Administrative Law is an independent branch of law, by which the state regulates the homogeneous social relations in the sphere of the state executive power, which organizes and directs the law, specified on the social processes. Thus, it is a management right, which is different from other areas of law by the specific subject regulation, legal originality (especially by regulation) and structural features. The subject of Administrative Law is a wide range of social relations arising in connection with the functions of public authorities: government relations in economics, finance, social security; management relations in the system of state authorities and local governments; management relations in the internal organization, the activity of enterprises, institutions and organizations; management relations connected with the implementation of powers and functions of the executive power delegated by the state to the local governments; relations in the field of administrative justice; relations arising in connection with the usage of the measures of administrative responsibility (Aman, Alfred, Mayton, 2001).
Administrative Procedural Act and Delegation Doctrine
An administrative and legal regulation of social relations is the combination of administrative and legal means by which the impact is performed on the relations that arise in the exercise of executive power. The examples of such regulations are the Administrative Procedural Act and Delegation Doctrine. The Administrative Procedural Act and Delegation Doctrine are main two laws, which regulate the administrative relationships. Administrative Procedural Act establishes the order of appeal decisions in the court; actions or inactions of state authorities; local government officials and officers; procedures of the court proceedings, arising from administrative legal relations; the powers of resolving administrative cases by administrative courts; the procedures of appealing to the administrative courts and others (Administrative Procedure Act). Delegation Doctrine gives limitations on the Congress`s possibility to transmit the authorities to the other institutions. With the other words, the Delegation Doctrine cuts the Congress`s powers in order to perform the wise justices in the courts. In addition, the law provides clear standards, uses existing standards for incorporation and determines the public interests (Aman, Alfred, Mayton, 2001).
Through the Administrative Procedure Act and Delegation Doctrine, administrative agencies have licensing, judicial, and executive powers. For example, according to the Administrative Procedure Act, the bodies of the state border service consider cases of administrative violations related to violations border regime or regime of checkpoints across the state border; fire safety authorities consider the cases of administrative offences related to infringements statutory fire safety requirements, failure regulations and decisions of officials on the fire supervision; the bodies of sea and river transport consider the cases on violation of rules on protection order and safety in maritime transport, the rules use means of sea transport, the rules of the protection order and safety on the river transport and low-ships; the bodies of road transport and electric consider the cases on administrative offenses related to violation of the provision of services passenger road transport, usage rules road and electric and others (Administrative Procedure Act).
Kinds of rulemaking
Statutory regulations are the product of a special kind of activity - rulemaking. Rulemaking is the main way of impact on social relations, the main means to make the right legal force. Rulemaking in the legal field and it is basically and mainly state activity, which complete the process of law (construction of civil liberty in law). Rulemaking can be legislative or substantive and non-legislative (interpretive rules and policy statements). Thus, the substantive rules are the major one. These rules have the effect of law, they are obvious to follow for every person in the country and they are the major tool in the courts. The example of such rule can be: “you must not operate your aircraft within 20 miles of a thunderstorm”. The interpretive rules are more likely to be the advice or guidance. They are not forced to follow as substantive for everybody. These rules are similar to warnings, for example, the agency defines in its own way what is “thunderstorm” (Aman, Alfred, Mayton, 2001).
Let`s analyze both types of the law on the example of the advertisement industry. The Lanham Act regulates the trademark relationships in the US. The act is the type of the substantive law and provides the general rules how to regulate the trade market. It includes chapters devoted to the service marks, certificates of registration, assignments, publications and others. For example, according to the chapter “Publications”, the information about the product, that is published, should be 100% true. This rule is strict and obvious to follow for every company. From the other side, there exists the Trade Market union that has its own Trading Act. The rules that are included in the act are obvious to follow only for the member of the union.
In all cases, the rulemaking is different and their objectives, and those principles on which it is based. General principles of rulemaking are: scientism, democracy, justice and internationalism. In certain periods of the development of a state there were the retreat of any principle, but they can not shake the need of the respective beginnings of legislative activity. Rulemaking activities are connected with the manifestation of the public will. Rulemaking can be expressed in the form of the adoption of a single act, that has certain legal norms, and in the form of structured (codification) act, which contains the specified set, the group of norms. The most developed kind of a codification rulemaking. It lays the foundations of the legal system and carries out further development of legislation.
Talking about the balance between administrative agency powers and constraints, to my mind it is possible. The only thing that should be done, the rules shouldn`t cancel each other and bring the chaos to the whole structure of law.