Unformatted text preview: Ch.2. Where Law Comes From
PP7. Executive Branch: Administrative Law; Checks and Balances Lessons Administrative agencies have the authority to create administrative law Each branch of government provides a check and a balance against the other 2 branches of government Where do Federal and State Administrative Agencies come from?
Congress/State Legislatures create bureaucracies in order to implement federal and state statutes authorize and fund each agency responsible for the administration of the agency Chief Executive Statutes Administrative agencies implement statutes and other Executive Branch policies Through its rule making authority, administrative agencies can also promulgate (put into effect by formal declaration): Rules Regulations Decisions Orders Opinions (Continued on Next Slide) Administrative rule: Similar to a piece of legislation, but typically more specific and narrow in scope Administrative regulation: Highly specific form of law that elaborates upon an administrative rule Administrative decision: A ruling by an administrative hearing (adjudicative) body that operates like a court Administrative order: A ruling by the agency in regard to some issue, without having an adjudication Administrative opinion: A `letter' issued by the agency stating its opinion about an issue raised by a legitimate party Rules, regulations, decisions, orders, and opinions add: Specificity and precision to the statutory law New laws that implement the Chief Executive's policies A Texas Administrative Rule: Disposal and Storage of Pesticides
(a) No person may dispose of, discard, or store pesticide or pesticide container in a manner that may cause injury to: Humans livestock Wildlife Vegetation Pollinating insects (pollution of) any water supply or waterway Crops (Continued on Next Slide) (a) Pesticides intended for distribution or sale: Must be displayed or stored within an enclosed building or fenced area, and May not be displayed on sidewalks, parking lots, or similar open areas without surveillance (Continued on Next Slide) (a) Bulk storage tanks, when not enclosed in a secured area of a building, must have a lock on the dispensing device (Continued on Next Slide) a) Pesticides in leaking, broken, corroded, or otherwise unsafe containers, or with illegible labels shall not be displayed or offered for sale... a) Pesticide containers, concentrates, spray mixes, are to be discarded in accordance with pesticide label directions and the provisions of the Texas Solid Waste Disposal Act a) The applicator, owner of the pesticide, and/or the person in control of the mixing site shall be joint and severally liable for proper storage and disposal of pesticide containers and contents CONCLUSIONS ABOUT THE 3 BRANCHES OF GOVERNMENT Checks and Balances The U.S. and state constitutions provide for checks and balances between the 3 branches of government CHECKS AND BALANCES CHECKS AND BALANCES: The Executive Branch Presidential or gubernatorial veto of proposed legislation Right/responsibility to propose new legislation to Legislative Branch Nominates judges to federal judiciary Law enforcement investigates corruption in the other two branches of government CHECKS AND BALANCES: The Legislative Branch Investigates the operations of Judicial and Executive behaviors Create laws that can overturn a Executive decision Creates laws that can overturn a judicial decision CHECKS AND BALANCES: The Legislative Branch Reviews Legislative and Executive Branch decisions as part of cases brought before the courts Q: ARE LEGISLATURES THE APPROPRIATE PLACE FOR THE CREATION OF LAW? Yes No Legislators are our elected representatives Legislature is representative of diverse interests Legislature has some resources to engage in factfinding on issues Legislators are beholden to special interests Legislators often lack technical expertise on issues under consideration Q: SHOULD COURT S BE THE PRIMAR Y PLACE FOR DISPUTE RESOLUTION IN OUR SOCIET Y? Yes Judges are highly trained individuals Judges are Neutral Judges use fair procedures (due process) in resolving disputes No Litigation is costly and inefficient Judges are trained in law, not the social sciences Courts frame and resolve disputes narrowly Q: SHOULD STRICT OVERSIGHT BE IMPOSED UPON THE WORK OF ADMINISTRATIVE AGEN CIES? Yes Imposing strict oversight can force agency to do the job it is expert in, the Executive wants done, and stop misuse of power No Imposing too strict oversight will prevent agency from exercising its expertise ...
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- Spring '07
- Separation of Powers, state administrative agencies, administrative rule Administrative