Administrative Law and Procedure

Administrative law is the body of law that allows for the creation of public regulatory agencies and contains all the statutes, judicial decisions, and regulations that govern them. It is the body of law created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. Administrative procedure constitutes the methods and processes before administrative agencies, as distinguished from judicial procedure, which applies to courts.

The Administrative Procedure Act governs the practice and proceedings before federal administrative agencies. The procedural rules and regulations of most federal agencies are set forth in the Code of Federal Regulations.

Administrative law seeks to limit the powers and actions of agencies and fix their place in our scheme of government and law. It contrasts with traditional notions that the three branches of the U.S. government must be kept separate, that they must not delegate their responsibilities to bureaucrats, and that the formalities of due process must be observed.

Combining the three functions of government allows an agency to tackle a problem and get the job done most efficiently.

Although administrative agencies have existed since the founding of the United States, the early twentieth century saw a growth in the number of agencies designed to deal with new problems. During the Great Depression, new agencies sprang up to meet economic challenges. In 1939, President Franklin D. Roosevelt appointed a committee to investigate the need for procedural reform in the field of administrative law. Although the report of that committee was not enacted into law, a later version of it was enacted in 1946 when Congress unanimously passed the Administrative Procedure Act. The act made the methods used by agencies more fair so that there would be less reason to object to them; it also limited the power of the courts to review agency actions and overturn them.

4. Match the following English and Russian equivalents:

1) powers	a) проблемы, вызовы
2) to tackle a problem	b) создавать
3) challenges	c) честный
4) fair	d) необходимость
5) notion	e) полномочия
6) to create	f) воплотить
7) need for	g) понятие
8) to implement	h) затрагивать проблему
9) branch of power	i) возражать
10) to object	j) ветвь власти

5. Supply the missing prepositions:

1. Administrative law is the body ___ law that allows the creation ___ public regulatory agencies.

2. Administrative procedure constitutions the method and processes ___ administrative agencies as distinguished ___ judicial procedure ___ courts.

3. The rules and regulations ___ most federal agencies are set ___ the code ___ federal regulation.

4. The system ___ checks and balances is designed to keep any branch ___ exercising too much power.

5. The act made the methods used ___ agencies more fair so that there would be less reason to object ___ them.

6. Translate the sentences into Russian. Pay attention to the Passive Voice of the verbs:

1. It contrasts with traditional notions that the three branches of the US government must be kept separate.

2. The formalities of due process must be observed.

3. They are frequently created by the legislature and are sometimes placed in the executive branch.

4. Although the report of that committee was not enacted into law, a later version of it was enacted in 1946.

SPEAKING

Discussion:

6 Can you follow the system of checks and balances in American administrative law?

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