Public administration Unit 8 responses

1. The traditional cornerstone of administrative law are “the independent regulatory agency, a uniform administrative procedure law, substantial evidence judicial review, and comment ruling,” (Rouse, Meyer, Noem Geerts, 2016, pg 315). The independent regulatory agency is a misnomer and emerged from the American constitutional provision of separation powers. There are three types of regulation, old-style economic, social, and subsidiary. Due to the Great Depression, these three regulations created the “Federal Deposit Insurance Corporation (FDIC), Tennessee Valley Authority (TVA), Federal Communications Commission (FCC), Securities and Exchange Commissions (SEC), National Labor Relations Board (NLRB), and Civil Aeronautics Board (CAB),” (Rouse, Meyer, Noem Geerts, 2016, pg 316). In 1946, the Administrative Procedure Act came into effect which brings standardization to administrative practices and procedures and the public has access to it. “Judicial review permits judges to scrutinize allegedly illegal administrative actions. Judicial review, as a basic right, rests on the congressional grant of general jurisdiction under Article 3 of the U.S Constitution. The rule-making procedure as known as the notice and comment ruling guides the subsequent application of policy, and, it is argued, clear rules promote fairness. Rulemaking is also a forceful, efficient, yet democratic way for agencies to implement their mandates. It is a more rational means of policy making than adjudication, because adjudication is reactive and potentially disjointed. Rulemaking is more comprehensive, facilitating planning and coordination. The contemporary cornerstone of public administration are the public participation in the administrative process, administrative process in informal and discretionary governmental activity, and the evolving definition of the mission of administrative agencies and development of effective oversight of their activities,” (Rouse, Meyer, Noem Geerts, 2016, pg 316).

2. According to the text book, "The traditional cornerstones of administrative law are the independent regulatory agency, a uniform administrative procedure law (Administrative Procedure Act, 1946, as amended), substantial evidence judicial review, and notice and comment ruling. The independent regulatory agency, as a descriptive concept, is a misnomer. All agencies are, in unique ways, dependent directly upon the executive and legislative branches of government and indirectly upon the judicial branch. The development and enactment of a uniform administrative procedure law is the second traditional cornerstone of administrative law. The APA brought order from chaos. Unless they can find a justifiable exception, agencies must follow the fundamental outlines of APA's broad and general statue. Judicial review is the third traditional cornerstone of administrative law. Substantial evidence review is a dominant feature of administrative practice and procedure. The rule-making procedure (notice and comment ruling) constitutes the fourth and final traditional cornerstone of administrative law. Rule making is also a forceful, efficient, yet democratic way for agencies to implement their mandates".

3. Administrative law is “the independent regulatory agency, a uniform administrative procedure law, substantial evidence judicial review, and comment ruling.”. “Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state). Agencies are delegated power by Congress (or in the case of a state agency, the state legislature), to act as agencies responsible for carrying out certain prerogative of the Congress”(Kim 2017). The contemporary cornerstone of public administration is public participation. It is an advanced guide for leaders and policy makers in the public arena. It was created to enhance the accountability, efficiency, and responsiveness of companies, expanding the influence of their work and allowing effective implementation. It is an important in order to better serve the public.

4. The traditional cornerstones of administrative law are independent regulatory agency, a uniform administrative procedure law, substantial evidence judicial review, and notice and comment ruling. All agencies are, in unique ways, dependent directly upon the executive and legislative branches of government and indirectly upon the judicial branch. The independent agencies as they are called, emerged from the American constitutional provision of separation of powers. The development and enactment of a uniform administrative procedure law is the second traditional cornerstone of administrative law. Judicial review is the third traditional cornerstone of administrative law. The rule-making procedure (notice and comment ruling) constitutes the fourth and final traditional cornerstone of administrative law. Contemporary pressing demands call attention to new cornerstones of administrative law. The administrative process in formal and discretionary governmental activity is a second contemporary cornerstone. The development of procedural law to cover persons in public institutions, aliens, and the governance of educational institutions emphasizes the broadening development for protecting the rights of citizens. A third and final contemporary cornerstone of administrative law is the continuing definitions of the mission of administrative agencies and development effective oversight of their activities. 

5. The traditional cornerstones of administrative law are:

1. Independent regulatory agency- all agencies are dependent directly on the executive and legislative branches of government and indirectly on the judicial branch. These independent agencies came from the American constitutional provision of separation of powers. 

2. Uniform administrative procedure law- the Administrative Procedure Act of 1946 brings standard administrative practices and procedures and public access to those procedures. 

3. Substantial evidence judicial review- substantial evidence allows courts to rule on the merits of an agency and judicial review allows judges to scrutinize illegal administrative actions.  

4. Notice and comment ruling- rulemaking is an efficient yet democratic way for agencies to implement their mandates.

The contemporary cornerstones are public participation in the administrative process, administrative process in informal and discretionary governmental activity, and the mission of administrative agencies and development of effective oversight of their activities.