Introduction to Public Law and Administrative Law

Public law is a broad category of legal disciplines that govern the relationship between individuals and the state. It includes constitutional law, administrative law, environmental law, international law, and criminal law. Much of the law made by Congress falls under public law, which affects the entire society. In contrast, private law primarily deals with individual or private interests, affecting individuals, families, or small groups in their interactions with each other. Public law not only deals with interactions between citizens and their government but also between different branches of government.

Public Law: Concept and Scope

Public law encompasses laws that regulate governmental actions and the rights and duties of the citizenry in relation to the government. For example, when an individual:

buys property and seeks to build a house, complying with building codes established to ensure public safety and welfare

wants to drive on public streets, which requires adherence to traffic laws and vehicle registration and licensing requirements

enforces societal norms against abusive practices, which may involve societal intervention in areas such as child protection and care

These activities fall under the purview of public law as they directly concern the public welfare and safety.

Administrative Law: A Subcategory of Public Law

Administrative law specifically focuses on the rules, regulations, and procedures established by government agencies to govern the conduct of public business. It is often considered a subset of public law, as it deals with the implementation and enforcement of laws by administrative agencies rather than the judiciary or legislature.

Types of Government Agencies and Their Regulatory Powers

Examples of such agencies include:

Administrative Agencies: These agencies, such as the Food and Drug Administration (FDA), the National Labor Relations Board (NLRB), and the Environmental Protection Agency (EPA), are granted powers to regulate specific sectors of society. The Nuclear Regulatory Commission (NRC) oversees nuclear safety regulations, and the Environmental Protection Agency (EPA) regulates environmental protection.

Independent Agencies: These agencies have unique powers not derived directly from the Constitution. They operate based on statutory authority granted by Congress. Common examples include the Federal Communications Commission (FCC) and the Commodity Futures Trading Commission (CFTC).

The Legal Framework of Administrative Law

The distinction between public law and administrative law is often blurred because administrative agencies operate under a complex legal framework. Article 1 courts and Article 3 courts operate differently:

Article 3 Courts: These courts have their authority directly derived from the Constitution. They interpret the law and apply it to individuals and cases.

Article 1 Courts: These courts derive their authority from Congress, which passes legislation enabling agencies to establish their structures and powers. While the Constitution allows Congress to create these agencies, the power of these agencies is regulated through administrative proceedings and hearings.

The layers of authority in administrative law ensure that the application of laws is fair and consistent, reflecting the will of the legislature but also the practical needs of governance.

Key Concepts in Administrative Law

Administrative law addresses the administrative actions taken by government agencies in implementing laws. Key concepts include:

Legislative Delegation: Congress grants agencies the authority to implement laws through regulations, often referred to as legislative delegation. This allows for the detailed application of laws without requiring constant legislative intervention.

Compliance and Enforcement: Agencies enforce laws and regulations, ensuring that citizens and businesses comply with established standards. This includes issuing licenses, inspecting facilities, and penalizing non-compliance.

Administrative Hearings and Proceedings: When citizens are affected by administrative actions, they may contest these decisions through administrative hearings. These processes provide a structured way to resolve disputes and ensure fairness.

Administrative law thus ensures that the application of public laws is systematic, fair, and efficient, aligning the actions of government agencies with the intent of the legislative framework.

Conclusion

Administrative law plays a vital role in the administration of public laws. It manages the complex task of implementing and enforcing laws through government agencies, ensuring that individual rights and public interests are balanced. By understanding the intricate relationships between Congress, agencies, and the public, we can appreciate the significant impact of administrative law on public governance and welfare.