法律知识导读第六单元 Administrative Law.pptVIP

Unit 6 Administrative Law 行政法 行政法是管理政府行政活动的部门法，即涉及到政府部门执行职务时所适用的各项法律。它规定行政机关可以行使的权力，确定行使这些权力的原则，以及对受到行政行为侵害的人给予法律上的补救。行政法一般被认为是属于公法的范畴，但是在美国，公法和私法之间的区别不像在大陆法系国家中那么严格，因此，美国的行政法案件也由受理私法案件的普通法院审判。美国的行政法主要是由宪法、法律、判例、行政规章等组成的。其中，最为重要的是联邦宪法第五修正案中的正当程序(Due Process)条款和1946年的联邦行政程序法(Federal Administrative Procedure Act)。 Lead-in ------Administrative law governs the activities of administrative agencies of government, which include rule-making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law deals with the decision-making of administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport, etc. Administrative Law Administrative law in common law countries Generally speaking, most common-law countries have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. ◆ Judicial review of administrative decisions, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. ◆ The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. United States The executive branch, led by the president, controls the federal executive departments, which are led by secretaries who are members of the United States Cabinet. ★ United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government.  Justice Breyer defines administrative law in four parts: (1) Defining the authority and structure of administrative agencies; (2) Specifying the