Administrative Law Assignment 2
Preface
Many people ponder on who is responsible for supervising the governing bodies in the
agencies of the United States that enforce policies and regulations. According to Akers (n.d.)
elected legislators in the branch create laws the executive branch enforces the laws. The elected
lawmakers Implements them and the judicial branch ensures they comply with the constitution
and uphold fundamental principles. Administrative law falls under the jurisdiction of the
executive branch overseeing and regulating the actions of officials, across government entities
tasked with implementing laws and overseeing supremacy operations on a daily basis. In this
passage we will explore Administrative Law, Administrative Procedures and the Bureaucratic
division, all while exploring many real time agency issues.
Defining Administration
Dresang (2017) suggests that the core of law lies in management (p. 139). At levels of
government laws and regulations are used to oversee governmental agencies. Public
administrators, formally or informally tasked with developing policies play a role in what
Dresang (2017) refers to as an administrative state (p. 139). For example think about how the
federal government establishes agencies, like the FDA to monitor the quality of products such as;
human and veterinary drugs, vaccines, food supplies, cosmetics and dietary supplements to name
a few. When the government creates these monitoring agencies their success greatly depends on
the skills and leadership of the agency’s administrators and officials. Congress or state
legislatures give these agencies the power to enforce laws. According to Dresang (2017) while
broad laws are passed administrators are responsible for working out the details (p. 139).
Administrative law covers the rules, procedures, legislation, policies and laws that regulate
Administrative Law Assignment 3
government agencies with the goal of increasing transparency. Coglianese (2015) argues that
administrative law limits directs the actions of officials in government bodies in charge of
implementing laws and overseeing governance operations on a daily basis (p. 2).
Administrative Procedures Act (APA)
The increase in government agencies and their enforcement of regulations impacting
facets of life has led to public confusion due to the absence of clear guidelines on timing,
procedures and appeals processes. Dresang (2017) points out that the Federal Administrative
Procedures Act (APA) was developed in response to this confusion aiming to standardize how
agencies create rules for implementing laws and handling appeals (p. 140). Additionally the APA
does not set rules for governing and executing policies, but also offers directions for judicial
review. While administrative law mainly falls under the executive branch (Akers, n.d.) it also
intersects with the executive branch. As Dresang (2017) explains, administrative regulations hold
significance allowing authorities to levy fines or revoke licenses emphasizing obedience to the
APAs rigorous rule making criteria (p. 141). In addition to these policy making requirements are
administrative law judges for settling disputes between agencies and affected parties (Dresang,
2017 p. 141). Dresang (2017) argues that the simplicity of the APA implies that complying with
its provisions will safeguard interest by default. Nonetheless he acknowledges the difficulty of
balancing efficiency with rigor (p. 141).
The Bureaucratic Division
For a time people viewed law as a field of solidity and consistency believing that while
constitutional law might change administrative law remains constant. Throughout history the
connection between law and government has been closely linked together. Governments would
create agencies to regulate concerns out of necessity and this creation often implied an
Administrative Law Assignment 4
expectation of loyalty to the governing authority to a family structure. According to Napolitano
(2014) public administrations naturally serve interests. Structurally dependent on the executive
branch. In democracies political influence is usually exercised cohesively by both the executive
branches. However, in systems like that of the United States, where Congress and the president
may have differing political visions and compete for control in administrative matters conflicts in
administrative law can emerge (Napolitano, 2014). Constitutional processes and legal
requirements offer oversight over the operations of governing agencies. Metzger (2015)
highlights that courts often do not consider aspects of agency functioning in their review or,
within administrative law principles.
As a result, key aspects of agency operations such as; planning, evaluations, supervision,
management techniques, financial planning, staff policies and the use of contractors are typically
entrusted to the field of administration. The growing disparity between the regulations governing
administration and the practical implementation within government is causing concerns as it
twists perceptions of how agencies operate and the significance of management. Administrators
often find themselves handling responsibilities and ensuring compliance under the supervision of
authorities. The lack of intervention in rectifying declining practices implies an acceptance of
performance. While some argue that agencies are monitored and regulated many contend that the
Administrative Procedure Act (APA) provides a framework for this oversight. Nevertheless, as
noted by Metzger (2015) the APA primarily focuses on controls mandated by laws interpreted by
courts while agencies themselves establish and enforce procedures that receive attention in
administrative law. These inherent deficiencies within systems contribute to the notion of a
widening gap in matters.
Administrative Law Assignment 5
In Biblical Terms
In biblical terms, administrative law can be viewed as the principles and
regulations set to govern the authorities that maintain the order and justice within our society and
systems. Matthew 22:21 (NIV) states that “So give back to Caesar what is Caesar’s, and to God
what is God’s.” Jesus words affirm the concept of respecting and abiding by the laws and
regulations of secular authorities, while also recognizing the higher authority of God and His
divine laws”. In retrospect, when implementing administrative law, do so with integrity,
promoting order and justice for the common good of society and God’s word so that his people
can live in harmony and righteousness.
Conclusion
Government agencies hold power over people’s lives and various industries. They
are often run by individuals who do not have direct responsibility to the public through elections
or other forms of oversight. One of the issues in studying decision making is to evaluate it based
on democratic values (Coglianese, 2016 p. 3). Public administration, which is responsible, for
maintaining stability and order covers a range of social aspects. Understanding this diversity
helps in grasping the ever changing nature of administrative law regulation highlighting the
difficulties faced in research on this topic (Ospanova et al., 2017 p. 1).
According to Coglianese (2016) the future of law relies on improving our understanding
of how legal structures and institutions can uphold political and social values, within government
settings. As public administration moves towards the approaches endorsed by New Public
Management (NPM) and New Public Service (NPS) administrative law needs to progress.
Administrative Law Assignment 6
Cassese (2012) highlights that this development introduces an area of study for law scholars
diverging from conventional vertical models.
Governments are now leaning towards involving the public in decision making than
sticking to traditional hierarchies. This new approach focuses on sharing responsibilities among
administrators engaging the public and promoting collaboration within organizations. According
to Cassese (2012) detailed procedural rules are crucial to foster cooperation and accountability in
agencies. As a result administrative regulations now place importance on frameworks. The
harmony between law and government practices is vital to ensure compliance with standards.
Cassese (2012) suggests that promoting cooperation joint decision making, mutual accountability
and transparent procedures like notifications, hearings and reasoned decisions can bridge gaps. In
this changing landscape the procedural aspect of law requires a perspective where adherence to
procedures is prioritized over administrative decisions.
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References
Akers, S. (n.d.) Public administration and administration law. [Video]. Liberty University Online
Cassese, S. (2012). New paths for administrative law: A manifesto. Oxford University Press,
New York, NY. Vol. 10 No. 3, p. 603–613.
Coglianese, C. (2016), "Administrative law: The U.S. and beyond" Faculty Scholarship at Penn:
International Encyclopedia of Social & Behavioral Sciences .Paper 1656
https://scholarship.law.upenn.edu/faculty_scholarship/1656
Dresang, D. (2017). The public administration workbook. New York, NY. Routledge.
“Matthew 22:21 NIV - - Bible Gateway.” Www.biblegateway.com,
www.biblegateway.com/passage/?search=Matthew+22%3A21+&version=NIV.
Mezger, G. (2015). Administrative law, public administration, and the administrative conference
of the United States. Liberty University Online. Retrieved from:
http://www.gwlr.org/wpcontent/uploads/2015/11/83-Geo-Wash-L-Rev-1517.pdf
Napolitano, G. (2014). Conflicts and strategies in administrative law. International Journal of
Constitutional Law, Vol 12 (2), p. 357–369.
Ospanova, D., Kussainov, D., Suleimanov, A., Kussainova, A., Bilsheyeva, R. (2017). Problems
of administrative law in the system of public administration. Journal of Legal, Ethical and
Regulatory Issues.Vol. 20 (2)
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