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Principles of Administrative Law

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Specialization

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Agencies and tribunals with specialized expertise are better equipped to handle specific types of administrative issues.

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Discretion

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Administrative officials have the power to make decisions within the bounds of their authority, using their judgment to choose from among acceptable options.

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Transparency

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Administrative agencies should operate openly, with procedures and decisions made accessible to the public.

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Judicial Review

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The principle that allows courts to review administrative actions to ensure they comply with the law.

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Legality

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This principle ensures that administrative actions are authorized by law and that officials do not act beyond their given powers.

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Proportionality

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Decisions and actions by administrative agencies must be proportionate to the goals they seek to achieve.

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Hierarchy

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An organized structure within administrative agencies allows for orderly decision-making and appeals.

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Delegation of Powers

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The ability of high-level administrators to transfer certain tasks and decision-making powers to lower-level officials or agencies.

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Equity

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Ensuring administrative decisions are just and impartial, with an emphasis on fairness.

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Promoting Efficiency

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Administrative law seeks to ensure that administrative agencies work efficiently in the public interest.

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Non-retroactivity

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Administrative actions should not have retroactive effect; new rules generally apply to future situations only.

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Responsiveness

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Administrative agencies should be responsive to the changing needs and concerns of the public they serve.

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Natural Justice or Procedural Fairness

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The principle that ensures fair procedures are used when making administrative decisions, especially the right to a fair hearing and the rule against bias.

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Remedies

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Legal tools that allow individuals to seek correction for wrongs caused by administrative actions.

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Finality

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The idea that administrative decisions should bring an issue to a close, not leaving it open-ended or subject to constant revision.

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Accountability

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Administrators must be accountable for their actions and decisions to the public and legislative bodies.

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Participation

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The principle that those affected by administrative decisions should have the opportunity to participate in the decision-making process.

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Reasoned Decision-Making

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Administrative decisions must be based on logical reasoning and evidence, not on arbitrary or capricious grounds.

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Legitimate Expectation

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Individuals may have a right to expect a certain course of action from administrative bodies, based on past actions or explicit promises.

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Exhaustion of Remedies

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The requirement that all administrative remedies be pursued before resorting to judiciary action.

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Rule of Law

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The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

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Policy-Making

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Administrative agencies often have the power to create policies that guide the implementation of laws.

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