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What kind of legislation creates most administrative agencies?
Most administrative agencies are created through enabling legislation, which is a specific type of statute passed by the legislature. This legislation outlines the agency's purpose, powers, and responsibilities, granting it the authority to create rules and regulations within its designated area. Enabling legislation often includes provisions for oversight and accountability to ensure the agency operates within the law.
What does APA stand for in administrative law?
APA stands for the Administrative Procedure Act. It is a federal statute that governs the processes by which administrative agencies of the United States government may propose and establish regulations.
What type of law is the case Loving v Virginia case based upon statute law amendment or administrative law?
Loving v. Virginia is a Supreme Court case that found the Virginia statute prohibiting interracial marriages to be unconstitutional.
What takes priority State Constitution or State Regulations?
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
What effect statute law may have on common law?
What effect statute law may have on common law principles existed prior to the statute?
How would you explain Germany's enabling act?
The enabling act meant that Hitler could pass any law. This act was passed on the 23rd of march 1933
Is Mail Fraud Law a Statute law Or a Substantive Law?
Statute law.
How long does a inmate stay in the hole at a county jail?
If the "the hole" refers to solitary confinement - it is at the discretion of the jail authorities - it is an "administrative" punishment and not subject to law or statute.
How does an administrative agency gain the necessary powers to enact rules and regulations?
Administrative agencies come into being through what's called an "organic statute," which is the statute that creates the agency. This statute will specify the agency's mission, and, beyond the default rules of the Administrative Procedures Act, what powers the administrative agency has. You will know what the "organic statute" is because agencies have to cite the law that provides a basis for their authority to regulate whenever they issue a regulation. Thus, they will always cite to this statute. Because Congress creates the administrative agency, courts will look primarily to the intent of Congress when there is dispute over a particular agency's power. The power of administrative agencies is also bound by the U.S. Constitution, which calls for a separation of powers between the three branches and vests all lawmaking power in the legislature.
What has the author David J Mullan written?
David J. Mullan has written: 'Rule-making hearings, a general statute for Ontario?' -- subject(s): Administrative procedure, Citizen participation 'The Federal Court Act' -- subject(s): Canada, Canada. Federal Court, Judicial review of administrative acts 'Administrative Law - Canadian Law edition'
What is another name for administrative law?
Another name for administrative law is regulatory law.
What do the initials ALJ represent in the administrative law arena?
administrative law judge
