the principles of the administrative law of the united states

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. ADMINISTRATIVE LAW. Administrative law, from the point of view which has been taken, should deal exclusively with this function of administration which has been differentiated. But from the point of view of the generally accepted legal terminology its scope is somewhat larger. Administrative law not only treats of the function of administration, i. e., the execution of the law, thus determining the competence of the executive or administrative officers of the government, it has also to supplement constitutional law. For while constitutional law in theory should deal with the entire structural organization of the government, as a matter of fact it has to do merely with the general form of the government and the relations of the most important governmental authorities, one with another. Administrative law takes up this work where constitutional law leaves it, and carries out in its minutest details the general plan of governmental ; organization laid down by constitutional law. Thus the constitutional law provides for a chief executive; the administrative law proceeds to organize the various executive departments through which the executive authority acts. With this important exception, however, administrative law deals with the execution of law, with the work of governmental authorities whose existence is to be presumed and whose organization is determined by the constitutional law. AdministratiyeJawJiealS- of the powers and duties of officers whose main function is to execute the law. Tt is to be remembered, however, that, in so far as the administrative law determines the competence of such officers, it indicates what are the rights of the individual which the administration must respect and the remedies to which jhejndividual may resort in case the admini...
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1146457170

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