Development of administrative law

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Development of administrative law

It is evident that the American legal system has slowly been adapting itself to meet great changes. The developments of the past few decades have resulted mainly in the establishment of a system of administrative agencies,tribunals, and law. Even in the 19th century administrative law was developing in the United States and today it is in many phases of equal or greater importance than the judicial system developed through the common law.

The causes of this new and divergent arm of the law originated in the fundamental changes which occurred throughout the past century in the social and industrial life of this country, changes Development of administrative law enough to effect, in some spheres of social and industrial activity, entirely original and unprecedented methods of dealing with the problems presented therein.

These causes must be considered in any intelligent study of the problem of administrativelaw. From without came the most powerful forces, economic and social; from within came revolt against the impractical technicalities and rigidity of a structure adapted by and for older generations, conditions, and institutions, and which were welded too strongly on the present.

If we look back to the continental United States of we find a territory comprising a gross area ofsquare miles. If we view the United States of we behold a vast expanse of 3, square miles. In such circumstances the country was too busy, too prosperous, in too much of an expanding mood to be greatly concerned with attempts at governmental intervention.

Demands for special regulation were made when striking abusesappeared but there was practically no sentiment for governmental control as a general principle. This developed when the abuses of industry became more clearly recognized, when the moving forces of the expanding period began to slow down, and when it often appeared that the abuses might be more harmful than could be compensated for by the benefits.

A practical need for control developed. The legal system which could assert this control had not kept pace with the rapidly changing structure of society and was not readily adapted to the complex situation which was presented to it for adjustment In the special occasions where industry had dominated the economic life of people they had insisted on protection from the government.

The greatest of these occasions, perhaps, is that which marks the regulation of the railroads. This developed in the early seventies in the revolt of the farmers of the middle west against the high transportation charges and poor treatment by the railroads and their agents.

Eastern capitalists were in control and the revolt against their methods is known as the "Granger Movement. Gradually these administrative agencies were given increased authority until today they are practical managers of many branches of industry formerly considered entirely of private concern. They extended into other fields also, notably in the regulation of public utilities and of securities.

Development of administrative law

The federal government began its excursions into the field of regulation very definitely with the creation of the Interstate Commerce Commission in Following the famous decision in Wabash R.

Illinois5 deciding that a state did not have the power to control intrastate rates on an interstate shipment its powers have expanded until today it is in practical control of railroad management.

What is Administrative Law? - FindLaw

Imagination which made possible the expansion of industry also contributed to measures for its control by administrative agencies. In the late years of the nineteenth century there was a complete lack of any work on administrative law in the English language, while in some European countries, in Germany for example, literature on the subject was notably rich.

The German immigrants who comprised a comparatively large part of the population of the East North Central and West North Central States6 were accustomed to this type of legal administration, and it is not surprising that the system of administrative law should find initiative or at least less resistance here than it would in the more traditionally English sections.

It was this industrialization we have mentioned which brought large numbers of immigrants and continual streams of farmers into the cities. The growing factories brought centralization and concentration of population, and resulted in changing American society from one predominantly rural to one predominantly urban.A to Z is a collection of resources for Ethiopian's legal profession, students, academics and the public.

These links have been collected so that users with an interest in the law and Ethiopia may be able to access the Ethiopian legal information they require more quickly. The site is organized simply into an alphabetical list of law subjects. THE DEVELOPMENT OF ADMINISTRATIVE LAW IN THE UNITED STATES The term "Administrative Law" has no authoritative definition in English.

In the third revision of Bouvier's Law Dictionary by Francis Rawle, published in , the term does not appear. The . Laws of Florida; Florida Statutes; Florida Constitution; Division of Administrative Hearings; Joint Administrative Procedures Committee; regardbouddhiste.com; Florida Department of State.

The Growth and Development of Administrative Law - Download as PDF File .pdf), Text File .txt) or read online.5/5(1).

Development of administrative law

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