administrative law - Administrative law in common law countries, Administrative law in civil law countries

The body of law relating to administrative powers exercised principally by central and local government, including town and country planning, the control of many trades and professions, police powers, and environmental issues. The exercise of such powers can be the subject of scrutiny by the courts or tribunals on legal (but not normally on policy) grounds. In several countries, administrative law is distinguished from constitutional law by being concerned purely with matters of public administration, and not with broad constitutional issues which may impinge on administrative matters.

Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a state regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.

Administrative law in common law countries

Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies.

Administrative law may also apply to review of decisions of so-called quasi-public bodies, such as non-profit corporations, disciplinary boards, and other decision-making bodies that effect the legal rights of members of a particular group or entity.

While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada). This difference is vital in appreciating administrative law in common law countries. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is patently unreasonable (under Canadian law), Wednesbury unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by the Supreme Court in India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz.

The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari.

Administrative law in Australia

Main Article: Australian administrative law

Administrative law in Canada

Main Article: Canadian administrative law

Administrative law in the United States

Main Article: American administrative law

In the United States legal system, many government agencies are organized under the executive branch of government, rather than the judicial or legislative branches.

The actions of executive agencies independent agencies are the main focus of American administrative law. see Federal Register and Code of Federal Regulations), "adjudicate" (through administrative hearings), and to "execute" administrative goals (through agency enforcement personnel). Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the requirements of Constitutional due process.

The dominant U.S. Supreme Court case in the field of American administrative law is Chevron U.S.A.

The American Bar Association's official journal concerning administrative law is the Administrative Law Review. Policy ), U.S. Supreme Court Justice Stephen Breyer divides the history of administrative law in the United States into six discrete periods:

English antecedents & the traditional model of administrative law The New Deal 1945 - 1965: the Administrative Procedure Act & the maturation of the traditional model of administrative law 1965 - 1985: critique and transformation of the administrative process 1985 - ?: retreat or consolidation

Administrative law in civil law countries

France

In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort.

Germany

In Germany, the highest administrative court for most matters is the federal administrative court Bundesverwaltungsgericht.

The Netherlands

In the Netherlands, administrative law is found throughout the entire framework of Dutch law. This decision can be appealed with one of the following court of appeals:

de Centrale Raad van Beroep (abbreviated: CRvB) het College van Beroep voor het bedrijfsleven (abbreviated: CBB) de Afdeling Bestuursrecht Raad van State (abbreviated: ABRvS)

Depending on which law the appeal is based on, either one of these three will have jurisdiction.

Next to the system described above there is another part of administrative law wich is called "administratief beroep" (administrative appeal).