File Name: constitutional and administrative law revision notes .zip
- Cases & Materials on Constitutional & Administrative Law
- Administrative Law (Lecture Notes)
- Administrative law
- Administrative Law (Lecture Notes)
Cases & Materials on Constitutional & Administrative Law
The year was a banner year for amendments to the Florida Constitution. One of the more obscure, but most significant amendments proposed by the commission and approved by the voters, was an amendment to prohibit all Florida state court justices, judges, and administrative law judges from deferring to administrative agencies in the interpretation of the statutes and rules they are charged to administer.
Natural Resources Defense Council, Inc. The Florida prohibition of agency deference applies at every level of the courts of the state and to every officer who hears an administrative action under general law, prominently including actions arising under the Florida Administrative Procedure Act.
Although Chevron remains the law at the federal level, at least for now, there is a national insurgency, including among several members of the U. Florida is leading the way in the movement to abandon the practice with the passage of art.
This article describes how Florida became a leading force in the movement. In Florida, agency deference first appeared in the case of Lee v. Gulf Oil Corp. Eight years later, in City of St. Petersburg v. Carter , 39 So. However, it is often persuasive and great weight should be given it. Canada Dry Bottling Co. Although not necessarily controlling, as where made without the authority of or repugnant to the provisions of a statute, the contemporaneous administrative construction of the enactment by those charged with its enforcement and interpretation is entitled to great weight, and courts generally will not depart from such construction unless it is clearly erroneous or unauthorized.
The s brought an outbreak of cases that applied the agency deference doctrine after Chevron was decided. In fact, Florida courts repeatedly clung to it, as its use more than tripled from the s to the s with more than 20  reported appellate decisions. The trend continued in the s with greater than 45  reported appellate decisions applying agency deference, and it showed no signs of stopping with nearly  reported appellate decisions since The advent of the agency deference doctrine in Florida mirrored its federal counterpart, but its effect on Florida decisions was far more draconian.
In addition, deference was routinely given to any interpretation that was not clearly erroneous. As Chevron deference began to reach an apogee in federal courts, deference to agency interpretations of statutes and rules was seemingly unassailable in Florida.
Supreme Court observers and academics have found no evidence from what is known about the internal deliberations of the Court that any of the participating justices viewed Chevron as a decision of significance at the time. In the midst of this, four current members of the U. For example, in City of Arlington v. FCC , U. In his dissenting opinion, Chief Justice Roberts advocated for limiting Chevron :. An agency interpretation warrants such deference only if Congress has delegated authority to definitively interpret a particular ambiguity in a particular manner.
Whether Congress has done so must be determined by the court on its own before Chevron can apply. In Michigan v. EPA , S. Before his elevation to the Supreme Court, Justice Gorsuch also challenged the continued desirability of Chevron deference in Gutierrez-Brizuela v. Lynch, F. Former members of the Supreme Court also questioned the practice of agency deference.
He expressed this concern in his concurrence in Talk America, Inc. Michigan Bell Telephone Co. It seems contrary to fundamental principles of separation of powers to permit the person who promulgates a law to interpret it as well. Later, in Perez v. Mortgage Bankers Association , S. Robbins , U. As for the federal circuit courts of appeals, last year, the Harvard Law Review published a survey of 42 sitting federal appellate judges, which was conducted by Professor Abbe Gluck of Yale University and former Court of Appeals Judge Richard Posner.
The opponents of Chevron deference were divided equally among philosophical persuasions. Judges in Florida have been similarly critical of agency deference. In Housing Opportunities Project v. An important separation-of-powers issue lurks just below the surface, however. There is no reason for the rule when we are as capable of reading the statute or rule as the agency, which may well have its own…agenda.
Reemployment Assistance Appeals Commission , So. In a concurrence, a co-author to this article probed the limits of the judicially manifested doctrine:. I concur in the result in this case. Finally, there is evidence that even those judges whose every case has an arm or department of a state or local government as a disputant, the administrative law judges who serve under the Florida Department of Administrative Hearings, are peculiarly uncomfortable applying agency deference in their judicial proceedings.
As one of their number, Judge John G. Van Laningham, recently explained:. Unlike the judiciary, ALJs are participants in the decision-making processes that lead to administrative interpretations of statutes and rules — the very administrative interpretations to which courts defer. Why have judges and legal scholars inveighed against the agency deference doctrine?
It also posed grave due process and separation of powers issues. Unlike the U. Constitution, Florida has an express separation of powers provision in its constitution. No person belonging to one branch shall exercise any power appertaining to either of the other branches unless expressly provided herein. In Florida, the robustness of the doctrine is well recognized. Schiavo , So. Courts Have Recognized the Existence of Art. Agency deference often permitted biased judgment in favor of the government and left disadvantaged litigants in its wake, all while the administrative agencies continued to burgeon at the expense of its opponents.
The elimination of agency deference in Florida enhances the rule of law and the appearance of neutral, evenhanded justice. It thwarts the concentration of unfettered power against which James Madison warned in Federalist Paper No. The 12 amendments proposed in the general election were the most proposals to appear on the ballot since the supermajority requirement was adopted.
In addition, the 12 amendments obtained the highest overall passage rate ever recorded. Commission proposals were bundled together into seven proposals for an up or down vote on each for ballot presentation purposes.
The eradication of the agency deference doctrine in Florida courts is the only structural amendment among those proposed and adopted. State Bd. Manpower, Inc. Bank v. Dunn , 85 So. Home News Pub. McKay , 90 So. Green , 85 So. State Tpk. Brewer Co. Volusia Jai-Alai, Inc. Ring , So. Biscayne Kennel Club v.
Regulation , So. Kilbreath , So. Frandorson Props. Alachua Cty. Nichols , So. Moore , So. Regulation, Div. Johnson , So. Dade Cty. Jacobs , So. Agency for Persons with Disabilities , So. Agency for Health Care Admin.
Beard , So. Volusia Hosp. Baptist Hosp. See, e. Powell , U. Supreme Court. This concept is commonly known as Auer deference. Sessions , S.
Administrative Law (Lecture Notes)
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making , adjudication , or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals , boards or commissions that are part of a national regulatory scheme in such areas as police law , international trade , manufacturing , the environment , taxation , broadcasting , immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions.
As a global organisation, we, like many others, recognize the significant threat posed by the coronavirus. During this time, we have made some of our learning resources freely accessible. Our distribution centres are open and orders can be placed online. Do be advised that shipments may be delayed due to extra safety precautions implemented at our centres and delays with local shipping carriers. Law Trove.
The year was a banner year for amendments to the Florida Constitution. One of the more obscure, but most significant amendments proposed by the commission and approved by the voters, was an amendment to prohibit all Florida state court justices, judges, and administrative law judges from deferring to administrative agencies in the interpretation of the statutes and rules they are charged to administer. Natural Resources Defense Council, Inc. The Florida prohibition of agency deference applies at every level of the courts of the state and to every officer who hears an administrative action under general law, prominently including actions arising under the Florida Administrative Procedure Act. Although Chevron remains the law at the federal level, at least for now, there is a national insurgency, including among several members of the U. Florida is leading the way in the movement to abandon the practice with the passage of art.
Administrative Law cHaPter 1 I. Overview Administrative law is the study of governance. While Congress creates
Administrative Law (Lecture Notes)
LLB course students. Criminal laws are prospective in application unless favorable to the accused. The law lecture notes below were written by our expert writers, as a learning aid to help you with your studies.
The British constitution has a variety of written and unwritten sources: legislation, case law, the prerogative, constitutional conventions and Parliamentary sovereignty. This Practice Note identifies the various sources, their operation and any limitations and developments. This Practice Note covers various definitions of the rule of law, an explanation of its extent, comparison with other countries and interaction of the rule of law with both EU law and the European Convention on Human Rights. Under the constitutional monarchy, the monarch plays a key role which has developed over time. This Practice Note examines the operation of conventions and royal prerogatives, the issue of confidentiality and the role of the monarch in opening and dissolution of Parliament, the process of Royal Assent on Bills from the legislature and succession. This Practice Note examines the doctrine of the separation of powers.
Disclosure of Personal Data
Самая большая стоянка такси в Севилье находилась всего в одном квартале от Матеус-Гаго. Рука Халохота потянулась к пистолету. Adios, Senor Becker… La sangre de Cristo, la сора de la salvacion. Терпкий аромат красного вина ударил в ноздри Беккера, когда падре Херрера опустил перед ним серебряную, отполированную миллионами рук чашу. Немного рано для алкогольных напитков, подумал Беккер, наклоняясь.
Он посмотрел вверх, на крышу трехэтажного дома, развернулся и бросился назад, но почти тут же остановился. В некотором отдалении от него возникла фигура человека, приближавшегося медленно и неотвратимо. В руке его поблескивал пистолет. Беккер, отступая к стене, вновь обрел способность мыслить четко и ясно. Он почувствовал жжение в боку, дотронулся до больного места и посмотрел на руку.