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How does administrative procedure help prevent arbitrary government action?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled “merger.”
Administrative procedure serves as a vital safeguard against arbitrary government action by establishing orderly, predictable frameworks for how executive agencies exercise their authority. By mandating specific steps for rule-making and enforcement, these procedures ensure that government actions are consistent, transparent, and subject to accountability.12
Key mechanisms that prevent arbitrariness include:
- Fixed Responsibility: Orderly procedures allow for accountability by ensuring that specific officers or bodies are responsible at each stage of the administrative process.1
- Public Participation and Transparency: Requirements such as notice-and-comment periods allow interested parties to provide input, ensuring agencies remain informed and responsive to the public.2
- Due Process and Natural Justice: In many systems, administrative actions are guided by principles of natural justice—such as the right to adequate notice, the opportunity to defend oneself, and the requirement that a decision-maker not be a judge in their own cause.1
- Judicial Oversight: Most administrative decisions are subject to judicial review, allowing courts to supervise agency actions and ensure they remain within the bounds of the law.2
Ultimately, these procedural requirements protect both the rights of citizens and the integrity of the executive branch by replacing unpredictable discretion with established, fair standards.1