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Simple English definitions for legal terms
administrative law
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A quick definition of administrative law:
Administrative law is the set of rules that govern how government agencies work. These agencies are created by Congress or state legislatures to carry out specific tasks, like protecting the environment or regulating businesses. They have the power to make rules, enforce laws, and decide disputes. However, they must follow certain procedures and stay within the limits set by the Constitution and other laws. The Administrative Procedure Act (APA) is the main law that governs how agencies work. It sets out rules for how agencies must make rules, decide disputes, and communicate with the public. Courts also play a role in overseeing agencies and making sure they follow the law.
A more thorough explanation:
Administrative law is a type of law that deals with the creation and operation of administrative agencies. These agencies are given powers by Congress or state legislatures to carry out certain tasks and enforce laws. Administrative law includes the rules and principles that govern the administration and regulation of government agencies at both the federal and state levels.
Some examples of administrative agencies include the Department of Justice, Department of Defense, Federal Trade Commission, Securities and Exchange Commission, and the Environmental Protection Agency. These agencies have the power to interpret laws, create rules, enforce regulations, and adjudicate matters related to their respective areas of responsibility.
The examples illustrate administrative law because they show how agencies are created to protect public interests and carry out specific tasks related to enforcing laws. These agencies have significant power to interpret laws and create rules, but they must still act within constitutional and statutory limits. The Administrative Procedure Act (APA) provides guidelines for how agencies must operate and carry out their functions, including formal and informal rulemaking and adjudication. The APA also outlines the procedures agencies must follow before taking action in any of these functions.
One important aspect of administrative law is judicial review of agency actions. The courts give deference to agencies in their interpretations of laws and regulations, but there are different levels of deference depending on the circumstances. Chevron deference applies when the courts defer to agency interpretations of statutes unless they are unreasonable. Auer deference applies when the courts defer to agency interpretations of their own ambiguous regulations. Skidmore deference applies when the courts give varying amounts of deference to agency interpretations based on their expertise in a particular matter.
Administrative law is an important branch of law that governs the creation and operation of administrative agencies. These agencies have significant power to interpret laws, create rules, enforce regulations, and adjudicate matters related to their respective areas of responsibility. The APA provides guidelines for how agencies must operate and carry out their functions, and the courts give deference to agencies in their interpretations of laws and regulations.