* The Constitution and Government Structure
Expert-defined terms from the Professional Certificate in Constitutional and Administrative Law course at UK School of Management. Free to read, free to share, paired with a globally recognised certification pathway.
**Administrative law** #
The branch of law that governs the activities of administrative agencies of government. It is concerned with the procedures and rules that administrative agencies must follow when making decisions and implementing laws.
**Adjudicative function** #
The function of administrative agencies that involves resolving disputes and making binding decisions. This function is similar to that of a court, and is often carried out through hearings and other formal procedures.
**Administrative Procedure Act (APA)** #
A federal law that governs the procedures that administrative agencies must follow when making rules, holding hearings, and making decisions. The APA sets out the basic requirements for notice, comment, and hearing, and establishes the standards for judicial review of agency actions.
**Agency** #
A government entity that is authorized to perform a specific function or set of functions. Agencies can be created by the legislative, executive, or judicial branches of government, and can be independent or part of a larger department.
**Bill of Rights** #
The first ten amendments to the United States Constitution, which protect individual rights and liberties from infringement by the federal government. The Bill of Rights includes provisions on freedom of speech, religion, and the press, as well as protections against unreasonable searches and seizures, self-incrimination, and double jeopardy.
**Checks and balances** #
The system of separation of powers that divides government authority among the legislative, executive, and judicial branches. The purpose of checks and balances is to prevent any one branch from becoming too powerful, and to ensure that each branch can check and balance the others.
**Constitution** #
The fundamental law of a nation or state that establishes the framework of government and the rights and liberties of citizens. In the United States, the Constitution is the supreme law of the land, and all other laws must be consistent with it.
**Due process** #
The constitutional requirement that the government must provide individuals with fair and impartial procedures when taking actions that affect their life, liberty, or property. Due process includes both substantive and procedural protections, and requires that the government provide notice, a hearing, and an opportunity to be heard before taking adverse actions.
**Federalism** #
The system of government in which power is divided between a central government and smaller, regional governments. In the United States, federalism is based on the Constitution, which divides authority between the federal government and the states.
**Judicial review** #
The power of courts to review the actions of administrative agencies and other government entities to ensure that they are consistent with the Constitution and laws. Judicial review allows courts to invalidate actions that are unconstitutional or otherwise unlawful, and to provide remedies for individuals who have been harmed by such actions.
**Legislative function** #
The function of administrative agencies that involves making rules and regulations that have the force of law. This function is similar to that of the legislative branch of government, and is often carried out through notice-and-comment rulemaking procedures.
**Non #
delegation doctrine**: The constitutional principle that limits the ability of Congress to delegate its legislative powers to administrative agencies. The non-delegation doctrine requires that Congress provide an intelligible principle to guide agency action, and prohibits blanket delegations of legislative power.
**Preemption** #
The doctrine that federal law supersedes state law when the two conflict. Preemption can occur through express language in a federal statute, or through implied preemption based on the nature and scope of the federal law.
**Procedural due process** #
The constitutional requirement that the government must provide individuals with fair and impartial procedures when taking actions that affect their life, liberty, or property. Procedural due process includes notice, a hearing, and an opportunity to be heard before the government takes adverse actions.
**Regulation** #
A rule or standard that is promulgated by an administrative agency and has the force of law. Regulations are used to implement and enforce laws, and can cover a wide range of topics, from environmental protection to consumer safety.
**Rulemaking** #
The process by which administrative agencies create and amend regulations. Rulemaking typically involves notice-and-comment procedures, in which the agency publishes a proposed rule, accepts comments from the public, and then issues a final rule.
**Separation of powers** #
The principle that the powers of government should be divided among separate branches to prevent any one branch from becoming too powerful. In the United States, separation of powers is based on the Constitution, which divides authority among the legislative, executive, and judicial branches.
**Statutory construction** #
The process of interpreting and applying statutes. Statutory construction involves analyzing the text, structure, and history of a statute to determine its meaning and scope.
**Substantive due process** #
The constitutional requirement that the government must provide individuals with fair and impartial procedures when taking actions that affect their life, liberty, or property. Substantive due process prohibits the government from taking actions that are arbitrary, capricious, or violate fundamental rights.
**Ultra vires** #
The doctrine that administrative agencies and other government entities lack the authority to take actions that are beyond their statutory or constitutional powers. Ultra vires actions can be challenged in court, and may be invalidated by a court.
**Vested rights doctrine** #
The principle that certain rights, once granted, cannot be taken away without due process of law. The vested rights doctrine is based on the idea that individuals have a property interest in their rights, and that the government cannot interfere with those rights without providing fair procedures and compensation.
**Writ of mandamus** #
A court order that commands a public official or administrative agency to perform a duty that is required by law. A writ of mandamus is typically used when the official or agency has failed to act, or has acted in an unlawful manner.