The Political Environment Threaten and Violation of Basic Legal Commands Essay

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It is widely believed by many scholars and legislators that administrative law must not be influenced by politics and the state; its primary objective is to regulate the functioning of governmental agencies as well as their relations with the society. It must be “detached from the context of ideologies” (Scott & Felix, 1997, p 29; Ronsenbloom, 2003). However, the examples, presented in the case study indicate that this is not always so and that ideologies may give rise to a violation of basic legal commands. The fact that the National Endowment of Arts yielded to political pressure suggests that this branch of legislation can be affected by the views or stereotypes, predominant in American society. So, we need to analyze the implications of this phenomenon.

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In order to address this question more confidentially, it is necessary to refer to the legislative acts, adopted by the government, which make administrative law more exposed to the world of politics. In particular, we need to refer to Administrative Procedures Act, which endows the federal agencies with the right of rulemaking and interpreting the law1. Certainly, this bill has benefits, but it gives a leeway to the officials who can adjust the legislation to their own political preferences.

Furthermore, the administrative agencies are also entitled to the right of adjudication or decision-making. In theory, this process must not be connected with the political environment (Harrington & Carter, 2009). Yet, the decision to overturn grant recommendations for four sexually-explicit artists is the evidence of political bias. There are other cases, which eloquently prove that politics can infringe upon administrative law: namely the deregulation of national airlines. The deregulation is still briskly debated by many lawyers and politicians because it shows how the administrative law can serve the interests of the corporations (Harrington & Carter, 2009, p 24).

There are several fields of administrative law, which seem to be particularly relevant to this question, for instance, the public procurement, environmental protection, taxation, privatization of economy and so forth. It is vital that that these areas remain impervious to political ideologies. All of these spheres play a crucial role in the life of the society and they must serve the interests of the community rather than the interests of separate people. This is one of the reasons why the relations between the administrative law and politics have drawn so much attention of the public.

At this point, we can speak of several important issues which arouse the interest of lawyers and policy-makers. One of them is the role of government in free market economy. It is necessary to determine whether administrative law should support the policy of state regulation or laisser-faire capitalism. Another issue, which should be discussed, is the transparency of the decisions, made by administrative judges. The key task is to ensure that their judgment is objective. The rules, which they establish and the process of adjudication must not be impacted by the political affiliations of the officials.

This analysis suggests that at the present moment administrative law is influenced by political environment. Furthermore, under some circumstances, this leads to the biased interpretation of the legislation. Most importantly, this does not always work for the benefit of people. The case under consideration shows how the actions of the judges are not always in accordance with the legislation of the country.

Reference List

Harrington, C. & Carter, L. (2009). Administrative Law and Politics: Cases & Comments.(4th Ed.) Washington, DC: CQ Press.

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Rosenbloom, D. (2003). Administrative Law for Public Managers. Boulder, Co: Westview Press.

Scott D. & Felix A. 1997. Principles of administrative law. NY: Routledge.

The US Government (2005). Administrative Procedure Act. Web.

Footnotes

Please, refer to Administrative Procedures Act, Subchapter 2 Administrative Provisions.

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IvyPanda. 2021. "The Political Environment Threaten and Violation of Basic Legal Commands." December 22, 2021. https://ivypanda.com/essays/the-political-environment-threaten-and-violation-of-basic-legal-commands/.

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IvyPanda. "The Political Environment Threaten and Violation of Basic Legal Commands." December 22, 2021. https://ivypanda.com/essays/the-political-environment-threaten-and-violation-of-basic-legal-commands/.

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