Introduction
Administrative Law is the section of law which integrate several areas of law that include procedures and regulations for government agencies and bodies, it enforces power of agencies, defines scope of agency authority mainly individual privacy. The assignment shall evaluate on whether a ruling which was done to automatically terminate licenses of commercial pilots at the age of 60 if it denied them their opportunity to be heard and the appropriate decision which the court should reach in this lawsuit.
Age discrimination
The ruling is discriminatory on age as it has denied the commercial pilots whose age is more than 60 years. Such control on licensing should be stipulated on the administration of pilot licensing which should specify the age limits that one is required. According to Carter & Harrington, (2009) rulemaking is the greatest inventions in modern government and it uses ruling to administer agencies and its judgment does not depend on any information generated by the parties which are contending. Therefore, any of groups or citizen is free to submit their evidence. At times the power of agencies to issue ruling has led most of the agencies to fear on legislative power which modern administration has (Davis, 2007). Politicians have as well expressed their concern on such agencies which has such legislative rulemaking authority would become much too powerful. Masur, (2007) argued that agencies do not need rulemaking limits because they act in legislative manner although fear of administrative dictatorships has been replaced by concerns about administrative ineffectiveness.
Licenses termination
Termination of licenses of the pilot is mainly based on age discrimination which is against the discriminatory law which stipulates that. Employees should not be discriminated in terms of age or any other differences but for the case of this case the pilots are being discriminated (Harrington & Christine, 2006). However, termination of the licenses would not deny the opportunity to be heard as they would present their case in a court of law for the certificates to be reinstated. Although they would only be able to present the case at a personal level because without the certificates they would not be members of the agency hence the agency would not present their case to the court in their behalf (Davis, 2007).
Decision of the court
The court should make its decision in this lawsuit by mainly consulting the agencies which control or regulate issuance of commercial certificates for pilots. The court should study the rules and procedures which govern such issuance and indentify all the procedures which should be followed in termination of the licenses. According to Goodson, (2005) the court should further compare if the procedures and regulations of such an agency conform to the rule of law which is enacted by the parliament.
According to William & Fox, (2006) the laws legislated by parliament are superior and agencies should not formulate their own administrative laws which does not conform to it. For example; an agency would not formulate an administrative law which discriminate in terms age, define a retirement age which is beyond what has been stipulated by the law. Therefore, the ruling of the court should be purely based on the regulations of the agencies and affirm on them provided they are not contradicting with the laws legislated by parliament.
References
Carter, L & Harrington, C. (2009). Administrative Law and Politics: Cases & Comments. Washington: CQ Press
Davis, K. (2007). Administrative Law. St Paul: West Publishers.
Goodson, J. (2005). Federal Administrative Law. Web.
Harrington, Z & Christine, B. (2006). Accounting for Accountability in Neoliberal Regulatory Regimes: Public Accountability Designs, Dilemma & Experiences. Cambridge: Cambridge University Press.
Masur, J. (2007). Judicial Deference and the Credibility of Agency Commitments. Vanderbilt Law Review. 60(2007): 1021.
William F., & Fox, J. (2006). Understanding Administrative Law. New York: McGraw-Hill