Administrative Law
You are a legislative aide to a state legislator who wishes to introduce legislation creating a new state department of drug enforcement. It is intended that, among other authorities, this new administrative agency will have authority to establish a list of controlled drugs, establish rules regarding penalties for possession or use of controlled drugs, establish a process for adjudicating cases involving violators of the rules, and enter into contracts with a private agency or agencies to establish and manage a system of one or more incarceration facilities to which violators of these rules may be sentenced upon a finding of guilt.
courts therefore have allowed the U.S. Congress—and other legislative bodies—to make laws that delegate limited lawmaking authority to administrative agencies. The substance of an administrative agency's powers must be intelligible, and a system of controls must be in place to limit those powers
administrative agencies constitute an unconstitutional, bureaucratic fourth branch of government with powers that exceed those of the three recognized branches (the legislative, executive, and judiciary). In response, supporters of administrative agencies note that agencies are created and overseen by elected officials or the president. Agencies are created by an enabling statute, which is a state or federal law that gives birth to the agency and outlines the procedures for the agency's rule making. Furthermore, agencies include the public in their rule-making processes. Thus, by proxy, agencies are the will of
In your paper be sure to address the following: 1. Identify and analyze any delegation issues. State any assumptions you make in your analysis.
The agency needs to be provided with a beyond intelligible principal and a system of controls must be in place to limit the powers of the administrative agency. The separation of powers doctrine must not be violated.
Before delegating authority to a private agency, compliance with
courts therefore have allowed the U.S. Congress—and other legislative bodies—to make laws that delegate limited lawmaking authority to administrative agencies. The substance of an administrative agency's powers must be intelligible, and a system of controls must be in place to limit those powers
administrative agencies constitute an unconstitutional, bureaucratic fourth branch of government with powers that exceed those of the three recognized branches (the legislative, executive, and judiciary). In response, supporters of administrative agencies note that agencies are created and overseen by elected officials or the president. Agencies are created by an enabling statute, which is a state or federal law that gives birth to the agency and outlines the procedures for the agency's rule making. Furthermore, agencies include the public in their rule-making processes. Thus, by proxy, agencies are the will of
In your paper be sure to address the following: 1. Identify and analyze any delegation issues. State any assumptions you make in your analysis.
The agency needs to be provided with a beyond intelligible principal and a system of controls must be in place to limit the powers of the administrative agency. The separation of powers doctrine must not be violated.
Before delegating authority to a private agency, compliance with
References: Independent Commission Against Corruption.(n.d.) Corruption Prevention. Retrieved March 16, 2013 from http://www.icac.nsw.gov.au/preventing-corruption/knowing-your-risks/delegation-of-authority/4895