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Administrative law homework help
Administrative law is a branch of law that encompasses the principles that govern the administration and regulation of government bodies. The main aim of administrative law is to create and develop a system of administration under law. It is held to cover an organization's powers, organization, duties, and functions of authorities engaged in administration. The law governing education, housing, public health, and many other services offered by a government is covered under administrative law. Administrative law is expected to be economical, efficient, and just. It is not expected to frustrate an administrative. Most countries follow that follow the principles of common law have come up with different judicial review procedures to limit the renewing of decisions made by admin law bodies.
Administrative law in the United States
In the early days, administrative law in the United States was ignored before it grew up to become the fourth branch of law. The growth of administrative law was engineered by legal scholars such as Ernst Freund and Frank Goodnow, who had written several books concerning administrative law. The first committee to deliberate on administrative law was formed in 1933. The committee aimed to determine how judicial control over administrative agencies would be carried out. The committee's findings led to the administrative procedure act, which was passed in 1946, providing judicial control over all administrative actions.
Administrative law in the United States encompasses common law, statutes, and directives issued by the office of information and regulatory affairs in the Office of the President. In the USA, administrative law is divided into four parts:
- The authority and structure of administrative agencies
- The procedures and formalities employed by the agencies
- The validity of the agency decisions
- The role of other governmental agencies and courts in the administrative agencies.
Administrative law in Australia
Administrative law in Australia is aimed at regulating the government's decision-making. It is meant to be like an accountability way that applies to the decision-making of the Australian government. The accountability mechanisms include the merits review by tribunals and government agencies, investigations by the Australian Information Commissioner and Commonwealth Ombudsman's office, a judicial review carried out by the federal courts, and internal agency practices, which include dispute resolutions.
Attorney-General's role in Administrative law in Australia
In Australia, the Attorney General's office plays oversight of the legislative instruments and Administrative Appeals Tribunal. Before any administrative law act is passed, the office of the Attorney general must be sought first.
The Administrative Review Council
In Australia, the Administrative Review Council is an independent body established for advisory under the Administrative Appeals Tribunal Act of 1975. The body was responsible for issuing best practice guidelines and reports in administrative law. However, in 2015 this body was abolished, and all its functions were transferred to the Attorney General's office.
