An Introduction To Administrative Law
Administrative law is a subset of the law governing the activities of administrative agencies of the government. As with any other branch of law, administrative law has its own definitions, general principles, and nuances. We’ll discuss further in this post how understanding the basics of administrative law is the first step toward selecting the right administrative law textbook for you.
Administrate means "to carry out, to manage, to oversee." An agency, therefore, is an institution granted the privilege and responsibility to carry out, manage and oversee some part of government. For example, a source of executive power in a municipality—the one thing that remains constant no matter which party holds office—is the municipal department of motor vehicles.
Administrative law is the body of legal rules and procedures governing the creation of law, the implementation of that law by the executive branch of government, and the enforcement of the law. Administrative agencies create the law either by legislative power or adjudication. It is the latter source of law we will discuss here. The final form of law—rules and regulations—always has a supporting administrative record created by the board or committee submitting its findings or decision under the authority of the administrative agency. This supporting record must be preserved and is utilized by any reviewing body. One of the quintessential features of administrative law is that the administrative agency is the arbiter of fact by way of the supporting administrative record. The agency is also the administrator of the law created , as part of the executive branch.
In other words, the administrative agency literally enforces the law it creates. In some jurisdictions, this specialized branch of law is so expansive that there are even dedicated administrative law judges who serve the Administrative Procedures Act alone. These administrative law judges’ decisions may be reviewed by the jurisdiction’s supreme court, which acts as the appellate body.
A small municipality might have an administrative agency empowered by city charter to issue, deny, revoke, suspend, and appeal licenses. The city council, neighborhood council and mayor might act on the agency’s recommendations, any of which can be reassigned by the mayor or city council, depending on the city charter. Administrative law encompasses the agency’s rulemaking, enforcement and adjudication of its own rules, and review of its rules and related procedures. Examples include long-term tenant law, public health regulations, land use law, and licensing requirements and processes for doctors, lawyers, and accountants.
Essential Characteristics of a Good Textbook
When you set out to choose your administrative law textbook, you will want to consider the features that will ensure quality and up-to-date information.
Clarity and Style
Look for a textbook that is easy to read and understand. After all, the subject of administrative law can be so mind-boggling that you want your textbook to be the book that makes the light turn on in your brain, not the book that plunges you deeper into darkness and confusion.
Comprehensive Coverage
Does the textbook covers all the key topics required in administrative law? Administrative law is a very broad area of the law that touches on the executive branch agencies of the government, how delegates that authority to bureaucrats and the process by which rules and regulations are established. Above all, you want a textbook that covers the subject in depth – while you can likely find the bare bones of the subject elsewhere for free on the Web, an astute student of administrative law needs to know the depth and breadth of the materials right from the start.
Case Studies
Strong textbooks will make sure to include numerous illustrative case studies, including real-life cases where applicable. The more real-world examples your textbook includes, the easier it will be for you to grasp the core of the subject matter. Look for an inclusive case study section that allows you to see how the subject interacts with the real world.
Timeliness
It almost goes without saying that your textbooks should be no more than a few years old to be effective. Administrative law is constantly changing and evolving, which makes it a tough subject to handle. For that reason, you’ll want timely material. It’s hard to argue against the clear need for modern information on the subject.
Commonly Used Administrative Law Textbooks
There are several administrative law textbooks that are widely used and highly recommended by law students and professors alike. These textbooks provide an in-depth academic examination of the various concepts and theories of administrative law.
Law in the Modern State by Andrew Halpin is most recently published in its second edition in 2015. The textbook continues from the original 2006 edition by taking a conceptual and critical approach to administrative law as a field of scholarship. It examines the core issues of rule of law, the separation of powers, political accountability and prohibiting arbitrary power. The author discusses contemporary administrative structures and analyses the wider conceptual questions around such entities. The book weighs the designer’s choice against the pragmatic solutions and criteria for a ‘best fit’ solution where an administrative agency is required. Administrative law is conceptualised and contextualised and a critical position on contemporary and future directions is adopted.
Administrative Law by Hugh C. Beale, Michael Gill and Gwynn Davis is published in its third edition in 2011. The book is in three parts. Part one provides an overview of the administrative process, its constitutional context and its major principles. The role of administrative bodies in preparing and assisting legislation; the enforcement of legislation; the decision-making capacity of such bodies; the issue of openness and secrecy in decision-making; the problem of external control; the rights of citizens and remedies are all discussed. The new edition has been rewritten and updated throughout and incorporates recent legislation, including the Freedom of Information Act 2000, the Data Protection Act 1998 and the Regulatory Justice Act 2006. Part two of the book looks at special procedures and mechanics. Part three looks at the law which performs the function of a catch-all for matters which do not fit into the previous parts.
The book is published in 2013 as Administrative Justice in Wales and devolution. It is authored by David T. KeANE and Aled Eryl W Dyl, published by University of Wales Press. It argues that the time has come for Wales to be given responsibilities over its own democratic and public sectors and for devolution to learn from the values of administrative justice. It is the first book to identify the importance of Wales’ democracy and public sector in the context of devolution, and to call for reform.
Assessing a Textbook For Your Needs
It should be evident that a student or practitioner needs to assess whether a particular textbook is any of the following:
- appropriate for the academic level
- meets stated interests (e.g., advocacy, mediation or administrative justice, as a procedural requirement, etc.)
- has a syllabus listed on its website
- is aligned with the curriculum in use.
An additional point that an evaluator might wish to research concerns whether the writer(s) of the work under consideration are known authorities on the subject matter . You’ll need to consider opinions that are favorable and unfavorable that may be found in reviews. Even if the text under consideration seems to have all of the desirable qualities that have been mentioned, you might still wish to seek an opinion about a recommended purchase. And again, you will likely be offered the chance to purchase another item through cross promotion relative to your studies of administrative law. I hasten to add that if the second title is an administrative law book that appears to be right up your alley, you may very well make a different conclusion.
Supplementary Materials
Alongside a good administrative law textbook, a number of additional resources are available to administrative law students.
Websites
Administrative law students are strongly encouraged to supplement their study with regular monitoring of websites provided and maintained by organisations and agencies associated with the area of administrative law. Information provided on the websites of many administrative law agencies constitutes an essential information resource, particularly as many of these agencies provide the applicable law in a structured and consolidated form. Agency websites may be expected to provide links to their registers of decisions and published reasons together with other current information from that agency. The ever-changing nature of administrative law within the Australian legal system and beyond ensures that websites prepared by key organisations provide a continuous flow of up-to-date information that is intricately linked to theory and practice.
Key journals and academic conferences
An increasing number of dedicated journals provide newly published and required reading on the subject of admniistrative law. However, care must be taken to better access materials approved for reading in week-devoted classes. As the subject of administrative law is constantly evolving, students are encouraged to monitor key journals relating to administrative law. Students may also find that regular monitoring of selected journals relating to administrative law will enable them to identify those trends and developments that have the potential to impact on their countries and jurisdictions.
Legal profession denomination conferences are another outlet through which administrative law students will be able to remain connected with and become better informed about recent developments in this area of law. The journals and conferences published and organised by these key organs of professional activity often yield a range of topical issues. The depth of comment, analysis and reflection contained within commentaries, conference papers and articles varies significantly but all are ultimately drafted with the intent of informing the legal community and law students alike. Administrative law students will often find reason to examine the law through the prism of decisions and articles that may focus on particular whole or section.
Conclusion: Choosing The Best Textbook
As we’ve seen throughout this guide, selecting the right administrative law textbook is not merely about finding the one most closely aligned with your course structure or content. It’s an essential process that weighs a multitude of factors such as writing style, pedagogy, and your own academic needs. Just as every administrative law course is unique, so too must be the textbook selected to accompany it . Hopefully, you’ve gained valuable tools and insights through the process described above, but most of all, we hope that you feel a little less overwhelmed, and a lot more empowered to make the important choice of an administrative law textbook that will work for you. If you’re a new law professor, examine your course objectives and targeted textbooks for administrative law above in order to guide your selection of a textbook on this topic. Of course, as with any academic process, be sure to consult with your school and department head before making your final selection.