Jurisprudence (Essay Sample)

JURISPRUDENCE
In Administrative action, rule-making refers to the process that executive and independent agencies use to create, or promulgate, regulations. Administrative law is the branch of law governing the creation and operation of administrative agencies.  Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large. 
The jurisprudence on administrative action is associated by Pound on his book "Rejection of the model of rules 1951" while a lecturer at the university of Chicago. He was inspired by sociologist Edward Ross theory of organic nature of social development and about the nature of social control in which law was considered in one aspect. The concept of administrative action was developed as a rejection of analytical jurisprudence and traditional common law thinking.
In this theory, Law is distinguished from laws and viewed as a system of authoritative action recognized or existing in a politically organized society. (Pound 1959 II:106) law in this broad view is not merely a model of rules but a doctrinal system of a government. Justice Holmes in Lochner v Newyork (1905) the court refused to follow the mechanistic reasoning of the majority of the United States Supreme Court in striking down as unconstitutional a statute limiting employers working hours. Holmes dissent has been hailed as best exposition of sociological jurisprudence.
Administrative actions are governed by administrative law which is basically the law which governs government business. In both civil and common law countries this functions are divided into ‘public law functions’ and public law functions. A private law function governs the relationship between individual citizen and the state. E.g. if an individual who works in a government factory is injured during in the course of his duties, he can sue for compensation as a "private law function”. However if the residents of surrounding community were concerned about a state decision to expand the state owned factory because of environmental pollution the legality of the decision who be reviewed by the courts as a private law function and as such the law gives citizens power to challenge government actions.[Putting the ‘service’ into civil service in Latvia: Law The Baltic Times, 11-17 November 1999]
Administrative actions are subject to administrative review, the question is not whether a particular decision id right or if the judge, he been the government official would have made a different decision. The questions are; is there power or discretion to make such decision? Which the law conferred such power? And has that power been unlawfully exceeded? An act taken in exercise of a discretionary power should be subject to judicial review by a court or other competent body; however this does not exclude the possibility of a preliminary review by an administrative authority empowered to decide both on legality and on the merits. in England, a local authority was given the statutory power to provide wash houses where people could come and do their own laundry. A court decided that this power was not sufficiently broad to permit a local authority to open a full...