US Administrative Law
Administrative law in the United States regulates public relations arising from the exercise of authority by public institutions, the order of their activities, as well as relations arising in the judicial control of the administration. Particular attention is paid to the legal regulation of the implementation of external functions of public administration, rather than the intra-organizational aspect.
Sources of the norms of administrative law are constitutions, laws, judgments and acts of administrative institutions.
The norms of administrative law govern relations related to the passage of civil service and service in the structures of local self-government.
Administration in the United States is an institution that performs internal organizational management, consisting of: 1) federal administrative institutions; 2) administrative institutions of states and institutions of local self-government. Each state is divided into counties and municipalities (institutions of local self-government)
The regulation of administrative activities is reduced to two forms: a) the development and adoption of regulations; b) consideration of individual cases of specific persons and making decisions (individual acts).
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Adoption and enactment of administrative acts in the United States are carried out in formal and informal ways that ensure and guarantee the rights and legitimate interests of citizens.
According to Amendment No. 1 to the Constitution, US citizens have the right to formally apply to the Government with a petition to stop abuses in administrative institutions. Within 30 days, the Government must answer on its merits, either reject the petition or take it to the hearing, i.e. determine the time, place and nature of the normative procedure for its consideration.
Since the end of XIX century. administrative legal acts in the United States began to be published. There was an independent, multifunctional extrajudicial, i.e. administrative activity. Particular importance in the organization of management activities of American institutions is given to the administrative procedure and, in particular, the principles of transparency and accessibility of the administrative process. Administrative procedural rules establish the procedure for responding to a request of an individual to an institution. In order to simplify the consideration of issues for the court, pre-trial meetings and consultations are widely used.
Of particular importance is judicial control over decisions and actions of administrations of institutions, carried out in two forms: 1) statutory (legal); 2) non-statutory - mostly unlawful orders of the administration.
Priority in US administrative law is given to the issues of administrative and legal regulation of the status of institutions and their officials in the performance of their management functions and tasks, judicial and public control over the activities of the administrations of institutions.
US administrative law covers a wide and diverse field of legal practice, various types of state legal procedures and rules. The Law on Administrative Procedures is a guideline for federal government bodies. Most states have their own laws for their government, which clarify and clarify rules and regulations, as well as procedures for those who express dissatisfaction with the activities of state institutions or the decisions they make.
The state structure of the United States in general and for administrative law in particular is characterized by the supremacy of the federal constitution, which consolidates the division of powers between the three branches of power: legislative, executive and judicial. Courts with the constitutional power to finally resolve all controversial legal issues are controlled by the other two branches of government in all matters relating to law. This led to their exceptionally strong positions in the public administration system.
US administrative law regulates the powers and procedures for the operation of administrative institutions, the control of courts over the administration, and administrative rulemaking; administrative quasi-judicial activity.
The main participant in the American administrative process is not the institution, but the private person, his rights to participate in this process and the opportunities that are given to this person and his lawyer to protect his interests. Therefore, the questions of procedure are dominant in US administrative law.
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The legislative activity of legislatures (representative (legislative) organs of individual states) played a large role in the creation of US administrative law.
In order to unify the administrative practice in the middle of the last century, the USA adopted the Law on Administrative Procedure, included in the first part of the Code of Laws. The provisions of this Law concerning the publication of administrative documents and the access of citizens to the materials of institutions were later extended considerably by the following laws: On Freedom of Information of 1967, On the Inviolability of the Privacy of 1974, etc. In 1966, Congress codified the fifth section of the US Code of Laws , called "Government Organization and Employees", consisting of three parts: "Institutions in general"; & quot; Civil Service Management & quot; and & quot; Employees & quot ;. It is almost entirely devoted to institutions in the system of executive power, including administrative ones. Among other laws on administrative law, mention should be made of the Federal Law on Claims from Harm in 1946, which provides for the property liability of the federal treasury for the harm caused by the unlawful actions of civil servants.
Important administrative law sources include administrative regulations. By their number and volume, they significantly exceed both laws and judicial decisions.
The main legislator, which takes the most significant normative acts, is the president, who approves executive orders and reorganization plans adopted on the basis of reorganization laws and amending the current legislation. Reorganization plans often significantly reform the system and structure of government bodies.
Federal departments and agencies issue normative acts in the form of orders, instructions, production rules and procedures, etc.
At the federal level, the system of executive bodies includes the president, departments, government corporations, independent agencies and other institutions.
According to the Constitution, the executive power is entrusted to the president, who together with the Congress forms the executive branch: creates federal institutions, appoints heads of departments, heads of independent departments and government corporations and other top officials, directs their activities. The President is delegated extensive normative powers, including those with which he can change the legal status of individuals. Many of them are sub-delegated to the heads of departments, departments and other officials by the president.
At the federal level, there are departments: state, defense, justice, internal affairs, finance, trade, energy, transport, agriculture, housing and urban development, labor, education, health and humanitarian services, veterans.
State and defense departments are excluded from the number of administrative institutions, as they perform military or foreign policy functions. The remaining departments are classified as administrative agencies. Separate structural divisions of these departments - management, services, etc. - may also be administrative institutions if they are empowered to determine the legal status of individuals by issuing regulations and orders.
The most important of the political departments are the Commission on Civil Rights and the Federal Commission on Elections.
The economic departments include: the Federal Trade Commission and the Sales Commission for a term (designed to protect competition and fair trading practices); Federal Reserve System, Federal Deposit Insurance Corporation, Securities and Exchange Commission, etc.
Independent departments are accountable not to the president, but to the Congress, which is explained by the reluctance of the Congress to strengthen executive power by judicial powers that are vested in independent agencies, and implementation of which is impossible without a certain independence of the decision-making body.
At the same time, the president and his subordinate executive authorities have a number of indirect ways of influencing the day-to-day activities of independent agencies (sending departments of their budget projects not to the congress but to the president, control of the justice department over the management of their affairs in courts, etc.) .
Some agencies do not have normative and judicial powers that allow them to make decisions about the rights or obligations of individuals. They usually carry out research, planning, advisory, coordination, administrative-financial and other functions within the system of executive bodies (for example, the Administrative Conference, the General Services Administration, the National Aeronautics and Space Administration, the News Agency, the International Trade Commission, etc.). Are not administrative institutions and bodies that are part of the Executive Office of the President: Office of the White House; The National Security Council; Administrative and budgetary management; Economic council, etc.
Administrative institutions in the United States are the most important of all executive authorities, as they enforce political decisions, and also apply laws and other norms of law to citizens and private organizations. By issuing regulations and resolving disputes, they enforce federal law, pass decisions on the rights and obligations of specific individuals that can only be changed or canceled only by the courts. Non-administrative institutions in the system of executive power do not have direct power to direct the actions of individuals.
The head of the executive in the state is the governor. As well as in the federation, there are departments and independent departments.
In addition to the governor and the lieutenant governor, the population elects a number of other officials: the state secretary, treasurer, attorney, auditor, controller, etc. These persons are not subordinate to the governor and are actually independent. Recently, state legislatures are taking measures to strengthen the position of governors and create coordinating bodies.
The organization of local government according to the X amendment to the US Constitution belongs to the jurisdiction of the states, most of which regulate it only in the most general form. More than 40 states have stipulated in their constitutions that their legislative assemblies are not entitled to pass laws regulating local government in detail, which is expressed in greater freedom in the organization and activities of local self-government bodies, especially the city (municipal).
Currently, the states are divided into counties, municipalities (incorporated cities and villages), townhouses and taunas, school districts and special districts. The counties are designed to manage mainly rural areas. In municipal corporations, about two-thirds of the total population of the country lives. Townships and taunas that are considered as quasi-corporations exist in 20 states. The management of the districts is reduced to the performance of certain functions (education, water supply, sanitation, etc.). The boundaries of the districts are established with due regard for expediency and often without reference to the boundaries of other types of districts and to the boundaries of other territorial units.The beginning of the modern civil service in the United States at the level of the federation was laid down by the Civil Service Act of 1883, which established a special body - the Civil Service Commission, which later became an independent agency in the executive branch.
In the United States, there is a complex detailed classification of jobs and posts, depending on the relative complexity of responsibilities and responsibilities, to which labor rates are closely tied. Employees falling under the jurisdiction of the Office of Personnel Management are divided into several categories (steps). Their salary is comparable to the payment of appropriate labor in the private sector. They are covered by the social security system for sickness, have the right to old-age pensions (from age 50) and disability, can set up their own trade unions, conclude collective agreements with the administration, participate in decisions affecting their interests. However, the rights of employees to strike are limited. Political rights are also limited, as officially employees should be politically neutral.
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