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Essay / Research Paper Abstract
This 3 page paper explores administrative law from the perspective of rule making and adjudication. Emerging scientific discoveries complicate this process. Bibliography lists 2 sources.
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3 pages (~225 words per page)
File: AM2_PplwRulemaking.rtf
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demarcation between the two is not always clear (Administrative Procedure Act, 1946). This leaves ample room for confusion when it comes to administrative law in particular. An ever-increasing
number of scientific issues and the emergence of deregulation on our national policy agenda, in particular, impact administrative law and public administration. Rules are issued by federal agencies
for the purpose of implementing, interpreting and prescribing law or policy (Administrative Procedure Act, 1946). Rulemaking occurs so that the future actions of individuals can be regulated (Administrative Procedure
Act, 1946). Adjudication, in contrast, applies to the "past and present rights and liabilities" of those individuals (Administrative Procedure Act, 1946). Orders are issued as a result
of an adjudicative proceeding (Administrative Procedure Act, 1946). To complicate the distinction, however, agencies most often have a large number and diversity of actions available to them. Most
use rule making to formulate and announce future policy but adjudicative orders can also be used for this purpose. 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. With the constantly increasing number of scientific issues and the
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