Constitutional and administrative law with updating supplement
Edwin Simpson (BCL 1989, MA 1990) is an Official Student (or Tutor) in Law at Christ Church, and the Barclays Bank Lecturer in Taxation in the University. His interests focus around theories of the public sphere and of property, and naturally meet in topics such as trusts law, juripsrudence, highway law, and the law of taxation.He teaches Trusts, Jurisprudence, and Taxation Law (FHS); and Trusts and Global Wealth Taxation (BCL/MJur/MLF).While some textualist scholars argue that administrative agencies are unconstitutional, particularly because of unconstitutional delegation of law-making power, the current jurisprudence in administrative law deems agencies constitutional, and necessary in the current society in the functional and pragmatic sense.Indeed, because the Congress cannot enforce and administer every law it enacts, it must rely on the agencies to administer, interpret, enforce, and otherwise regulate various federal laws the Congress has enacted.The can be used to learn about individual federal agencies and are available at the Law Library Reference Desk.
APA categorizes administrative functions into formal and informal rulemaking and adjudication, which have binding effects, as well as guidance, which has no binding effect. Similar to the Chevron deference, the courts have that the agency’s interpretation of its own regulations are binding unless it is plainly erroneous or inconsistent with the regulation.The primary sources for administrative law are the are available for free online at FDsys, (coverage begins in the mid-1990s for each source).Enforcement decisions are published in a variety of case reporting systems -- for instance, the .Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state).
Agencies are delegated power by Congress (or in the case of a state agency, the state legislature), to act as agencies responsible for carrying out certain prerogative of the Congress.
Some of the most notable agencies are the executive agencies such as the Department of Justice and Department of Defense, etc.