Administrative Law & Due Process
The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious legal action is not to be taken without notice to those impacted, and that deleterious legal action is not to occur -- even when notice has been given -- without sufficient consideration and evidence that the action is appropriate under the law.
However, due process has been found by the courts to be adequate in both a pre-termination and a post-termination, as determined by a three-part test. In the first test, the impact on the person and the nature of the private interest are considered. The second test considers the risk that an erroneous decision imposes on the parties. Finally, the third test considers the necessary balance between the government and the individual, especially as it applies to further cases and interpretation of policies and laws. Discussion is focused here on deprivation of liberty and property and the imposition of unwarranted discrimination.
In Board of Regents v. Roth (1972), property as a form of employment was found to be dependent upon a contractual relationship between an employee and an employer in which the expected continuation of employment is contractually established. Without tenure, Roth did not have a reasonable expectation of continued employment, which would be considered property in a position as an employee of a public organization. It follows that Roth could not be deprived of a property he did not possess. Further, despite some negative comments about his employer, Roth's dismissal was private and did not afford opportunity for any harm to his reputation, such that future job-seeking would be damaged. The court also found that Roth's constitutionally protected rights to freedom of speech and association had not been infringed, rendering Roth's complaint about his liberty interest insubstantial.
In Pickering v. Board of Education (1968) the court found that a teacher was wrongfully terminated by the school district for writing...
Fairness and due process were not all that were learned in the course, however. Agency discretion is another significant issue today, and it is important here to name, describe, and give an example of two different types of agency discretion as seen in Hall's (2004) textbook. The first one of these is prosecutorial discretion, and this took place in the case of General Motors v. Federal Energy Regulatory Commission. Prosecutorial
Administrative Agencies and Due Process In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student of instruction and the opportunity to learn. 676 F. Supp. 749, 752. Ingraham v. Wright, 430 U.S. 651 (1977). In Ingraham, petitioner students filed an action pursuant to 42 U.S.C.S. § 1981-1988, seeking damages
Introduction In the United States, the concept of due process is a fundamental principle that ensures fairness and justice in the legal system. Due process is enshrined in the Fifth Amendment of the U.S. Constitution, which states that no person shall be deprived of life, liberty, or property without due process of law. This principle is also reiterated in the Fourteenth Amendment, which guarantees equal protection of the laws to all
Administrative Law & Health Reform The entire discussion regarding health care reform in the United States is greatly influenced by ethical and policy considerations. The field of health care is vast and complicated and is even hard to define. The debate ranges from what should be the mission of health care in America; to what should be its function; and what services should be available (Fein, 2003). Adding to the debate
Australian Administrative Law Seeking Reasons for an Administrative Decision SOUTHERN FARMERS GROUP LTD Level 6, Juvenile House, 12 Independent Street, Adelaide Facsimile: 323-7-895 The Honorable Mr. David Goren DEPUTY COMMISSIONER OF TAXATION (SA) Travel House Income Tax Assessment Act 1936 s 263 Dear Mr. Goren, Request for Statement of Reasons We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now