Administrative law

Regulation needs to occur in regards to innovative technology but also trade technology specifically. Trade has moved on with the advancement of technology to make trade easier. To stay in the past with our current policies would be nonsensical. If companies and their methods are advancing, the rules of the game must also advance with them. The policies and regulations from the CFTC “…have stayed pretty much the same. Most of the CFTC’s rules were written for 20th century analog markets”…

In this paper, I will focus on the process involved in the Site Plan Control application process. Site Plan control is enabled through Section 41 of the Planning Act. Municipalities pass a Site Plan control by-law that details in where and under what circumstances approvals for development are required, site plan control is normally applied to allow industrial, commercial and institutional uses and may also include select residential areas (eg. Heritage districts…

implementing the purpose as laid out in the statues. The laws surrounding federal agencies are administrative laws. A statutory law is a law that is written, usually enacted by a legislative body. In addition, a common law, or case law, allows judges to render decisions based on the ruling of earlier cases. Common law is guided by the regulations set forth in federal of state statutes, but it does not rely exclusively on those written laws. It was derived from custom and judicial precedent…

Lord Diplock defined the ground illegality as the requirement for decision makers to understand the law that regulates their decision-making power and give its effect . Nevertheless, a decision can be held as illegal for different reasons. In the case Wheeler v Leicester City Council , the city council used their statutory powers to punish the rugby club for refusing to follow the council’s own views on the South African rugby boycott . In favour of the Club, House of Lords upheld that the…

Merits review considers the facts and law as they are at the time of review. Another advantage of merits review is that the Court is not bound by strict rules of evidence, and proceedings are often faster, cheaper, and easier for those that self-represent. The CAA is Commonwealth legislation, so merits review is conducted at the Administrative Appeals Tribunal (AAT). Merits review allows for a decision to be determined on its merits of fact and law. Merits review can vary, affirm, or set aside…

approach to judicial review on the ground of errors of law from the common law approach? If so why and in what way? If not, why? The new constitutional dispensation warrants a shift in the approach to judicial review on the ground of errors of law from the common law approach. This essay will argue that the shift has already occurred, but it is not a case of leaving the old ways of doing things in the past. By exploring the evolution of the common law approach and the concept of deference,…

Congress is made up of the Senate and the House of representatives, the responsibility of the legislative branch is to make laws. The executive branch that consists of The President, The Vice-President and The Cabinet are all responsibility for carrying out and making sure laws are being followed. Lastly there is the judicial branch, which has to job of interrupting and applying the laws. 1B. The United States federal government consists…

government, that act as administrative arms of the state. The major local governments in Texas are the municipal and the county governments (Maxwell,271). County governments provide governmental services for the benefit of their residents and administrative services on behalf of the state. The primary administrative services offered by the county governments include road construction and maintenance, health, and law enforcement jails and courts, welfare. The administrative…

In Administrative law, standing is defined as a legally protectable interest that a person has in a dispute that gives them the legal right to file a petition or bring a lawsuit before the court of law to obtain a legal remedy. The standing doctrine concept derived from Article III § 2 of the U.S. Constitution that limits the jurisdiction of federal courts to hear cases involving controversy matters. Daniel E. Hall, Administrative Law: Bureaucracy in a Democracy, 251-252 (6th ed. 2015). On the…

Describe only the limits of confidentiality as required by your state laws. How do these compare to the requirements of the APA ethics code? How would you explain these to future clients in words they can understand? Support your discussion with specifics and at least one scholarly citation. The Florida Administrative Code & Florida Administrative Register Department of Health Division of the Board of Psychology Chapter of Psychological Records of Confidentiality 64B19-19.006, Florida…