Administrative law is the branch of public law that concerns the activities of all the administrative agencies of governments. These government agencies can be responsible for the decisions made in a wide variety of activities including, but not limited to, police law, international trade, environment, immigration, and transportation. Administrative law dictates the way in which courts can review decisions made by administrative agencies in these areas of interest.
In the United States, the scope of administrative law essentially includes the prevention of five fundamental issues. Firstly, the regulation in question must be neither an unconstitutional delegation of power, nor may it explicitly deny authority. Furthermore, the regulation must be based on factual findings and is aimed to serve the public's interests. Finally, the regulation must be well inside the agency's own statutory purpose.
Similarly, in Canada, the administrative law gives the courts powers to limit the ability of administrative decision makers. Here the courts are primarily concerned with substantive review and review of the procedural process. In substantive review, courts will determine the validity of the administrative decision maker's content. On the other hand, review of the procedural process is concerned with the way in which a decision was made; it is primarily responsible for upholding the rights to be heard and the rights to be judged impartially.© BrainMass Inc. brainmass.com February 25, 2020, 4:27 pm ad1c9bdddf