Thursday, December 27, 2018

Public Law

Classifications of Law:


In this introduction to the Law, I will explain the differences between the main categories of the Law so you can understand how it affects you on a daily basis.

Public vs. Private Law?

Public law is any law enacted or approved by someone in a public or governmental position. Examples of such laws include state and federal laws, as well as aspects such as state and federal securities laws, partnership and incorporation procedures, as well as zoning and development classification rules. 
Private law, on the other hand, is created and conducted by two or more individuals to govern their interactions. An example here includes a contract law as agreed between tenants of property and their owners. Another example would be the Associations of Homeowners in which the standards of living in a specific area are governed. Although the procedures to form the contract law may be governed by the Public Law,

The Importance of Administrative Law ?

When this legal body, which is also considered a branch of public law, is not strictly regulated, it can alter the balance in areas such as police law, international trade, manufacturing, the environment, taxes, broadcasting, immigration and transportation. One of the main responsibilities of administrative law is the application of a specific regulatory agenda. When regulation and adjudication are not followed as stated above, it is similar to allowing the 'fox to watch the hen house'.

Under the New Deal legislative plan, President Franklind. Roosevelt and the Democratic Congress enacted several statutes that created new federal agencies to help the United States overcome the economic shortages of the Great Depression. During this time, opponents of The New Deal worried that the nation would allow the extensive government, putting the United States in a position of possible dictatorship. In 1946, after ten years of detailed study of administrative regulation, the Administrative Procedure Law (APA) became law.

To provide constitutional guarantees, the APA develops a scheme for regulatory agencies and their functions. The basic purposes of the APA are:

(1) require agencies to keep the public informed about their organization, procedures and rules;
(2) provide for public participation in the regulatory process;
(3) establish uniform standards for the formal conduct of regulation and adjudication;
(4) Define the scope of the judicial review.


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