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POL 428 Exam 1
| Term | Definition |
|---|---|
| Administrative agency | Official gov body that has the authority to implement legislative acts. Comes in all shapes/sizes: departments, commissions, bureaus, etc. |
| Administrative law | Expression of the rule of law – controls bureaucratic power, correct and control administrative state while being a key source of legitimacy - Distinct from all other laws - A blend of constitutional, statutory, and common laws |
| Administrative Procedure Act | A statue governing how federal admin agencies develop regulations/adjudicate cases/interact with public. Governs the procedures of admin law. |
| Bureaucracy | A system of organization where laws or regulatory authority are implemented by civil servants (non-elected officials) |
| Common law | Law that emerges from judges decision, central purpose is to limit conflict. Stare decisis: to stand by things decided |
| Constitutional law | fundamental rules of political system - Helps establish institutions - describe and limit government powers and behaviors – president, congress, courts |
| Deference | yielding to the judgment of a superior. Should courts defer to federal agency's interpretation of ambiguous laws? (see chevron case) |
| Delegation | transfer of authority from a principal to an agent to act on their behalf. (see non delegation also) |
| Democracy | Power flows from people, exerted through elections and votes |
| Discretion | authority granted to an official to make decisions based on their assessment rather than by following code. |
| Due process | fair treatment through the normal judicial system |
| Enabling legislation | legislation that lets government bodies create rules to accomplish general principles set out in legislation. |
| Executive agency | run directly by the current administration. Examples are the State Department and Treasury Department. (contrasts to independent agency) |
| Independent agency | Operate with a degree of autonomy so that decision-making is made based on expertise and the national interest and not short-term political motivation. (contrasts to exec. agency) |
| Legislative veto | allows a congressional resolution to nullify rulemaking. Congress can strike individual agency decisions without having the amend the statue if they do not like what the agency does. It was an important tool for congressional oversight. |
| Liberalism | a political system of thought that people are inherently equal, have rights, and just government comes from the consent of the governed. Early, classical liberalism was built as a direct rejection to imperialism's power at the time. |
| Nondelegation | Idea that principal agent relationships should not be allowed. Nondelegation doctrine is a constitutional idea that congress cannot delegate its leg. power to the executive branch. |
| [an administrative] Order | a formal directive or decision issued by a government agency or administrative body. |
| Precedent | Judicial decision that serves as an authority for courts when deciding identical or similar cases (see stare decisis) |
| Principal-agent theory | How we think about relations to have someone do something on our behalf. Principle needs goal met; agent completes goal. |
| Regulation | Rule or directives issued by an authority. Change/influence/guide behavior. |
| Regulatory law | substantive law made by bureaucracies. Created by the organization/people/processes that are governed by administrative law |
| [an administrative] Rule | regulations established by government agencies that carry the weight of law. These rules are designed to provide detailed guidance on how laws and policies should be implemented and followed. |
| Rule of law | A system of government where officials are limited by laws – no one is above the law. System for modern government as we understand it today, the rule of law helps keep governments in some restrained bounds. |
| Separation of powers | Government authority is divided into three branches (leg/exec/jud). To prevent one branch from becoming too powerful, ensuring checks and balances. |
| Stare decisis | legal principle that courts should follow past rulings from similar cases to guide current decisions. Allows consistency and predictability in law “to stand by things decided”. |
| Statutory law | Laws are passed by legislatures. All agencies are created by statues. Ex) social security act |
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omgitseva