Administrative law

TEXT 1

Read the text paying special attention to the most important definitions.

I. Warming up

Read the summary and choose one of the points for discussing in detail.

V. OVER TO YOU

A constitution performs the following functions:

a. it establishes institutions of government,

b. it defines the powers of the institutions of government,

c. it prescribes the circumstances in which a power can be exercised

d. it specifies procedures to exercise the power legally and effectively.

2. The suggested topic for further discussion:

How does the existence of the constitution confirm the words of Abraham Lincoln: “No man is good enough to govern another man without that other’s consent”?

 

Unit 3 Administrative Law Section 1 The Nature of Administrative Law

1. Answer the following questions:

 

1) What sphere of law does the administrative law belong to?

2) What is the main task of administrative law?

3) What administrative bodies can you think of?

2. Match the following English words and expressions with their Ukrainian equivalents:

 

1 1 1 rulemaking aa винесення судового рішення
adjudication bb Урядові установи
regulatory agenda cc оподаткування
taxation dd нормотворчість
government agencies fe Судовий перегляд
judicial review ff суттєвий для оцінки
vital in appreciating fg регулятивна програма

 

 

3. Divide the following words into two groups:

1) those in which the letter g is pronounced as [g],

2) those in which the letter g is pronounced as [dз].

Agencies, government, regulatory, agenda, general, legal, encouraging, legislative, immigration, adjudicate.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.

Rulemaking is an agency process for formulating, amending, or repealingarule. A rule in turn is the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy.

Adjudication is an agency process for the formulation of an order. An order in turn is the whole or part of a final disposition of an agency in a matter other than rule making but including licensing.

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 national regulatory scheme in such areas as police law, 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.

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).

Judicial review of administrative decision, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. This difference is vital in appreciating administrative law in common law countries.