administrative law jurisprudence definition
UNDERSTANDING ADMINISTRATIVE LAW
1 Administrative law—United States 2 Administrative procedure—United States I Title II Series KF5402 F68 2000 |
Summary
2 Am Jur 2d Administrative Law Summary American Jurisprudence Second Edition February 2022 Update Administrative Law Glenda K Harnad J D ; Janice Holben J D ; Sonja Larsen J D and Karl Oakes J D Correlation Table Summary Scope: This topic is a broad view of administrative law as it impacts all federal and state agencies |
What does jurisprudence mean?
In the United States, jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common: The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law.
What is an administrative jurisprudence?
What emerges is the outline of an administrative jurisprudence. The basic elements of that jurisprudence can be summarized as follows. The first dimension, authorization, is the very basic demand that government action have a valid legal source.
What is authorization in administrative law?
The first dimension, authorization, is the very basic demand that government action have a valid legal source. A starting premise of this administrative jurisprudence is that authorization is personal to the officeholder, rather than an impersonal vesting of power in the government as a whole.
What is administrative law?
They write new content and verify and edit content received from contributors. administrative law, the legal framework within which public administration is carried out. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law.
Overview
administrative law, the legal framework within which public administration is carried out. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional and political, as well as juridical, importance. There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters, such as the responsibility of ministers, cannot be exclusively assigned to either administrative or constitutional law. Some French and American jurists regard administrative law as including parts of constitutional law. britannica.com
Defining principles
One of the principal objects of administrative law is to ensure efficient, economical, and just administration. A system of administrative law that impedes or frustrates administration would clearly be bad, and so, too, would be a system that results in injustice to the individual. But to judge whether administrative law helps or hinders effective administration or works in such a way as to deny justice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs. In this connection only the broadest generalities can be attempted. It can be asserted that all states, irrespective of their economic and political system or of their stage of development, are seeking to achieve a high rate of economic growth and a higher average income per person. They are all pursuing the goals of modernization, urbanization, and industrialization. They are all trying to provide the major social services, especially education and public health, at as high a standard as possible. The level of popular expectation is much higher than in former ages. The government is expected not only to maintain order but also to achieve progress. There is a widespread belief that wise and well-directed government action can abolish poverty, prevent severe unemployment, raise the standard of living of the nation, and bring about rapid social development. People in all countries are far more aware than their forefathers were of the impact of government on their daily lives and of its potential for good and evil. The growth in the functions of the state is to be found in the more-developed and in the less-developed countries; in both old and new states; in democratic, authoritarian, and totalitarian regimes; and in the mixed economies of the West. The movement is far from having reached its zenith. With each addition to the functions of the state, additional powers have been acquired by the administrative organs concerned, which may be central ministries, local, provincial, or regional governments, or special agencies created for a particular purpose. Special offer for students Check out our special academic rate and excel this spring semester britannica.com
2017 rules on administrative cases in the civil service (2017 raccs)
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