Administrative Law: Definition, How It Works, and Examples

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What Is Administrative Law?

Administrative law is the body of law that governs the administration and regulation of government agencies at both federal and state levels.

Numerous government agencies have oversight over many critical sectors of the economy and society. Administrative law defines how such agencies can make and enforce regulations and rules. Administrative law is a branch of public law, which is part of the legal system that deals with the relationship between the government and the people.

Key Takeaways

  • Administrative law involves the administration and regulation of federal and state government agencies.
  • Government agencies have purview over a wide variety of sectors, including telecommunications, financial markets, and employment.
  • Administrative law determines the scope of authority of each government agency.
  • Administrative law is an arm of public law; it is also known as “regulatory law.”

Understanding Administrative Law

In the U.S., Congress and state legislatures create administrative law. This encompasses the procedures under which government agencies operate, as well as the external constraints upon them. Administrative law is considered a branch of public law and is often referred to as regulatory law.

Over the years government agencies have steadily grown in number and importance in the United States. They have purview over a wide variety of areas, such as telecommunications, financial markets, and beyond. Examples of these agencies include the Department of Labor (DOL), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC).

Administrative law governs such federal agencies as the U.S. Department of Labor, the Federal Communications Commission, and the Securities Exchange Commission, and state agencies such as workers’ compensation boards.

Workers’ compensation boards are examples of state-level government bodies that can enact policies and procedures under the direction of the administrative laws that structure them. Such boards have the power to determine whether injured workers are entitled to receive compensation related to injuries sustained in connection with their occupations. The authority outlined by administrative law details the constraints within which the boards must operate, how each case must be handled, and ways disputes are to be resolved.

Each agency, department, or division of government must have administrative regulations that establish the scope and limits of its authority. The powers granted to government institutions can include the right to draft, enact, and enforce policies to which industries, companies, and private citizens must adhere.

Administrative Law Example

An example of how administrative law works can be seen in the matter of internet neutrality.

In 2015, the FCC introduced net neutrality rules to prevent internet providers from blocking, throttling, or creating "fast lanes" for different types of content on the internet. In response, internet providers argued that such rules were onerous and unnecessary, and sought their repeal. In 2017, under the Trump administration, the FCC did just that. Then, in 2024, under the Biden administration, the FCC made another turn by reinstating net neutrality regulations.

The FCC holds regulatory authority over this matter because of the administrative laws that outline the commission’s powers. The procedures and actions the FCC can take regarding the proposed changes are also structured by those underlying administrative laws.

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Legislative days within which Congress must act to reverse a federal regulation made under administrative law.

What Is Administrative Law in Simple Terms?

In simple terms, administrative law is the area of law that governs how government agencies can operate. Administrative law defines how these agencies can propose rules, exercise their powers, and take various actions.

What Is the Administrative Procedure Act?

The Administrative Procedure Act (APA) is a law passed by Congress in 1946 outlining the process through which federal agencies can propose and make rules and regulations.

Is Administrative Law the Same As Civil Law?

Civil litigation usually refers to legal disputes between private parties. Administrative law refers is the body of law governing the relationship between federal and state agencies and the public.

The Bottom Line

Administrative law is the body of law that determines the power and responsibilities of federal and state agencies. Administrative law sets out the procedures under which agencies operate, including the scope of their authorities and rule-making processes. It's a branch of public law.

Article Sources
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  1. NPR. "Net Neutrality Is Back: U.S. Promises Fast, Safe, and Reliable Internet For All."

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