chapter8 Administrative Agency

Cont… Administrative law involves a challenge to the exercise of power by the executive government. For this reason, it is necessary to look at the composition and powers of executive government, and at how they exercise their powers when they take action or make decisions.

Cont… In practical terms executive government interferes in our lines and their actions affect our lives in many ways. When we venture on a certain business, we have to acquire a relevant permit and license before commencing our business.

Cont… Even after we comply with such requirement, a government inspector sent by the relevant agency enters into our premise without court warrant and can conduct investigation. The food and other household provisions we buy are subject to regulations. In work areas the jobs we do, and the premises on which we work are subject to licensing approvals and permits.

Cont… As we are paid, we are subject to requirements as to tax. When we are ill, we seek medical treatment in health system subject to a high degree of government regulation. This brief reference shows clearly that government intrudes into our lives in many ways..

Cont… Administrative agencies make individual decisions affecting citizens‘ lives and they set general policies affecting an entire economy through they are usually headed by officials who are neither elected nor directly accountable to the public.

Cont… Under this chapter we will have a deeper look at the nature, purpose and scope of power of the administrative agencies. The growth of the administrative law to large extent may be identified with the proliferation of administrative agencies, not only in number but also in power and function.

Cont… Hence, the study of the administrative law is greatly interrelated with the study of the agencies, that shape the administrative process.

Nature of agencies There is hardly any function of modern government that does not involve, in some way, an administrative agency. The 20th century has witnessed an unprecedented proliferation of agencies with varying size, structure, functions and powers charged with the task of day – to- day governing.

Cont… Their existence and growth have been the typical characteristics of the modern administrative state (welfare state.) For this reason, they have been responsible for the expansion and development of administrative law greatly influencing its content, scope and future.

Cont… In the broadest sense, administrative law does not involve the study of how those parts of our system that is neither legislature nor courts make decisions. It is concerned with the study of the procedures, powers and control mechanisms of the administrative agencies.

Meaning of Administrative Agency Agencies may be defined as governmental entities, although they affect the rights and duties of persons are neither courts nor legislatures.

Cont… For one thing it is true that agencies are not located within the legislative or judicial organ of the government. Although they are within the executive branch, most of them are not mainly accountable to the executive branch. The term executive branch of government is used either to refer to the president (e.g. in U.S.), or the prime minister and the council of ministers.

Cont… “An agency is any department, board, commission, division, office, council, committee or officer of the state or a public benefit corporation or public authority at least one of whose members is appointed by the governor, authorized by law to make rules or to make final decisions in adjudicatory proceedings.

Cont… Generally speaking, we may identify two important elements in distinguishing whether a certain government entity is an administrative agency or not. Firstly, the nomenclature may be indicative of the status of an entity as an agency. Most agencies have names like department, authority, commission,etc;…

Cont… Secondly, the government entity should be empowered to legislate (through delegation), or adjudicate individual cases, in addition to its merely executive functions. Generally, an entity is an agency if it has authority to take a binding action.