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Essay / Research Paper Abstract
A 4 page consideration of why administrative law is distinct from public law. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: AM2_PPlwAdminPublic.rtf
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Unformatted sample text from the term paper:
on statutory law but administrative law is based on court decision or court-made law (Funk and Seamon, 2006). Gellhorn and Levin (2003) clarify that administrative law is "an analysis
of the limits placed on the powers and acts of administrative agencies" (8). While, admittedly, administrative law is a mongrel of sorts because it encompasses "virtually any relevant topic"
including but not limited to "psychology, economics, organizational theory, public policy, and political science", it is also a very distinct branch of law (Warren, 2004, 26). Warren (2004, 27)
contends that administrative law is distinct because of its "focus on the makings of fair procedure in administrative agencies". Indeed, we have administrative law to thank for the liberties
that we enjoy on a day to day basis as US citizens. While complex, administrative law can be described in quite simplistic ways.
Administrative law considers such things as agency rulemaking, the rule of order, official immunity and even judicial review in the context of agency action (Warren, 2004). There is
an obvious emphasis on procedural due process, the importance of which cannot be overemphasized (Warren, 2004). Public law, in contrast, focuses on substantive or statutory due process (Warren,
2004). Public law allows us liberties strictly on the basis of what is written in black and white. Administrative law, in contrast, is a field where decision becoming
the determining factor in regard to the liberties we enjoy as American citizens. As might be expected, administrative law is often involved with
the Fourth, Fifth, and Fourteenth Amendments which either specifically call for due process of law in relation to governmental actions or which have been interpreted to imply such (Warren, 2004).
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