Administrative Law

Last night started a new module: Administrative Law (AL).

AL is defined as the body of regulations that govern state agencies. It clarifies i) rulemaking - the process to create and promulgate regulations, ii) adjudication - the process to review judicial decisions, iii) and enforcement - the process by which legislation come to force.

Another objective of AL is the provision of necessary rules for the implementation of statutes. Statutes are legislative acts gathered in States' Revised Statutes.

It was mentioned that AL is part of the arena of Public Policy (PP). PP was explained as an action plan that determines present and future decisions. Also, PP process is largely influenced by i) rationality - experts ii) power - interest groups and press and iii) ideology. The usual decision-making process of PP is identifying i) real problem ii) alternative solutions and iii) implementation (Executive - order, Legislative - statutes, Judicial - decision, Electorate - referenda).

In the context of PP, AL provides a set of rules known as Administrative Procedures Act (APA) to i) delegate power, ii) limit boundaries, and iii) provide a legal set of regulations to guide the implementation of PP by state agencies.

Throughout this process, Due Process (DP) is the legal instrument to protect citizens' rights against state agencies' harmful decisions. Citizens can always argue against a regulation based on the following arguments i) constitutionality ii) legislative intent and iii) precedent.

During the explanation of APA and DP, it was highlighted the importance of constant judicial reviews to hold public officials accountable for their decisions and acts. It was also pointed out that the nature of most cases against state agencies is technical - mainly taxation -; therefore, justifying the need of specific courts to arbitrate over complicated matters.

Circuit of Court of Appeals (CCA) in the US is quite strong, although functions as intermediate appellate court of the federal court system. CCA wields great power because i) sets precedent ii) influences national law and iii) serves as financial arbiter in most federal cases.

I am looking forward to this module and learning more about the relation between AL with management functionality, legal accountability, economic efficiency, transaction cost, democratic governance (transparency and inclusiveness), and global trends.