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Administrative Law

Fairfax Injury Lawyer Brien Roche Addresses Administrative Law

Brien Roche

Administrative law is a branch of law that is separate and distinct from civil or tort law and likewise is separate and distinct from criminal law.

Probably the easiest way to think of the different branches of the law is that the law breaks down into civil aspects, criminal aspects and then the administrative aspect.  The civil aspect deals with all non-criminal proceedings that are tried before either a judge or a jury.  Criminal actions are actions that are initiated by the government against an individual who has violated the law.  Administrative actions or proceedings are initiated typically by an administrative branch of the local, state or federal government against an individual or entity.  Administrative actions may also be initiated by any person or company against an administrative branch of government.

Administrative Law Is Outgrowth Of Statutory Enactments

Typically when the legislative body for a local, state or federal government passes a law then that law is written in rather general terms.  The legislative body that passes the law usually does not have the time to fine tune the law so as to try to apply it to all of the particular circumstances that might arise.  For instance, when a local governing body, whether it be called a county council, a board of supervisors or a town council, passes a law they may pass the law but then expressly state within the law that the administrative branch of that local government is to publish regulations or rules as to how the law is to be enforced and/or interpreted.  Those administrative rules or regulations then acquire the effect of law and become the basis upon which that administrative agency can then enforce the law.

Trying to be more specific, a local governing body may pass a zoning ordinance.  Once that zoning ordinance has been passed then the zoning office may publish certain rules and/or regulations that will define how the zoning office is interpreting the zoning law or ordinance that has been passed by the legislative body.  Those promulgations by the zoning office may acquire the effect of law depending upon the authority of the zoning office.

At the federal level, the U. S. Congress passes a law and then typically within the law may delegate the rule making function to the administrative body such as the Department of Commerce, to promulgate regulations to implement the law.  That rule making process is rather complicated.  Once the rules  have been adopted by the Department of Commerce then those rules become “the law” as to how the Department of Commerce is going to enforce the law passed by the U. S. Congress.

For more information on this topic see a book that I have written entitled Law 101.      

For more information on administrative law see the pages on Wikipedia.

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Administrative Law

Fairfax Injury Lawyer Brien Roche Addresses Administrative Law

Brien Roche

Administrative law is a branch of law that is separate and distinct from civil or tort law and likewise is separate and distinct from criminal law.

Probably the easiest way to think of the different branches of the law is that the law breaks down into civil aspects, criminal aspects and then the administrative aspect.  The civil aspect deals with all non-criminal proceedings that are tried before either a judge or a jury.  Criminal actions are actions that are initiated by the government against an individual who has violated the law.  Administrative actions or proceedings are initiated typically by an administrative branch of the local, state or federal government against an individual or entity.  Administrative actions may also be initiated by any person or company against an administrative branch of government.

Administrative Law Is Outgrowth Of Statutory Enactments

Typically when the legislative body for a local, state or federal government passes a law then that law is written in rather general terms.  The legislative body that passes the law usually does not have the time to fine tune the law so as to try to apply it to all of the particular circumstances that might arise.  For instance, when a local governing body, whether it be called a county council, a board of supervisors or a town council, passes a law they may pass the law but then expressly state within the law that the administrative branch of that local government is to publish regulations or rules as to how the law is to be enforced and/or interpreted.  Those administrative rules or regulations then acquire the effect of law and become the basis upon which that administrative agency can then enforce the law.

Trying to be more specific, a local governing body may pass a zoning ordinance.  Once that zoning ordinance has been passed then the zoning office may publish certain rules and/or regulations that will define how the zoning office is interpreting the zoning law or ordinance that has been passed by the legislative body.  Those promulgations by the zoning office may acquire the effect of law depending upon the authority of the zoning office.

At the federal level, the U. S. Congress passes a law and then typically within the law may delegate the rule making function to the administrative body such as the Department of Commerce, to promulgate regulations to implement the law.  That rule making process is rather complicated.  Once the rules  have been adopted by the Department of Commerce then those rules become “the law” as to how the Department of Commerce is going to enforce the law passed by the U. S. Congress.

For more information on this topic see a book that I have written entitled Law 101.      

For more information on administrative law see the pages on Wikipedia.

Contact Us For A Free Consultation

Contact Us For A Free Consultation