Law 5110 Quiz: Administrative law in the twenty-first century
Document Summary
The 20th century is characterised by an increase in the scope and intensity of administrative regulation. Markets and other forms of private entities can produce noticeable benefits but also instability, environmental degradation and other ills. There is no area of law practice that does not involve administrative regulation. The traditional core of admin law has focused on securing the rule of law and protecting liberty by ensuring that agencies follow fair and impartial decisional procedures and respect private rights. Here the function of admin law is negative: to prevent arbitrary administrative exercise of coercive power against private persons. Courts scrutinized an agency"s fact-findings based on the hearing record and determine whether the imposed requirements conformed to statutory authority. The application of the traditional model might have ensured that agencies acted within the bounds of their statutory powers, however these bounds were very vast and there were threats of arbitrary power.
