| Administrative State
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Substantive law and procedural law are terms used to describe and distinguish two different types of law:
- Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability.
- Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law.
In the United States, both of these types of law are derived from a variety of sources, including common law, constitutions, legislatively enacted statutes, and judicial decisions.[1][2][3][4][5]
Background[edit]
West's Encyclopedia of American Law distinguishes substantive and procedural law in the following way:[3]
| Federalism
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•Key terms
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•Major arguments
• State responses to federal mandates
• Federalism by the numbers
• Index of articles about federalism
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Substantive law refers to all categories of public and private law, including the law of contracts, real property, torts, and Criminal Law. For example, criminal law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. In contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution are part of a body of criminal procedural law.[6]
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| —West's Encyclopedia of American Law, second edition (2008)[3]
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According to West's Encyclopedia, most substantive law in the United States was derived from common law prior to the 20th century, with judicial decisions and legal precedents as the primary sources of law. The encyclopedia states that the volume and nature of substantive law changed throughout the 20th century because of laws enacted by Congress and state legislatures.[3]
See also[edit]
- United States Code
- Procedural law
External links[edit]
- Rules of Practice & Procedure (United States Courts)
- Search Google News for this topic
[edit]
- ↑ Nolo, "Substantive Law," accessed September 11, 2017
- ↑ Nolo, "Procedural Law," accessed September 11, 2017
- ↑ 3.0 3.1 3.2 3.3 Free Dictionary, "Substantive Law," accessed September 11, 2017
- ↑ Legal Dictionary, "Substantive Law," accessed September 11, 2017
- ↑ Legal Dictionary, "Procedural Law," accessed September 11, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
| The Administrative State |
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| | Main | The Administrative State Project main page • Administrative State Project Index • Glossary of administrative state terms • Quotes about the administrative state • Administrative state • Rulemaking • Deference • Adjudication • Nondelegation doctrine • Ballotpedia's administrative state legislation tracker |  | | | Pillars | Agency control • Executive control • Judicial control • Legislative control • Public control | | | Reporting | Changes to the Federal Register • Completed OIRA review of federal administrative agency rules • Federal agency rules repealed under the Congressional Review Act • Historical additions to the Federal Register, 1936-2016 | | | Laws | Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act | | | Cases | Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States | | | Terms | Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large | | | Bibliography |
- "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000)
- "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017)
- "Constitutionalism after the New Deal" by Cass R. Sunstein (1987)
- Federalist No. 23 by Alexander Hamilton (1787)
- "From Administrative State to Constitutional Government" by Joseph Postell (2012)
- "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002)
- "Rulemaking as Legislating" by Kathryn Watts (2015)
- "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016)
- "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017)
- "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007)
- "The Rise and Rise of the Administrative State" by Gary Lawson (1994)
- "The Study of Administration" by Woodrow Wilson (1887)
- "The Threat to Liberty" by Steven F. Hayward (2017)
- "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008)
| | | Agencies | Administrative Conference of the United States • United States Civil Service Commission • U.S. Government Accountability Office • U.S. Office of Information and Regulatory Affairs • U.S. Office of Management and Budget |
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