Does The (Largely Unknown) Administrative Law Process Protect Or Abuse Citizens Rights?

Abstract

Administrative law consists generally of the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function.The Administrative Procedure Act, other legislation, and court decisions have established administrative agencies as a large power base, largely insulated from electoral accountability, at both the federal and state levels.Most citizens are unaware of the extent of such power, and of the extent such power can be exercised with minimal transparency. This paper reviews and evaluates the federal administrative law process, examines differing practices followed in various states and foreign countries, and suggests potential changes to make the process more accountable and transparent, and to preserve better the rights of parties to both procedural and substantive due process.