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Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a state regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction. Administrative law in common law countries Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking. Administrative law may also apply to review of decisions of so-called quasi-public bodies, such as non-profit corporations, disciplinary boards, and other decision-making bodies that effect the legal rights of members of a particular group or entity. While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada). Judicial review of administrative decision, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is patently unreasonable (under Canadian law), '' Wednesbury '' unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by the Supreme Court in India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz. legitimate expectation and proportionality. The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari. In certain Common Law jurisdictions, such as India or Pakistan, the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary. Administrative law in Australia Main Article: Australian administrative law Administrative law in Canada Main Article: Canadian administrative law Administrative law in the United States
Historical development In his book, Administrative Law & Regulatory Policy (3d Ed., 1992) (Admin. Law & Reg. Policy ), U.S. Supreme Court Justice Stephen Breyer divides the history of administrative law in the United States into six discrete periods: France In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort. Germany In Germany, the highest administrative court for most matters is the federal administrative court Bundesverwaltungsgericht. There are federal courts with special jurisdiction in the fields of social security law (Bundessozialgericht) and tax law (Bundesfinanzhof). The Netherlands In the Netherlands, administrative law is found throughout the entire framework of Dutch law. Most prominent however is the so-called "Algemene Wet Bestuursrecht" (abbreviated as: 'AWB'). Civilians can oppose and appeal a decision ('besluit') made by a public body ('bestuursorgaan'). Firstly they need to oppose the decision. This opposition is decided on by the public body that made the decision in the first place. Then the opposer can appeal this 'decision on opposition' with the court. Every court has a special sector for administrative law. This sector is called "sector bestuursrecht" which decides on appeals. This decision can be appealed with one of the following court of appeals: Next to the system described above there is another part of administrative law wich is called "administratief beroep" (administrative appeal). This procedure is a lot more simple and is almost never available. It is only available if the law on which the primary decision is based, labels this procedure to be the only way for civilians to appeal it. Therefore it is exclusive. If administrative appeal is the only option than appealing with a court is not possible. | |||||||||
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