Administrative Agencies

Question: Analyzehowcourtsactasacontrolofadministrativeagencies. Examinejudicialreviewasitrelatestoadministrativeagencies. Categorizetheintereststhatareandarenotprotectedbydueprocess. Distinguishbetweenproceduralandsubstantivedueprocess. Answer: Introduction: Administrative agencies mean those agencies, which makes law in the country and has limited powers of control assigned by the government. In other words, these agencies act as a governmental body, which is empowered to supervise and control the legislative acts of the country. It requires person who are expertise in their field to carry on their work. These are framed under sec.1 of article 1 of the federal constitution of the United States. It is helpful for the speedy settlement of the cases, which includes both minor and major. It also provides judicial resources for other relevant or similar cases. The agencies have power to create or make their own rules and regulations in the country, which is imposed on the general people of the country in the form of law. The Administrative Procedure Act 1946 sets the standard to exercise the power of administrative agencies in the country. Not only this they also help the federal courts whenever they faced problems regarding the suits, which challenge the rules and regulations of the agencies (Rosenbloom, 2014). The President of the country controls the administrative agencies. He plays an important role in motivating the activities of these agencies. Many critics argued that these agencies have many loopholes. Selected members create the rules, of these agencies. Moreover, they argued that the agencies exceed the power of the other recognized branches, i.e. the legislative agency, executive agency and judiciary agency (Barnett, 2014).. However, many support the administration by saying that the president controls these agencies. In short, it can be said that the administrative agencies play an important role in the country. Another point of argument arose regarding the judicial proceedings of the agencies. The followers supported the agencies by saying that they provide very quick solutions to the problem, whereas, the opponents argued that timeliness and fairness are non-relevant. Role of court: The court decides on the matter, which was happened in the country. These matters were related to the punishment for a person, which were based on its criminal proceedings (Fox, 2012). They saves the people from the hassle of wasting their time and money, moreover, they promotes a peaceful settlement for the cases. Powers of Supreme Court in the country: It is the highest court of the country. It has many other district level courts. Courts of Appeals: Apart from Supreme Court, there are 13 other appellate courts in the country. They play an important role in determining the role of law in the trial court. They do not have jury in there system (Ronit, 2015). They have a well-developed system throughout the nation to hear appeals, which includes case related to patent laws, and many other cases, which were decided by the U.S. Federal Claims. District Courts: They resolve the matters by analyzing the facts of the cases. District judges have the power to tries the case before the jury decides on the matter. Each state of the country has one district court, which includes a U.S. bankruptcy court. Two special trial courts are there in the country. The Court of International Trade and, the U.S. Court of Federal Claims (Craig, 2012). The international court decides on the matter related to international trade and custom laws whereas the Federal claims decide the cases related to the damage of revenue against the government. Bankruptcy Courts: This type of courts decides on the matter, which involves cases related to the personal business. This type of court helps the people to supervise the liquidation of their assets. Judicial review related to administrative agencies: The following are the functions of judicial review related to administrative agencies: It helps in determining the authority of the agencies. It helps in determining the compliance of the agencies. It helps in determining the actions of the agencies whether they are arbitrary in nature or not. Hence, it ensures about the fairness of the process, which is employed by an agency (Henry, 2015). The Act provides for comprehensive judicial review of agency actions. Any person which is affected by agency action is entitled to judicial review Incase of Yeboah v. INS, 2001 U.S. Dist. LEXIS 17360 (E.D. Pa. Oct. 26, 2001), the court observed and concluded that there are three criteria based on which courts consider the action of an agency which are as follows: The agency should possess discretionary powers. The courts should consider the nature of the action whether it is of political nature or of economic nature. The actions, which are discretion by law, are reviewable because the agencies lacked in the proceedings of jurisdiction, or regulatory command. Distinguish between procedural and substantive due process: 1) Procedural due process determines the proceedings of the civil and criminal cases whereas Substantive due process determines the rights and duties of the citizen. 2) Procedural due process is governed by the act of Parliament whereas the statutory laws of the country govern Substantive due process. 3) In case of procedural due process the person cannot apply the matter related to non-legal contexts whereas in case of Substantive due process an individual have the power to apply for the matters based on non-legal context. 4) Examples of Procedural due process include the right to search and seize a person property without any cause, right to fair trial. On the other hand, examples of Substantive due process include the right to get marriage, right to discriminate based on caste, religion (Molina, 2015). Evaluate the barriers to judicial review: Judicial review means the power of the court to analyze the case and gives the decision based on the rules and regulations of the agencies. It is advisable for the party to complete all the process of correction with the agencies before filing an appeal to the judicial court (Dresang, 2015). The party must provide a fair opportunity to the agencies so that they can correct their proceedings before the judicial review. The barriers to judicial review are as below: 1) The statute does not provide anything regarding the judicial review. In case of Stark v. Wickard(1944) the court decides that the country does not have any other judicial proceedings so the statute cannot neglect the review of the judiciary. 2) The agency denies the power of the judicial review. They argued that records provided by the judiciary are based on appellate proceedings. The court will not accept any hearing if it is not presented before the agencies (Spade, 2015). To conclude the Administrative Law of the country plays an important role in the development of the country. References: Barnett, H. (2014).Constitutional administrative law. Routledge. Craig, P. (2012).EU administrative law. Oxford University Press. Dresang, D. (2015).The Public Administration Workbook. Routledge. Fox, W. F. (2012).Understanding administrative law. LexisNexis. Henry, N. (2015).Public administration and public affairs. Routledge. Molina, A. D. (2015). The virtues of administration: Values and the practice of public service.Administrative Theory Praxis,37(1), 49-69. Ronit, K., Porter, T. (2015). Harold D. Lasswell, The Decision Process: Seven Categories of Functional Analysis. InThe Oxford Handbook of Classics in Public Policy and Administration. Rosenbloom, D. H. (2014).Administrative law for public managers. Westview Press. Spade, D. (2015).Normal life: Administrative violence, critical trans politics, and the limits of law. Duke University Press.