| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Unit 3 Administretive Law
UNIT 3
Administrastive Law
Administrative law is the body of law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties of such agencies. Administrative law is the legal framework within which public administration is carried out. It derives from the need to create and develop a system of public administration under law, a concept that may be compared with the much older notion of justice under law. Since administration involves the exercise of power by the executive arm of government, administrative law is of constitutional and political, as well as juridical, importance.
There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters, such as the responsibility of ministers, cannot be exclusively assigned to either administrative or constitutional law. Some French and American jurists regard administrative law as including parts of constitutional law. The law relating to public health, education, housing, and other public services could logically be regarded as part of the corpus of administrative law; but because of its sheer bulk it is usually considered ancillary.
One of the principal objects of administrative law is to ensure efficient, economical, and just administration. A system of administrative law that impedes or frustrates administration would clearly be bad, and so, too, would be a system that results in injustice to the individual. But to judge whether administrative law helps or hinders effective administration or works in such a way as to denyjustice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs.
A Task 1. Translate the following word combinations into Russian: administrative law, administrative agencies, the body of law, public administration, the notion of justice, the exercise of power, the executive arm of government, the rights and liabilities of officials, methods of constitutional law, the corpus of administrative law, to hinder effective administration, substantive provisions, procedural provisions.
Task 2. Translate the following word combinations into English: административные органы, функции общественных органов власти, неправительственные органы, структура судов, роль главы государства, ответственность министров, основные цели административного права, система общественного управления, обеспечивать эффективное управление, применять средства управления.
Task 3. Make up correct word combinations:
Task 4. Insert the necessary prepositions: the body … law; created … administrative agencies; to carry … regulatory powers; to derive … the need to create a system … public administration; to compare … the notion … justice; to be … political importance; to be engaged … administration; relations … one another; to be assigned … constitutional law; to result … injustice … the individual.
Task 5.Complete the following sentences:
Task 6. Answer the following questions.
B
Task 1. Read and translate the text: Administrative Law in the U.S.
Administrative Law, body of law applicable to the operations of agencies established by the legislature to carry out the functions of the executive branch of government. The Inter-state Commerce Commission and the Federal Communications Commission are examples of such agencies in the U.S.
Although the term administrative law was not used until the 20th century, the concern with maintaining controls over the power of government goes back in English law as far as the Magna Carta. By the 19th century, courts on the European continent had recognized a separate administrative law, which was often known by the French term ‘droit administratif’. In the U.S. it was the New Deal of the 1930s, with its accompanying pro-liferation of government agencies that led the courts to apply a distinctive body of law to the operation of these agencies.
Administrative bodies are created and given power by federal or state legislation. It is the function of administrative law to set forth the extent of this power, the limitations on it, and its applications to private individuals and groups. The law is basically concerned with whether proper standards are applied by administrative agencies in exercising their powers and in making and enforcing regulations. If an agency does not apply the proper standards, its failure may be redressed by application to the courts. Although a court may not substitute its own judgment for that of the agency in determining whether a given regulation is desirable, the court may declare the regulation a nullity if the agency, by promulgating such a regulation, has exceeded the authority conferred by the legislature. In determining that a regulation has been violated, substantial proof is required, but the agency is not bound by the laws of evidence that apply in court trials.
With the multiplication of federal administrative agencies in the U.S. during the 1930s, a means of making administrative regulations reasonably accessible to the public became necessary. The Federal Register Act (1935) provides that all federal regulations must be published in the Federal Register; a regulation that is not published in this manner is not binding upon persons who are unaware of its existence. Periodically, all federal regulations still in force must be codified and published in a compilation called the Code of Federal Regulations. The Administrative Procedures Act (1946) provides that before a federal agency promulgates a general regulation, interested parties must be afforded an opportunity to present their views. Another safeguard is that the investigation and prosecution of alleged violations may not be undertaken by the same persons who will render the judgment.
1) Choose the appropriate word: 1. We go to court when we cannot settle disputes in formal / informal ways. 2. The decision was fair / unfair and everybody agreed with it. 3. We went to court. It was possible / impossible to settle the dispute out of court. 4. It is important / unimportant to internationalize legal standards. 5. People who come to live in another country without official permission are called legal / illegal immigrants. 6. We’ve had a few agreements / disagreements, but we are still good friends. 7. It is necessary / unnecessary to discuss the dispute with your neighbour before you go to the police. 8. He was respected as he was a just / unjust ruler.
2) Match the words and translate them:
3) Make a short plan of the text:
Task 2. Read and translate the text:
Administrative procedure
An orderly procedure, besides being efficient, allows responsibility to be fixed on a particular officer or body at each stage of the administrative process. It can safeguard the rights of citizens and protect the executive against the criticism of having acted in an arbitrary manner. It can ensure regularity and consistency in the handling of individual cases. Much depends, however, on the quality and purpose of the procedural requirements. Most countries possess only an uncodified mass of administrative law prescribing procedure. Much of it is to be found in the laws and regulations governing particular functions of government, such as taxation, public health, education, and town planning.
Rules of administrative procedure cover such matters as the setting of administrative machinery in motion; methods for lodging appeals; the rights of interested persons; the time limits that must be observed; the conditions to be satisfied by objectors; and the right of legal representation.
In common-law systems, the doctrine of natural justice influences administrative procedure in two ways: (1) that a person may not be judge of his own cause, and (2) that a person shall not be dealt with to his material disadvantage, whether of person or property, or removed from or disqualified for office, without being given adequate notice of what is alleged against him and an opportunity to defend himself.
An indirect result of the second principle is the public hearing, widely used by government departments in deciding matters involving individual or corporate rights. In the United Kingdom a public inquiry is now a common means of handling appeals to the Department of the Environment against the decisions of local authorities in such matters as planning applications and compulsory purchase of land.
1) Match English and Russian equivalents:
2) Determine if the sentences are true or false, according to the text:
1. Criminal procedure can safeguard the rights of citizens and protect the executive against the criticism of having acted in an arbitrary manner. 2. Much of it is to be found in the laws and regulations governing particular functions of government, such as taxation, public health, education, and town planning. 3. In common-law systems, the doctrine of natural justice influences administrative procedure in two ways. 4. Department of the Internal Affairs against the decisions of local authorities in such matters as planning applications and compulsory purchase of land.
3) Make a short plan of the text. C
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| © Академия Министерства внутренних дел Республики Беларусь Электронный учебно-методический комплекс | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||