Administrative Law

Daniel B. Rodriguez*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

4 Scopus citations

Abstract

The central objective of administrative law is to reconcile two major aims: the successful exercise of regulatory power by the bureaucracy and the tethering of administrative agencies to the rule of law. The first goal is concerned fundamentally with regulatory governance; the second is concerned with legality. Administrative regulation through specialized agencies is a ubiquitous and rather permanent characteristic of modern policy making. These agencies wield enormous power and, although their respective architectures are arguably in tension with our bedrock constitutional principles of separation of powers and representative democracy, the administrative state seems rather entrenched. This article deals with administrative law and describes the leading effort to tie together the law and politics of administration through the use of positive political theory. It also discusses the dilemmas of regulatory administration and, therefore, of administrative law: delegation, discretion, fairness, and regulatory unreasonableness.

Original languageEnglish (US)
Title of host publicationThe Oxford Handbook of Law and Politics
PublisherOxford University Press
ISBN (Electronic)9780191576980
ISBN (Print)9780199208425
DOIs
StatePublished - Aug 14 2008

Keywords

  • Administrative law
  • Delegation
  • Discretion
  • Fairness
  • Governance
  • Legality
  • Political theory
  • Politics
  • Regulatory administration
  • Regulatory unreasonableness

ASJC Scopus subject areas

  • Social Sciences(all)

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  • Cite this

    Rodriguez, D. B. (2008). Administrative Law. In The Oxford Handbook of Law and Politics Oxford University Press. https://doi.org/10.1093/oxfordhb/9780199208425.003.0019