Britannica
Sources used in this answer
Why do expanding government services lead to a larger role for administrative law?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
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.”
The expansion of government services has necessitated a larger role for administrative law because the state has evolved from merely maintaining order to acting as an economic regulator, industrial producer, and provider of essential social services like public health and education.12
As the functions of the state have grown, so too have the powers and influence of bureaucracy and civil servants, who now frequently act as both administrators and adjudicators. This shift has created a critical need for legal frameworks to:13
- Control Bureaucratic Power: Administrative law provides mechanisms to prevent or address bureaucratic maladies, such as the abuse of power, inflexibility, and indifference toward citizens.3
- Ensure Accountability: Because civil servants often exercise significant discretion, administrative law establishes orderly procedures to ensure consistency, transparency, and the ability to fix responsibility on specific officers.4
- Protect Individual Rights: Through judicial review and the creation of specialized administrative tribunals, the law provides citizens with accessible, informal, and rapid methods to challenge administrative decisions that affect their interests.5
Ultimately, administrative law serves as a vital safeguard, ensuring that the exercise of executive power remains subject to the rule of law while balancing the need for efficient government action.62