Administrative Law in the Seventies

Abstract

Whether they know it or not, these consumerand interest-oriented groups are deeply involved in issues that have concerned scholars and practitioners of administrative law since the beginning of the 20th century and even before. Acting in the public interest usually involves the bureaucracy in the exercise of legislative and judicial functions (17). Agencies must establish regulations governing those within their jurisdiction and adjudicate cases and controversies arising under those regulations (9). As administrative law developed, those directly subject to agency power, the regulated groups, become primarily concerned with protecting their rights. Ultimately, these groups wanted a favorable regulatory climate, which meant domination of the regulators by the regulated (10). Insofar as policies were to be put into effect at all, they were to buttress the position of the more powerful industry groups by eliminating or severely curbing competition. In effect this restored the status quo ante regulation. The most powerful regulated groups essentially wanted to be left alone to continue their monopolistic practices. They were not oriented toward positive government action, but rather took a negative approach based upon the laissez faire philosop y that the best government is that which governs least. Independent and powerful regulatory agencies would always constitute potential threats.