Lesson Title: Introduction to Administrative Law
Objective:
To introduce students to key words and phrases related to Administrative law.
To provide an overview of the history and beginnings of Administrative law.
Vocabulary:
1. Administrative Law: The body of law that governs the activities of administrative
agencies of government. It covers rules, regulations, orders, and decisions created by
administrative agencies.
2. Administrative Agency: A governmental body responsible for administering and
implementing specific legislation.
3. Regulation: A rule or order issued by an administrative agency to carry out the purpose
of a statute.
4. Rulemaking: The process by which an administrative agency formally adopts a new
regulation or amends an existing one.
5. Adjudication: The process by which an administrative agency issues an order deciding a
particular case or controversy.
6. Delegation: The process by which a legislative body grants authority to an administrative
agency to implement and administer laws.
7. Legislative Rule: A rule issued by an administrative agency that has the force and effect
of law, often called a regulation.
8. Interpretive Rule: A rule issued by an administrative agency that explains how the
agency interprets a statute or regulation it administers.
History and Beginnings of Administrative Law:
Administrative law has its roots in the development of the modern administrative state,
which began in the late 19th and early 20th centuries.
The growth of industrialization and urbanization in the late 19th century led to an
increased need for government regulation of economic and social activities.
In the United States, the Interstate Commerce Commission, created in 1887, was one of
the first federal administrative agencies established to regulate railroad rates and
practices.
The creation of the Federal Trade Commission in 1914 marked the beginning of the
modern administrative state in the United States, with a focus on regulating unfair
methods of competition in commerce.
In the United Kingdom, the development of administrative law can be traced back to the
establishment of the Council of the North in the 15th century, which was responsible for
governing the northern counties of England.
Activities:
1. Vocabulary Matching: Match the administrative law terms with their definitions.
2. Discussion: Discuss the role of administrative agencies in modern society and their
impact on everyday life.
3. Case Study: Analyze a case where administrative law played a significant role in shaping
the outcome.
Conclusion:
Administrative law is a vital part of the legal system, governing the activities of
administrative agencies and ensuring they operate within the bounds of law and fairness.
Lesson Title: Exploring Administrative Law
Objective:
To introduce students to the basic concepts of Administrative Law.
To engage students in an interactive discussion about the history and principles of
Administrative Law.
Warm-up (5 minutes):
Ask students if they have heard of Administrative Law before. Encourage them to share
any experiences or knowledge they have.
Introduction to Administrative Law (5 minutes):
Define Administrative Law as the body of law that governs the activities of
administrative agencies of government.
Explain that Administrative Law covers rules, regulations, orders, and decisions created
by administrative agencies.
Interactive Vocabulary Activity (10 minutes):
Divide the class into pairs or small groups.
Provide each group with a list of Administrative Law-related terms and definitions.
Ask them to match the terms with their definitions.
Review the answers as a class and discuss any questions or misunderstandings.
History and Development of Administrative Law (5 minutes):
Briefly discuss the history of Administrative Law, highlighting key developments such as
the growth of industrialization and the establishment of early administrative agencies.
Role-play Activity (10 minutes):
Divide the class into two groups: one representing an administrative agency and the other
representing a citizen.
Provide each group with a scenario involving a regulatory issue (e.g., environmental
protection, workplace safety).
Ask the groups to role-play a meeting between the agency and the citizen to discuss the
issue, highlighting the principles of Administrative Law.
Discussion and Conclusion (5 minutes):
Facilitate a class discussion based on the role-play activity, focusing on the challenges
and benefits of Administrative Law in addressing societal issues.
Summarize the key points of the lesson and encourage students to reflect on how
Administrative Law impacts their lives.
Homework (optional):
Ask students to research a current issue related to Administrative Law and prepare a short
presentation for the next class.
Glossary:
1. Administrative Law: The body of law that governs the activities of administrative
agencies of government. It covers rules, regulations, orders, and decisions created by
administrative agencies.
2. Administrative Agency: A governmental body responsible for administering and
implementing specific legislation.
3. Regulation: A rule or order issued by an administrative agency to carry out the purpose
of a statute.
4. Rulemaking: The process by which an administrative agency formally adopts a new
regulation or amends an existing one.
5. Adjudication: The process by which an administrative agency issues an order deciding a
particular case or controversy.
6. Delegation: The process by which a legislative body grants authority to an administrative
agency to implement and administer laws.
7. Legislative Rule: A rule issued by an administrative agency that has the force and effect
of law, often called a regulation.
8. Interpretive Rule: A rule issued by an administrative agency that explains how the
agency interprets a statute or regulation it administers.
Title: Understanding Administrative Law
In democratic societies, the government is tasked with creating and enforcing laws to ensure
order and fairness. However, the government itself is subject to rules and regulations that dictate
how it can operate. This body of rules and regulations is known as administrative law.
Administrative law governs the activities of administrative agencies, which are specialized
bodies created by the government to carry out specific functions, such as regulating industries,
protecting the environment, or ensuring public safety. These agencies are given the authority to
make rules (regulations), conduct investigations, and enforce laws within their areas of
jurisdiction.
One key aspect of administrative law is the process of rulemaking. When an administrative
agency wants to create a new rule or change an existing one, it must follow a set procedure that
typically includes public notice and comment. This ensures that affected parties have the
opportunity to provide input before a rule is finalized.
Another important function of administrative agencies is adjudication, which is the process of
resolving disputes between the government and individuals or organizations. Administrative
agencies have the authority to issue orders and decisions in these cases, which are binding unless
overturned by a court.
Overall, administrative law plays a crucial role in ensuring that government actions are fair,
transparent, and accountable. By providing a framework for the operation of administrative
agencies, administrative law helps to balance the power of the government and protect the rights
of individuals and businesses.
Glossary:
1. Administrative Law: The body of law that governs the activities of administrative
agencies of government. It covers rules, regulations, orders, and decisions created by
administrative agencies.
2. Administrative Agency: A governmental body responsible for administering and
implementing specific legislation.
3. Regulation: A rule or order issued by an administrative agency to carry out the purpose
of a statute.
4. Rulemaking: The process by which an administrative agency formally adopts a new
regulation or amends an existing one.
5. Adjudication: The process by which an administrative agency issues an order deciding a
particular case or controversy.
6. Delegation: The process by which a legislative body grants authority to an administrative
agency to implement and administer laws.
7. Legislative Rule: A rule issued by an administrative agency that has the force and effect
of law, often called a regulation.
8. Interpretive Rule: A rule issued by an administrative agency that explains how the
agency interprets a statute or regulation it administers.
9. Executive Order: A directive issued by the President or a Governor that has the force of
law and is used to manage the operations of the executive branch.
10. Notice-and-Comment Rulemaking: A rulemaking process in which an agency
publishes a proposed rule in the Federal Register or similar publication, allows for public
comments, and considers those comments before issuing a final rule.
11. Administrative Procedure Act (APA): A federal statute that governs the process by
which administrative agencies propose and establish regulations.
12. Judicial Review: The power of a court to review the actions of an administrative agency
to determine if they are consistent with the law and the agency's authority.
13. Arbitrary and Capricious Standard: The standard used by courts to determine if an
agency's action is valid. An agency action may be set aside if it is found to be arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance with the law.
14. Ultra Vires: A Latin term meaning "beyond the powers." An agency action is ultra vires
if it exceeds the authority granted to the agency by law.
15. Subpoena: A legal order requiring an individual or organization to produce documents,
testify, or provide other information relevant to an agency's investigation or adjudication.
16. Sunset Provision: A provision in a statute that sets an expiration date for a law or
regulation, requiring the legislature to reauthorize it if it is to remain in effect.
17. Freedom of Information Act (FOIA): A federal law that allows individuals to request
access to government records.
18. Exhaustion of Administrative Remedies: A legal principle requiring parties to seek all
available remedies within an administrative agency before seeking relief from a court.
19. Standing: The legal right of a party to bring a lawsuit or participate in a legal
proceeding.
20. Administrative Record: The official record of proceedings before an administrative
agency, including all documents and evidence considered by the agency in making its
decision.
Subpoena: A legal order requiring an individual or organization to produce documents, testify, or
provide other information relevant to an agency's investigation or adjudication, give me a type of
the agency that issues subpoenas. Can it be issued by the court or is it a different term?
A subpoena is typically issued by an administrative agency or a court. In the context of
administrative law, administrative agencies often have the authority to issue subpoenas as part of
their investigative or adjudicative processes. These subpoenas compel individuals or
organizations to produce documents, testify, or provide other information relevant to the
agency's proceedings.
Courts also issue subpoenas, but in the context of administrative law, subpoenas issued by courts
are more related to judicial review of agency actions or other court proceedings involving
administrative agencies. The key difference is that administrative agencies issue subpoenas as
part of their own proceedings, while courts issue subpoenas in cases that come before them
involving administrative agencies.
So, to answer your question, a subpoena can be issued by both an administrative agency and a
court, depending on the context and the nature of the proceedings.
A type of agency that commonly issues subpoenas is an investigative or regulatory agency.
These agencies, such as the Securities and Exchange Commission (SEC) or the Environmental
Protection Agency (EPA), often have the authority to issue subpoenas as part of their
investigations into potential violations of laws or regulations within their jurisdiction.
Yes, it is generally obligatory to respond to a subpoena. A subpoena is a legal order, and failing
to respond to it can result in penalties. The specific penalties for failing to respond to a subpoena
can vary depending on the jurisdiction and the nature of the case, but they may include fines,
contempt of court charges, and other sanctions. In some cases, failing to respond to a subpoena
can also result in a warrant being issued for the individual's arrest. It is important to consult with
legal counsel if you receive a subpoena to understand your obligations and rights under the law.
Here are the names of ten agencies in the United States that are governed by Administrative
Law:
1. Environmental Protection Agency (EPA): Responsible for protecting human health
and the environment.
2. Federal Communications Commission (FCC): Regulates interstate communications by
radio, television, wire, satellite, and cable.
3. Securities and Exchange Commission (SEC): Regulates the securities industry,
including stock exchanges, brokerage firms, and investment advisors.
4. Food and Drug Administration (FDA): Regulates the safety and effectiveness of food,
drugs, medical devices, vaccines, and other products.
5. National Labor Relations Board (NLRB): Oversees the relationship between
employers and employees in the private sector.
6. Federal Trade Commission (FTC): Protects consumers and promotes competition by
preventing anticompetitive, deceptive, and unfair business practices.
7. Department of Labor (DOL): Promotes the welfare of wage earners, job seekers, and
retirees by improving working conditions, advancing opportunities for profitable
employment, and ensuring the protection of retirement and health care benefits.
8. Social Security Administration (SSA): Administers social insurance programs,
including retirement, disability, and survivor benefits.
9. Federal Aviation Administration (FAA): Regulates civil aviation to promote safety and
oversee air traffic management.
10. Department of Homeland Security (DHS): Protects the United States from terrorist
attacks, natural disasters, and other threats.
In Serbia, there are several agencies and bodies that are governed by Administrative Law. Here
are some examples:
1. Commissioner for Information of Public Importance and Personal Data Protection:
Responsible for overseeing the implementation of the Law on Personal Data Protection
and the Law on Free Access to Information of Public Importance.
2. Anti-Corruption Agency: Works to prevent and combat corruption in Serbia, in
accordance with the Law on the Anti-Corruption Agency.
3. State Audit Institution: Conducts audits of the use of budget funds and other public
resources, in accordance with the Law on the State Audit Institution.
4. Republic Broadcasting Agency: Regulates and oversees the broadcasting sector in
Serbia, in accordance with the Law on Electronic Media.
5. Commission for Protection of Competition: Ensures the protection of competition in
the market, in accordance with the Law on Protection of Competition.
1. Agencija za privredne registre (APR) - Agency for Business Registers: Responsible for
maintaining registers related to business entities, in accordance with the Law on Business
Registers.
2. Poreska uprava - Tax Administration: Responsible for administering and collecting
taxes in Serbia, in accordance with tax laws and regulations.
3. Republički geodetski zavod (RGZ) - Republic Geodetic Authority: Responsible for
geodetic and property affairs, in accordance with the Law on State Survey and Cadastre.
4. Uprava carina - Customs Administration: Responsible for customs control and
enforcement of customs laws and regulations.
5. Uprava za agrarna plaćanja - Paying Agency for Agriculture: Responsible for
implementing agricultural policies and managing agricultural payments, in accordance
with the Law on Agriculture.
If you have an unresolved issue with the Environmental Protection Agency (EPA) in the USA,
you can file a complaint or request for review with the EPA's Office of Inspector General (OIG).
The OIG is an independent office within the EPA that investigates complaints and conducts
audits and evaluations to ensure the EPA is operating efficiently and effectively.
Here's an example of how you might write a complaint to the EPA's OIG:
**[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
Office of Inspector General
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Subject: Complaint Regarding [Nature of the Issue]
Dear Sir/Madam,
I am writing to file a formal complaint regarding [nature of the issue, e.g., lack of enforcement of
environmental regulations, mishandling of a specific environmental issue, etc.]. Despite previous
attempts to resolve this matter with the EPA [provide details if applicable], the issue remains
unresolved, and I believe it warrants further investigation.
[Provide a detailed description of the issue, including relevant dates, names, and any supporting
documentation you may have.]
I respectfully request that the Office of Inspector General investigate this matter and take
appropriate action to address it. I am available to provide any additional information or
assistance that may be required.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
