Administrative law

able to give orders and dismantle laws that are deemed unconstitutional. The belief that courts have the function as policy makers is predominantly seen within the history of the Supreme Court. The Supreme Court is able to be involved in policy making by exercising judicial review. Through judicial review, courts are able to strike down on policies made by elected officials or legislatures. The Supreme Court’s ability to do this can lead to the reshaping of laws and social change within the…

Nations, privacy is basic human right that should be protected by law. The United States Constitution also implies a right to privacy in the Fourth Amendment. Recent laws passed by the government have raised questions about whether the government’s actions infringe upon a citizen’s right to privacy. The USA Patriot Act was the first of many laws that increased the powers of government organizations such as the NSA and the FBI. The law allowed these agencies to access private records of US…

Americans with Disabilities Act (ADA) of 1990 are two main federal legislative acts that are intended to protect the civil rights of individuals with disabilities. The intent of these two laws is to avoid any form of discrimination against individuals with disabilities who are otherwise competent. Even though these two laws are similar they have multiple differences among them. Section 504 of the Rehabilitation Act requires any agency, school or institution receiving federal financial…

Hammurabi was a set of legal laws developed by King Hammurabi of the First Dynasty which was carved onto black stone stele in 1752 BCE in early Babylonian times. These codes were significant at the time since they were the earliest set of laws found and preserved from ancient Mesopotamia. The Code of Hammurabi included a set of 282 laws and rules which managed to survive to be analyzed by archaeologists and historians in the present day. Hammurabi, through these laws, sought to preserve the…

Tax treaties do not require any implementing law or guideline. A treaty is considered “self-executing” when it does not need any implementing legislation and it takes effect upon ratification. In US jurisdiction, a treaty that is not self-executing does not create a cause of action or provide a remedy. Under US law, the President and two-thirds of the Senate have the power to bind the country with the treaty by making the necessary implementing law. Both of them may execute many types of…

Consequently the Acquired Rights Directive (2001) included scope for considering concepts such as outsourcing and allowing a degree of flexibility in recognition for the need to endeavour to combine quality with economy. Another matter considered was the question of joint liability for both the transferor and the transferee in the case of unfair dismissals prior to transfer. Other matters included the consideration of negotiations in transfer related matters where there was no Trade Union…

penalty of $10000. This law was passed in 1966 because of increasing concern about animal treatment. Unfortunately, the Animal Welfare Act has currently been lacking in efficiency and enforcement. Right now there are two viewpoints over the Animal Welfare Act. One of them is the animal rights viewpoint while the other one is the animal welfare viewpoint. My recommendation for the Animal Welfare Act is that if a violator wants to take any reduction disagreements to an administrative hearing, then…

to collect phone records in bulk. After this act was issued the list was expanded to include computer crimes, terrorist, and chemical weapons. (Hall, 2015). In conjunction with this there is no warrant required to retrieve voice-mail only an administrative subpoena. Before the Patriot Act pen registers and trap devices were used, nut after the act similar technology was used and applied to emails and court orders are carried out nationally instead of jurisdictionally. Revolving wiretaps without…

These courts do not hold trials since they only have appellate jurisdiction. They will review the lower court’s ruling and case documents for errors in the application of the law. All decisions based on these submissions are final and binding. Since the Supreme Court hears few cases per year, the rulings of the circuit courts of appeals can be quite powerful and affect not only the lower federal courts but also the large population…

perceived importance. By definition, Executive Orders (EOs) are “legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies” (Fox ThisNation). Executive Orders are typically used to direct federal agencies and officials in their execution of congressionally established laws or policies. In many instances, however, they have been used to guide agencies in directions contrary to congressional intent (Fox, ThisNation). The…