administrative law

informal adjudication

Informal adjudication is any adjudication by an administrative agency that is not formal adjudication. Unlike formal adjudication, the Administrative Procedure Act (APA) does not establish procedural requirements for informal adjudication....

informal rulemaking

Informal rulemaking is the most common process through which administrative agencies make rules. It is also referred to as notice-and-comment rulemaking. The Administrative Procedure Act (APA), specifically § 553, outlines the procedural...

Internal Revenue Service (IRS)

The Internal Revenue Service (IRS) is the tax administrator and collector of the United States of America. It’s a bureau of the Department of the Treasury.

In July of 1862, Congress established the Office...

legislative veto

Prominent in the field of administrative law and constitutional law, a legislative veto is a provision that allows a congressional resolution (passed by a majority of Congress, but not signed by the President) to nullify a rulemaking or other...

mandamus

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D....

nondelegation doctrine

The non-delegation doctrine stands for the principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or...

peremptory writ of mandate (or mandamus)

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment...

policy

A policy is a guiding principle that leads a government or agency to make laws or to govern effectively. From a narrow angle, policy also refers to the rules and regulations made by an administrative department. Administrative regulations or...

preemption

Preemption is a doctrine in constitutional law that applies when two authorities conflict with one another. It refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come...

prerogative writ

A prerogative writ is an outdated term for a writ issued by a court exercising unusual or discretionary power (as opposed to a writ of right); a writ directing a governmental agency, official, or other court. The prerogative writs are the...

Pages