Essay on Sources of Administrative Law
Number of words: 922
The Federal Administrative Procedure Act in the United States was enacted in 1946 to provide guidelines and the basis for policy formulation in the country. The enactment includes requirements for publishing of suggested and finalized laws in the Federal Register (Parker, 1951). It is important to explore the relationship between the Federal Administrative Procedure Act and the uniform States Administrative Procedure Act of 1946. The states APAs are essential in providing guidelines that should apply in their territories regarding administrative roles (McNollgast, 1999). In both enactments, the role of the administration is to provide guiding principles that each individual should follow. Agency formulation at the federal level should be guided by provision of the administrative act (Gellhorn, 1986). Both enactments are meant to provide regulations that should be adhered to regarding various matters in society. Both enactments have proved essential to both states and federal governments in coming up with legal frameworks that should be followed.
Another crucial relationship that should not be overlooked between the two enactments in the US Constitution is the fact that most state APAs have been guided by federal APA (Rubin, 2003). It is vital to highlight that most states in the US utilized the procedures and other practices in the federal APA to come up with ne legislations that guide society. It is through the federal APA that states came up with ideas on how to handle agencies and other institutions that contribute towards rulemaking. In essence, the two enactments are related in the sense that state APAs were formulated based on the existing federal APA of 1946 (Parker, 1951). However, it is essential to highlight that state APAs cannot conflict with federal law as they are bound to respect an uphold values of the constitution. Both enactments have been useful in contributing to better management of administrative roles as well as organized policy formulation.
It is vital that the paper explores how federal and state APAs handle open meetings and provide for public comments. Accountability and transparency in government agencies is an essential aspect that should not be overlooked in any manner (Rubin, 2003). Both state and federal governments have organized procedures or guidelines that should be followed when providing information to the public. Executive branches of the government, agencies and other institutions within the United States are subject to provide records openly to some extent. In some situations, the law might not allow provision of information to the public, especially when it invades the privacy of an individual (Nathanson, 1946). Federal open records laws in place require that the public is notified in advance before the enactment is put into place. The rulemaking process for the federal government should be made open and public.
States in the US have a right to come up with their legislation that does not infringe on the right of any individual as contained in the federal APA. The management of information in various states is similar to what happens at the federal level except for few differences (Rubin, 2003). The Freedom of Information Act in the US stipulates that the public should be allowed to access information that is crucial for transparency and accountability (Nathanson, 1946). Both states and federal APAs allow the public to access information regarding various operations of agencies and other institutions. Other enactments that govern the management of information in the United States include Ethics in Government Act of 1978 and the Presidential Records Act of 1978 (McNollgast, 1999). An example of an enactment that governs information in the state of Florida is the Public Records Act. Such legislations are utilized to provide guidance on how information should be managed.
Public participation and feedback are essential in assessing the suitability of a particular legislation in place. The United States government allows the public to participate through open meetings that enable people to comment (Nathanson, 1946). Federal agencies are required to publish information on incoming meetings in the Federal Register. The meetings are utilized as avenues for public commenting that is essential as stipulated in the constitution (McNollgast, 1999). Most government agencies are bound by the provisions of the Government in the Sunshine Act. States have similar enactments that allow the public to participate and give their views regarding policy provisions and other issues in society.
Public administration differs from private management in a number of significant ways and it is the interest of the paper to explore the same. Public administration deals with controlling and handling the needs of the whole rather than a specific group (Parker, 1951). On the other hand, private management refers to controlling and providing for the needs of a specific or smaller group of people in society. Public administration requires that individuals volunteer for the wellbeing of the whole group while private management has one concern, which is to achieve set goals as stipulated (Gellhorn, 1986). Public administrative roles are financed by the government in agencies while private management is funded by the private sector significantly. In essence, public administration differs from private management to a large extent.
Gellhorn, W. (1986). The Administrative Procedure Act: The Beginnings. Virginia Law Review, 219-233.
McNollgast, M. (1999). The political origins of the Administrative Procedure Act. The Journal of Law, Economics, and Organization, 15(1), 180-217.
Nathanson, N. L. (1946). Some Comments on the Administrative Procedure Act. Ill. L. Rev., 41, 368.
Parker, R. (1951). The Administrative Procedure Act: A Study in Overestimation. The Yale Law Journal, 60(4), 581-599.
Rubin, E. (2003). It’s Time to Make the Administrative Procedure Act Administrative. Cornell L. Rev., 89, 95.