Administrative law is the branch of law governing the creation and operation of administrative agencies. It is also a body of rules, procedures, and principles created by government agencies and departments in order to carry out laws created by courts (case law) and legislatures (statutes).
This entry summarizes federal and state/territorial administrative law as it affects security management and emergency management (McKinney 2018) (see also infra Law: Specialized (REAL ID, OBIM, SAFETY Act, and more)). Federal administrative law primarily concerns the powers and procedures of federal administering agencies in relation to the public (but usually not in criminal matters). It is the Congress that grants general and specific powers to various federal agencies through enabling legislation as well as the general laws for their fair and orderly administration. These executive powers are often quasi-legislative in nature (via rules and regulations applicable to a...
KeywordsAdministrative Law Rules Procedures Caselaw Statutes Administrative Procedures Act Adjudication Judicial Review
- 5 U.S. Code. (2018). Chapter 5 – administrative procedure, Cornell Law School LII (APA), https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5
- Admin Rules. (2018). AdministrativeRules.org, http://www.administrativerules.org/administrative-rules/
- Administrative Adjudication Law and Legal Definition. (2018). USLegal.com, https://definitions.uslegal.com/a/administrative-adjudication/
- Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837. (1984). cited with authority in David Kemp, Chevron deference: Your guide to understanding two of today’s SCOTUS decisions, JUSTIA.com, 21 May 2012, https://lawblog.justia.com/2012/05/21/chevron-deference-your-guide-to-understanding-two-of-todays-scotus-decisions/
- Federal Register. (2018). https://www.federalregister.gov/
- McKinney, R. J. (2018). Federal administrative law: A brief overview, 3 May 2017 (McKinney), http://www.llsdc.org/assets/sourcebook/fed-admin-law.pdf.
- Oversight and Insight: Legislative Review of Agencies and Lessons from the States, 121 Harv. L. Rev. 613. (2007). Oversight, http://www.harvardlawreview.org/issues/121/december07/Note_1047.php
- See Preclusion of Judicial Review. (2018). USLegal.com, Preclusion, https://administrativelaw.uslegal.com/judicial-review-of-administrative-decisions/preclusion-of-judicial-review/
- Types of Rules and Agency Statements. (2018). USLegal.com, https://administrativelaw.uslegal.com/administrative-agency-rulemaking/types-of-rules-and-agency-statements
- United States Department of Labor, Office of workers/compensation programs. (2018). DOL, https://www.dol.gov/owcp/dfec/regs/compliance/feca550q.htm
- Yeboah v. INS, 2001 U.S. Dist. LEXIS 17360 (E.D. Pa. Oct. 26, 2001). (2001). cited with authority in Judicial Review of Administrative Decisions, USLegal.com, https://administrativelaw.uslegal.com/judicial-review-of-administrative-decisions/
- Administrative Conference of the United States website, https://www.acus.gov/
- Administrative Law Guide, Library of Congress, https://www.loc.gov/law/help/administrative.php
- Harvard Law School Office of Public Interest Advising. (2011) A guide to careers in administrative law, https://hls.harvard.edu/content/uploads/2011/08/adminlawguide.pdf