Hostname: page-component-cd9895bd7-q99xh Total loading time: 0 Render date: 2024-12-27T09:30:27.810Z Has data issue: false hasContentIssue false
  • English
  • Français

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
Get access Rights & Permissions [Opens in a new window]

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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.

3 Allen, Carleton Kemp, Bureaucracy Triumphant (London, 1931)Google Scholar.

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

5 Biklé, Henry W., “Justice Brandeis and the Regulation of Railroads,” 45 Harv. Law Rev. (Nov., 1931), 12CrossRefGoogle Scholar.

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.

7 Delegated Legislation (Cambridge, 1921), 21Google Scholar.

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.

13 Llewellyn, Karl N., “A Realistic Jurisprudence,” 30 Col. L. Rev., 431, 455Google Scholar.

14 See Dickinson, John, “Legal Rules: Their Function in the Process of Decision,” 79 Univ. of Pa. Law Rev. (May and June, 1931), 835Google Scholar.

15 See especially Kantorowicz, and Patterson, , “Legal Science: A Summary of its Methodology,” 28 Columbia Law Rev. (June, 1928), 679 ffCrossRefGoogle Scholar.

16 On the tendency of arbitrators to regard themselves as controlled by law, rather than to be guided by personal considerations, see Ralston, Jackson H., International Arbitration from Athens to Locarno (Stanford Press, 1929)Google Scholar.

17 Justice and Administrative Law (London, 1928), 72, 73Google Scholar.

18 Robson, op. cit., 298.

19 State ex rel. Wis. Inspection Bureau v. Whitman, 196 Wis. 472 (1928).

20 Hunter, , A Short History of Roman Law (4th ed.), 42Google Scholar.

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

22 Justice and Administrative Law, 324.

Submit a response

Comments

No Comments have been published for this article.