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Effects of the Growth of Administrative Law upon Traditional Anglo-American Legal Theories and Practices

Published online by Cambridge University Press:  02 September 2013

Charles Grove Haines
Charles Grove Haines
Affiliation:
University of California at Los Angeles
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Extract

The development of Anglo-American law has been greatly influenced by certain theories and doctrines which have directed and conditioned the evolution of administrative law. Foremost among these are the political and legal theory of the separation of governmental powers and a juridical doctrine relating to the nature and scope of law itself. Briefly, the theory of the separation of powers, which is commonly announced as a fundamental principle of American constitutional law, and is implicit in some phases of English law, is to the effect that laws are made by the legislature, executed by the executive, and interpreted and applied by the courts. As a correlative of this doctrine, it is understood as essential that none of these departments may delegate powers which properly belong to it to either of the other departments, in order that, as the Massachusetts constitution expresses it, “there shall be a government of laws and not of men.”

Type
Public Administration and Administrative Law
Information
American Political Science Review , Volume 26 , Issue 5 , October 1932 , pp. 875 - 894
Copyright
Copyright © American Political Science Association 1932

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References

1 McClintock, Henry L., “The Administrative Determination of Land Controversies,” 9 Minn. Law Rev. (Apr., 1925), 420, 641Google Scholar.

2 Hewart, Lord, The New Despotism (London, 1929)Google Scholar.

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4 Commonwealth Tel. Co. v. Carley, 192 Wis. 464.

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6 A typical industrial accident law provides that from the date of an injury, upon notice and after opportunity to be heard, the commission may rescind, alter, or amend an order, decision, or award made by it upon good cause. The commission also has the right “to review, grant, or regrant, diminish, increase, or terminate within the limits prescribed any compensation awarded upon the grounds that the disability of the person in whose favor such award was made has either recurred, increased, decreased, or terminated.” Such review is usually confined to cases in which new facts have arisen.

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8 23 Stat. C. 335.

9 United States v. Babcock, 250 U. S. 328 (1918).

10 Ex parte Ringer, 2 S.L.L.R. 718, 126 L.T.R., 116. According to the Small Holdings Act, 1908, 39(3), orders “when confirmed shall become final and have effect as if enacted in this act; and the confirmation shall be conclusive evidence that the requirements of this act have been complied with and that the order has been duly made and is within the powers of this act.”

11 Laws, 1931, Chap. 103, secs. 61-102.

12 Chester v. Bateson (1920), 1 K.B., 829.

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21 Politics and Criminal Prosecution (New York, 1929), 46, 47Google Scholar.

22 Justice and Administrative Law, 324.

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