Administrative law

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es:Derecho administrativo Administrative law is the body of law which regulates the actions (such as rulemaking) of administrative agencies of government. It is a considered a branch of public law. Administrative law as a body of law deals with the decision-making of administrative tribunals or boards that are part of a state regulatory scheme in the areas of international trade, manufacturing, the environment, taxation, broadcasting, immigration and transportation to name a few areas of regulation.

Administrative law: common law countries

Generally speaking most countries that follow the principles of English common law have developed principles of judicial review that limit the reviewability of decisions made by administrative law bodies. Often these doctrines are coupled with legislation or other doctrine that sets down standards for proper rulemaking.

Administrative law may also apply to review of decisions of so-called quasi-public bodies such as not-for-profit corporations, disciplinary boards and other decision-making bodies that effect the legal rights of members of a particular group or entity.

While administrative tribunals are often governed by governmental bodies, their decisions are often reviewable by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada).

The basis of this review by the courts may be limited to certain questions of fairness or the procedures that insure that both sides of a dispute are treated equally before any decision making occurs or that the decision is not patently unreasonable (under Canadian law) or Wednesbury unreasonableness (under British law) or arbitrary and capricious (U.S. Administrative Procedures Act and New York law).

These powers of review of administrative decision, while often governed by statute were original developed out of the royal prerogative writs of English law such as the writ of mandamus and the writ of certiorari.

United States

In the United States legal system, many administrative bodies are organized under the executive branch of government, rather than the judicial or legislative branches. However, there are many important and powerful administrative bodies are often creatures of statute created by the legislature as independent agencies.

Administrative law in civil law countries

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France

In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort.