Administrative Law Midterm Terms

created by congress to carry out enforcement of an industry and to create their own rules for regulating an industry...agencies are given power by certain statues written by congress...."official government body empowered with the authority to direct and supervise the implementation of particular legislative acts." Types of agencies: Executive agencies and Independent agencies

is specific to making sure the separation of powers is upheld... does not prevent congress from obtaining assistance from coordinate branches.... holds that Congress may not transfer to another branch "powers which are strictly and exclusively legislative" but may delegate on executive agencies discretion to implement and enforce laws, so long as Congress has provided an "intelligible principle" to which the agency must conform.

Chief mechanism by which we cope with shortcomings of administrative governance, Empowers and limits admin gov; it is designed to correct and control admin state, but is also its key sources of legitimacy (such as it has), Enables administrative behavior, regulation - but also puts limits on it

is a type of regulation, they are produced by adjudication. means the whole or part of a final disposition of an agency in a matter other than rulemaking..."adjudication" means agency process for the formulation

defines what an agency is: any government entity with "the power to determine private rights and obligations" by rulemaking or adjudication. This is the only legislation that rules every branch of government. United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. also sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law, Three broad themes: Information, Participation, and Accountability

a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts

a system of government in which most of the important decisions are made by state officials rather than by elected representatives. Refers to a complex organization that has multilayered systems and processes.

Rule issued by an authority that regulates everyone to change/influence/guide behavior

Law that emerges from judges' decisions in past cases. Also is notably a legacy of our colonial past. Important in admin law because judges have to figure out how to resolve cases even when there is no clear guidance from statute

Substantive law made by bureaucracies that is created by the organizations, people, and processes that are governed by admin law

broadly good according to Justice Steven. prodemocratic - federal judges don't have any constituencies, while congress does, and we should follow what they do by allowing the agencies to do what they want because it is as indirect result of elections and allows for change within politics. deferring to the agency, discretion lets agencies interpret their own power by deciding what a statute means. Agencies are more democratic than the courts, so for courts to defer to agencies. Congress leaves it open to the agency because congress can't make up its mind or doesn't know what to do...but it also allows for flexibility which congress may have intended.

means the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy as defined by the apa. "rulemaking" means agency process for formulating, amending, or repealing a rule

lets agencies or the supreme courts justices interpret what their own power is according to the statute congress wrote for the agency. Discretion and delegation fit together because the enabling statute is interpreting the statute given to them, might undercut the intelligible limiting principle, shows up at the statutory and not constitutional level. Through chevron, court says that they are going to defer to agencies because it is democratic instead of appointed judges, can be pushed around by president and congress

describes a system of gov where officials are limited by laws (no one is above the law). The US is a rule of law system insofar as president, legislator, ect., have powers limited by law, and are subject to the law themselves

assigning power to someone else to complete a task, constitution is a delegation of power, Separation of powers

legal requirement that the state must respect all of the legal rights that are owed to a person. This balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law

"to stand by things decided", the legal principle of determining points in litigation according to precedent

creates an administrative agency and gives the agency powers for example OSHA was created by the Occupational Safety and Health Act of 1970

Laws passed by legislatures. Examples? Civil rights act, Ada act, Clean air and water act. Important in administrative law because agencies are created, empowered, and regulated by these.

exercised by a legislature nullifying or reversing an action, decision, etc., of the executive branch; A practice whereby Congress grants the president the discretionary authority to take actions or make policy, but retains the right to cancel such presidential actions if Congress has objections to them, The authority of Congress to block a presidential action after it has taken place.