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What limits does administrative law place on regulations made by executive agencies?
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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 law provides essential safeguards to ensure that executive agencies operate within the bounds of the law and do not misuse their delegated authority. Because these agencies often exercise significant discretion, several mechanisms are used to limit their rule-making power:1
- Statutory Compliance: Regulations must conform to the aims of the parent statute and cannot exceed the specific powers delegated to the agency by the legislature.1
- Procedural Requirements: Agencies are often required to follow specific processes, such as publishing proposed rules and allowing for public participation (notice and comment), to ensure transparency and accountability.2
- Legal and Constitutional Standards: Regulations must not contravene constitutional rules or established legal standards.1
- Judicial and Administrative Review: Courts and other oversight bodies (such as councils of state or parliamentary assemblies) scrutinize agency actions. Through judicial review, courts assess whether an agency’s actions are reasonable or involve an abuse of discretion. If an action is found to be inconsistent with the law or constitutional requirements, it can be declared null and void.13
These safeguards are fundamental to maintaining the separation of powers and protecting citizens from arbitrary government action.23