be expected to have the level of detailed technical expertise often required in contemporary public policymaking.
- It avoids taking firm stands on controversial issues
Discretion is essential to the implementation of laws and the successful achievement of a government’s policy objectives.
- Structuring administrative decisionmaking processes
- Providing for procedural and substantive review of administrators’ decisions
The constitutional context of US public administration
- The separation of powers
Legislatures write administrative law to promote representativeness, public participation, transparency, and fairness in public administration.