Administrative state
The administrative state is a term used to describe the power that some government agencies have to write, judge, and enforce their own laws.
Since it pertains to the structure and function of government, it is a frequent topic in political science, constitutional law, and public administration.
Its sudden rise has generated considerable scholarship, writing, and study to understand its causes and effects, and to square it with previous notions of law and governance.
[8] Nondelegation is a legal principle that a branch of government cannot authorize another entity to exercise powers or functions assigned to itself.
The power of the administrative state is related to the concept of a privative clause, which also restricts a courts ability to interpret law.
[17] By contrast, the Chinese GAPP can issue decrees to seize banned books, films, writing, or other media, as well as arrest and imprison criminal violations of publication regulations.
[18] Many administrative agencies operate their own police forces, with the power to arrest, search, seize items, surveil citizens, and jail them for a period before trial.
This discourse largely revolves around differing views on constitutional and statutory obligations related to due process and procedural rights, as well as the extent of these protections when citizens engage with administrative entities.
Laws, regulations, and rules, are all binding on members of the financial industry; however, FINRA rulebreaking is never criminal and thus can not result in jail time.
In the U.K., there is an abundance of terminology to describe U.K. governmental and semi-governmental agencies, including executive ministries, non-ministerial government departments (NMGD), non-departmental public body (NDPD), and quango, originally short for "quasi-autonomous non-governmental organization", but which are in fact partly controlled or financed by the government.
[40] Historian Francis Fukuyama traces the concept of a modern administrative state with merit-based hiring to the French Revolution.
"Like Wilson, Goodnow argued that government needed to adjust its very purpose and organization to accommodate modern necessities," writes Pestritto.
[46] In 1935, through the case Humphrey's Executor v. United States, the court characterized independent federal agencies as having both legislative and judicial aspects.
[47] In 1946, the Administrative Procedure Act was introduced by Congress, providing a standard set of guidelines for federal agency decision-making and regulatory actions.
[48]: 20–21 "The shift to a more modern administrative state was accompanied by an enormous growth in the size of government during the middle decades of the twentieth century," wrote Fukuyama in 2014.
[49] In 1973, the U.S. Supreme Court, in United States v. Florida East Coast Railway Co., determined that formal procedures are only necessary for agencies if a law mandates a specific type of hearing.
[50] In 2020, in Seila Law v. Consumer Financial Protection Bureau, the Supreme Court determined that limitations on the president's authority to dismiss singular leaders of independent federal agencies, in contrast to groups, infringe upon the separation of powers doctrine by curtailing executive oversight of such institutions.
Nearly a third the total landmass of the United States is owned by federal agencies, like the BLM, NPS, and NFS, which all maintain separate police forces to enforce laws and determine the use of the land.
In Italy, special Guardie Zoofile, volunteers with police powers, rescue animals in distress and protect them in wildlife.
In the Central African Republic, France helped set up special forest rangers and hunting guards for government land management.
