¶ … Classification of Federal Agencies:
The Administrative Procedure Act is regarded as one of the most significant legislations because it focuses on establishing rules and regulations with which federal regulatory agencies enforce major legislative acts. The act governs the functioning of various federal agencies either directly or indirectly resulting in a huge impact on the lives of millions of people who are influenced by the agencies every day. This legislation has four basic purposes including enhancing public participation in the informal process of making rules and requiring agencies to update the public on their organization, policies, and protocols. The other functions of the law are to reaffirm the judicial review policy and to develop standardized principles for the conduct of formal rulemaking and adjudicative happenings (Nylander, 2006).
As an important piece of legislation, the Administrative Procedure Act ensures that federal regulatory agencies do not become indiscriminant in their processes of rule-making. This is achieved through the establishment of uniform standards that guide the rulemaking process of these agencies. However, if these federal regulatory agencies become indiscriminant in their rule-making activities, it could have serious implications on the lives of people. The major impact of such a move would be the decline of public participation in the rule-making process. This is largely because the main element or aspect of the legislation is to promote and enhance public participation in the process. Indiscrimination in the federal agencies in their rule-making activities would have considerable effects on public participation since the procedures in the Administrative Procedure Act basically involve the inclusion of the public in the processes.
The Constitutional Principle:
One of the major principles in the constitution is that the legislative, executive, and judicial roles of government should not exist in same person or group of people. This principle basically promotes and enhances the separation of powers across the three arms of governments. Through this principle,...
According to proponents of this principle, the separation of powers across these arms has various advantages to the country including avoiding oppression. In addition, provides the balance across all these arms of government, enhances accountability, and ensures that these governmental arms do not violate the laws they establish.
This principle has been effective because of its numerous benefits to the country due to its advantages. By ensuring that powers are not vested in the same person or group of people in the legislative, executive, and judicial arms of government, the principle has ensured that there is no tyranny or oppression in governance. However, this principle can be ineffective in certain instances especially with regards to the need for autonomy or independence of each of these arms of government. The principle does not work as its intended when it comes to change since it's likely to result in resistance or rigidity to change. Rigidity to change is likely to occur when changes to either arm of the government requires approval by another governmental arm that may not be in support of the change.
Powers of Administrative Agencies:
Administrative agencies are generally mandated with the task and responsibility of making rules as one of its major functions. The law-making functions of these administrative agencies are delegated to them by the legislature. The legislature delegates the rulemaking powers or functions but deals with areas in these laws that require expertise. Therefore, the role of these agencies can be described as legislative, interpretive, procedural roles as well as the overall statements of policy.
In order to fulfill their responsibilities effectively, the administrative agencies have been granted discretionary powers. However, the discretionary powers must be utilized impartially, logically, and by avoiding unnecessary injury as well as oppression ("Discretionary Powers," n.d.). Notably, the agencies have the…
