What is Administrative Law? Origins and Examples

Administrative law is the branch of law that deals with the rules, regulations, and decisions made by government agencies and departments. These agencies are responsible for putting laws into action, and ensuring that policies set by Congress or state legislatures are properly implemented. Administrative law plays a crucial role in shaping how government bodies oversee important areas like business regulations, workplace standards, environmental protection, civil rights, taxation, and public services such as transportation and communication.

In this post, we’ll explore what administrative law is, why it matters, and look at some real-world examples of how it impacts our daily lives.

What is Administrative Law?  

Administrative law is the legal foundation that guides how government agencies operate and interact with the public. It ensures that government actions follow established laws and principles, much like how the broader legal system guarantees justice under the law. Since administrative law governs the exercise of power by the executive branch, it plays a critical role in constitutional, political, and legal matters.  

While there isn't a single agreed-upon definition of administrative law, it generally covers the structure, powers, and responsibilities of government agencies. It also addresses how these agencies interact with each other, private citizens, and organizations. Additionally, administrative law sets out the legal processes for holding government agencies accountable and protecting the rights of individuals affected by their decisions.  

Administrative law is closely linked to constitutional law, making it difficult to draw a clear line between the two. While constitutional law typically deals with the structure of government—such as the roles of legislatures, courts, and executive leaders—administrative law focuses on the rules and procedures guiding government agencies and how their actions can be reviewed by courts. Together, they help ensure a fair and balanced system of governance.

If you are facing legal disputes, a Central Coast lawyer can help you out. 

The Origins of Administrative Law  

Administrative law governs how government agencies operate, interpret laws, and enforce regulations. While agencies have significant power, they must follow constitutional and statutory limits.  

Congress creates two types of laws: statutory law, which directly affects citizens (e.g., drinking age laws, anti-trust regulations), and administrative law, which guides government agencies (e.g., the creation of the EPA and Department of Transportation). Since Congress lacks the time or expertise for complex details, agencies fill in the gaps by issuing regulations.  

Many people encounter administrative law when dealing with government benefits, such as Social Security. Agencies like the Social Security Administration (SSA) manage applications, determine eligibility, and enforce anti-fraud rules to serve public interests.  

Key Milestones in U.S. Administrative Law  

1. Federal Register & Code of Federal Regulations (1935): As President Roosevelt’s New Deal created more agencies, these publications were established to track government rules and regulations.  

2. Administrative Procedure Act (1946): Introduced standardized rulemaking, requiring agencies to publish proposed regulations and allow public feedback, ensuring transparency.  

Additionally, judicial review allows courts to ensure that agency regulations comply with the Constitution. Administrative law remains essential in shaping policies, protecting public interests, and maintaining government accountability.

Civil Law vs. Common Law  

Legal systems worldwide generally fall into two categories: civil law and common law. Around 150 countries, including France, Germany, China, Japan, and Spain, follow civil law, while about 80 nations, including the United States, England, India, and Canada, use common law. Some, like South Africa, combine elements of both.  

Common Law

Common law systems rely heavily on precedent past court rulings to guide future decisions. Judges interpret laws and apply previous case rulings, which can sometimes lead to unfair outcomes if poor precedents exist. Additionally, if no prior case exists, courts may face challenges in making decisions.  

In trials, judges serve as neutral referees, while a jury determines the facts. Laws are based on a mix of judicial precedents and statutes passed by legislatures.  

Civil Law

Civil law systems emphasize written legal codes created by legislatures. These laws are comprehensive and regularly updated, covering all possible legal matters, procedures, and penalties.  

Judges in civil law countries act more like investigators, leading proceedings by examining evidence, questioning witnesses, and applying established laws. Juries are rarely used—instead, a judge or a panel of judges determines both the facts and the applicable legal principles.  

Both systems have strengths and weaknesses, with common law offering flexibility and civil law providing clearer legal frameworks.

Administrative Law Example

A key example of administrative law in action is the net neutrality debate.  

• In 2015, the Federal Communications Commission (FCC) enacted net neutrality rules, preventing internet providers from blocking, slowing, or prioritizing certain content.  

• In 2017, under the Trump administration, the FCC repealed these rules after pressure from internet providers.  

• In 2024, the Biden administration reinstated net neutrality, but a trade group sued, and an appeals court temporarily blocked the regulations.  

• In January 2025, the court ruled in favour of the trade group, striking down the FCC’s regulations.  

The FCC’s authority in this matter is defined by administrative law, which establishes its power to regulate, the procedures it must follow, and how its decisions can be challenged in court.  

The Bottom Line

Administrative law governs how federal and state agencies operate, outlining their powers, rule-making processes, and limitations. It plays a crucial role in shaping policies that impact businesses, consumers, and society.