Constitutional and administrative law with updating supplement
Edwin Simpson (BCL 1989, MA 1990) is an Official Student (or Tutor) in Law at Christ Church, and the Barclays Bank Lecturer in Taxation in the University. His interests focus around theories of the public sphere and of property, and naturally meet in topics such as trusts law, juripsrudence, highway law, and the law of taxation.He teaches Trusts, Jurisprudence, and Taxation Law (FHS); and Trusts and Global Wealth Taxation (BCL/MJur/MLF).In particular it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009.It is an essential purchase for all who already own the Main Work, and maintains its currency.The Act is comprised of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in general terms. The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts. Finally, the agencies have much less procedural limitations in its guidance actions, where the agencies can issue interpretive rulings or guidance letters explaining its stance on certain rules, etc, but without the force of law. Supreme Court has established three different levels or standards of judicial deference in three landmark cases: Chevron U. One important aspect of the administrative law is the judicial deference given by the courts to the agencies.
The administrative law judges are to adjudicate claims or disputes involving the agency, as an impartial trier of fact and law, and are prohibited by APA from engaging in any ex parte contact with the agency, unless upon notice and opportunities to all parties involved in the proceeding.
Administrative agencies have two major functions: rulemaking and enforcement (adjudication).
The Administrative Procedure Act (5 USC § 551 et seq.) provides the rulemaking requirements, hearing procedures, and adjudicatory standards and procedures for federal agencies.
The APA further prescribes certain procedural rules by which the agencies need to follow before acting in one of the functions listed. Third, If the Chevron or Skidmore deference do not apply, the Skidmore deference applies, in which the courts do not give a binding deference to the agency’s interpretation, but give varying amount of deference according to the agency’s expertise in the particular matter.
The APA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies.