Regulatory Processes and Administrative Law

Regulatory Processes and Administrative Law

How much power should be delegated to administrative agencies

The power that should be delegated to administrative agencies is only those powers which would be needed in the effective performance of their obligations and responsibilities . One power is implementation . This is needed because generally , administrative agencies are tasked to implement or carry out the projects and programs of the government Underlying these , administrative agencies should be delegated with regulatory power . Regulatory power is the administrative agency 's basis in checking if the sectors within their jurisdiction

are complying with the rules or requirements set by them . In line with the regulatory power is the judicial function which is to try and hear any complaints or non compliance . These are the powers that should be delegated to the administrative agencies for the purpose only carrying out their functions smoothly and effectively

2 . How much administrative discretion is too much

Administrative discretion is said to be too much when the agency is acting beyond its jurisdiction and as an effect , the rights of others has been infringed . Generally , administrative agencies are tasked to implement or carry out the laws . Underlying this , they also have the discretion whether to carry it out or not . The discretion would be too much when laws were improperly carried out and applied to persons or sectors of the society who are not covered by laws

3 . What constitutes arbitrary and capricious ' agency decisions

A decision is arbitrary and capricious ' when it has been based only on one particular fact or when only one party was heard . In arriving into a fair decision , both parties involved should be given opportunity to be heard and from their statements and evidences , the judgement can be rendered . However , when the basis of the decision was one-sided , then the decision is arbitrary and capricious

4 . How can administrative officials be allowed to administer needed public policies without infringing on the rights of individuals

The rights of the individuals may not be infringe by the functioning of the public officials if the latter will function only within the scope of their power and jurisdiction and when they give respect to the rights of the former . The basic rights of the individuals should not be compromised by any administrative to be enacted

5 . How much official immunity ' should be extended to government administrators

Immunity has been understood as the right or privilege enjoyed by public officials not to be subjected to any suit while in public office . In addition , any suit against them cannot pursue if not permitted by the government . The reason behind is to avoid any intervention while government administrators are carrying out their public duties . However such right can only be enjoyed by government administrators may only be applicable in few reasonable . One , official immunity can be granted when the government administrators are acting in good faith . In addition , it can be extended when they are in acting within the scope of their official duties...