Administrative law, USA, rights and obligations, administration, rule-making, Stephen Breyer, New Deal Era, FDIC Federal Deposit Insurance Corporation, SEC Securities and Exchange Commission, FHA Federal Housing Administration, FCC the Farm Credit Administration and the Federal Communications Commission, American agences, congress
Explaining the concept of administrative law can cause complications to many people. Therefore, before going further in this work, we will define the administrative law in advance for a better understanding. Administrative law is the set of rules that define the rights and obligations of an administration. It is considered as part of public law.
This concept became famous around the 20th century, when almost all the countries of the world were soliciting its intervention. In fact, its importance was viewed when it came to regulate human relations in the political, economic, and social aspect.
In this work, we are going to focus on the case of the USA. Therefore, our main question will be: how is the American administrative law organized?
[...] However, it should be noted that their action is twofold. On the one hand, they set up rules that will govern the activities requested and, on the other hand, the agencies ensure the follow-up (the application) of the rules previously issued. A concrete example of this is the environmental protection agency which works in a clearly defined sector. In the exercise of their function, the administrative agencies do not have the same power or autonomy as indicated above. In fact, some of them are endowed with greater autonomy in the eyes of the congress and the president, with the sole aim of protecting the structure against any political influence. [...]
[...] It is only after confirmation that the White House agency, called OIRA, could make this rule public. The critics on the American administrative law As the goal of this work is to see how the American administrative law is organized, it is important to know that there are always critics about how things are done. Although there are many, we can mention some of them such as the one being based on the theory that there can be no administrative law in the absence of a thoroughly centralized administration, a hierarchy of superior and inferior officials with the authority to direct and supervise the actions of those below them. [...]
[...] It will just be necessary to point out that the president does not have the full power to dismiss a principal officer because the congress will have to give its approval. This constraint is often important for NGOs. For such an agency to act independently of presidential control during its tenure, the president must have no dominant influence over it, except for reasons of public interest, recognizable by all. Regulations making and critics on the American administrative law The rule-making within the USA The process by which federal agencies create new regulations is known as rule-making. [...]
[...] This last one has evolved to the present situation. To be specific, it is said, « The more complex the global regulatory discourse becomes, the more likely this trend toward greater presidential control of the administrative process will continue. Issues such as the environment were long thought of as essentially local and domestic concerns. The more global our perspective becomes, the more domestic issues become a part of foreign policy and even an aspect of national defense. The elimination of bright line distinctions between the domestic and the foreign could also theoretically encourage the revival of a strong Congress willing to treat as domestic what the executive branch argues is a foreign policy concern. [...]
[...] Over time, a new era has taken hold. The New Deal era was marked by the Federal Deposit Insurance Corporation (FDIC) in the banking sector and Fannie Mae (FNMA) in mortgages. There is also the Securities and Exchange Commission the Federal Housing Administration the Farm Credit Administration and the Federal Communications Commission (FCC). The most notable New Deal program would be the national old-age pension system created by the Social Security Act in 1935. Each era had a main sector where it realized major events. [...]
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