Administrative Law And Administrative Authority Essay

763 Words Dec 9th, 2014 4 Pages
Administrative Law
What is Administrative Law? Administrative law is a body of law that was created by administrative agencies in order to carry out their duties and responsibilities (Miller 104). Administrative law is significant because it is the basis for administrative agencies and all of its powers and the administrative process.
Why is Administrative law important? Administrative law is the basis for administrative agencies and all of its powers. Administrative agencies were created by Congress (Miller 106). In order to create an administrative agency, Congress must pass an enabling legislation (Miller 106). These enabling legislations will specify the name, purpose, function, and the powers of the agency as well as general laws for their administration to be fair and orderly (McKinney 1). The powers that were given by Congress will also subject to judicial review and interpretation (McKinney 1). The administrative agencies can only exercise the powers that were given to them by Congress (Miller 106). Administrative agencies have the power to issue legislative and interpretive rules (Miller 108). The legislative rule is as legally binding as the laws that Congress pass (Miller 108). The interpretive rule is not a legally binding rule, but it does indicate how an agency will plan to interpret and enforce its authority (Miller 108). Administrative agencies mainly function independently, but the three branches of government can exercise certain controls over the…

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