What are the common legal theories and principles in administrative law?
Administrative law is the body of law that governs the activities of administrative agencies of government. In Virginia, administrative law is based on several common legal theories and principles. The first principle is that of the Administrative Procedure Act, which states that all administrative agencies must adhere to the procedures set out in the law when making decisions. This ensures that all members of an agency are treated fairly by the agency. Another legal principle is that of due process. This principle states that all parties involved in a dispute must be given a fair opportunity to present their case. This includes a reasonable period of time to prepare and submit evidence, as well as a hearing in which both parties can present their arguments. The third legal principle is that of the Doctrine of Separation of Powers. This doctrine states that the three branches of government - the judicial, legislative and executive - must remain separate from each other. This ensures that no branch has too much power and prevents the government from becoming overbearing and oppressive. The last legal principle is that of judicial review. This principle states that all decisions made by an administrative agency can be subjected to judicial review by the courts. This allows the courts to determine whether or not the agency made an appropriate decision based on the evidence presented. These legal theories and principles form the foundation of administrative law in Virginia and provide guidance to the agencies when making decisions. It is important to understand these principles in order to ensure that all parties are treated fairly.
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