question
what is administrative law?
answer
-developed to regulate the application of government power, to curb unwarranted agency discretion, and to vindicate party rights
-the body of procedural "due process" requirements that governs the regulating activities of government agencies
-the body of procedural "due process" requirements that governs the regulating activities of government agencies
question
focus of contemporary model
answer
fair representation and interest balancing
question
solution of contemporary model
answer
convert regulatory rule-making process into a 2nd legislature in-miniature
question
a new model of administrative law
answer
-to contain agency discretion and legitimate government coercion agencies must:
1. Provide access and consideration to all public interests
2. The administrator as politician: mediator/interest balancer
1. Provide access and consideration to all public interests
2. The administrator as politician: mediator/interest balancer
question
transformation in rationale of the contemporary model
answer
the function is no longer simply to repel unauthorized intrusions upon the private rights of business but rather to ensure the fair representation of all interested parties with stake in the decision process
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