Introduction Administrative law is a branch of public law that governs the activities of governmental administrative agencies. It encompasses the creation and regulation of administrative agencies, as well as the legal principles that guide their actions. The rulemaking process refers to the procedure through which administrative agencies create rules and regulations. This often involves public notice, comment, and review before the rules are finalized and implemented. Due process involves the fair treatment of individuals by the government, particularly in legal proceedings, while the equal protection clause ensures that all individuals are treated equally under the law. What is Administrative Law Cornell Law School defines administrative …show more content…
The main purpose of administrative law is to ensure that administrative agencies act within their authority, follow fair procedures, and make decisions that are reasonable and consistent with the law. The purpose of these laws within an organization is to establish clear guidelines for behavior and procedures, ensuring consistency, fairness, and compliance with laws. Rules help communicate the company's values and expectations, providing a framework for decision-making and conflict resolution. The Process of Ruling Rulemaking is a critical function of administrative agencies, entailing the creation of regulations with the force of law. This process usually includes drafting a proposed rule, notifying the public, soliciting public comments, and finally, promulgating a final rule. Rulemaking plays a vital role in bridging the gaps left by legislatures and offering comprehensive guidelines and methods for the enactment of laws. The Library of Congress explains the process of rule as, "a process used by federal agencies in creating, amending, or repealing rules." Congress grants rulemaking authority to federal agencies in order to implement legislative statutes" (Library of Congress, n.d.). …show more content…
Due process mandates that individuals receive notice and a chance to be heard before being deprived of their rights, ensuring that administrative agencies adhere to fair procedures and allow individuals to defend themselves. Conversely, the equal protection clause forbids the government from discriminating against individuals on arbitrary grounds, compelling administrative agencies to apply the law equally to everyone. According to the Legal Information Institute, “due process ensures that all individuals have certain fundamental rights that must be respected by the government while determining guilt or innocence in legal proceedings. It also requires fair and impartial procedures for those facing criminal accusations.” (Legal Information Institute, 2021). On the other hand, the equal protection clause mandates that. “all individuals should be treated similarly under the law without arbitrary discrimination. The clause suggests that laws and government actions should not discriminate against a particular group based on race, gender, religion, or other protected characteristics.” (Oyez, 2021). Fundamentally, these clauses are designed to safeguard individual rights and promote fairness and equality within the legal framework. They have played a pivotal role in several key rulings, including Brown v. Board of Education,
Judicial Functions The judicial process basically involves a series on intertwined roles and procedures for resolving disputes through an authoritative individual or people whose decisions tend to be obeyed on a regular basis. The judicial process or functions also involve the use of administrative agencies, which were created to help the government in enacting the law in a simpler and more direct way than the legislature. Given the nature of their functions, administrative agencies do not necessarily
health care issues. Executive branch and health policy Health care implementation is a process, not an outcome. As with any public policy topic as laws are discussed, they then move onto congress. The executive branch holds the keys for interpretation and rulemaking within congressional intent (Snyder, 2010). In the case of implementing federal health reform, many creative elements went into this process to ensure it would pass with flying colors through the executive branch. The Obama Administration
branches of government are subject to review and possible invalidation by the judicial branch”(Cornell Law). Judicial review makes sure that the three branches of government plays by the “rules”, and judicial review also allows opportunity for a fair ruling. The Supreme Cou... ... middle of paper ... ...usion, we can all agree that all five of these sources contribute to the U.S law in similar yet distinctive ways. This is where functionalism plays a part in the U.S law, because we need each of
Outline Of Pollution in the Backcountry 1. Bush over turns Clintons plans to ban snowmobiles in Yellowstone National Park. (pro) a. Yellowstone will continue to be polluted and degraded. (con) 2. Business, Industry and environment. a. Two opinions presented by each side 3. Identifying problems with the over turning of the Clinton administration ban. 4. Identifying problems with the pollution in off road vehicles. 5. Identifying propaganda techniques used by either side. 6. How credible
believe individuals probably are not aware enough of the success of other whistleblowers to really effect their behavior at the margins, though lawyers, if any group, would seem at least decently likely take this into account in their decision-making process—this would raise the costs of whistleblowing even higher than its current lofty bar. Moreover, although the SEC takes a pretty broad definition of appearing before the commission in its rules for attorneys, the risk of being outside this uncertain