What is the difference between primary and secondary sources of administrative law?
Primary and secondary sources of administrative law are two different forms of authority that a court may use to make decisions in administrative law cases. Primary sources are official regulations, statutes, decisions, and orders issued by an administrative agency. These sources are binding on the courts and must be followed. Secondary sources are materials such as legal treatises, articles, and books written by legal experts that provide analysis, but are not binding on the court. In South Carolina, administrative law is the primary source of law when it comes to resolving disputes between the state and private parties. The South Carolina Administrative Procedures Act (APA) provides guidelines on how agencies should conduct their operations and the appeals process available to parties with grievances against an agency. The APA is the primary source of administrative law in the state. Secondary sources of administrative law in South Carolina include treatises written by legal experts, articles discussing relevant topics and cases, and books on the subject. These sources provide information and analysis, but they are not binding on the courts. When making decisions, courts may consider or even rely upon secondary sources to fill in gaps left by the primary sources. In conclusion, primary sources of administrative law are regulations, statutes, decisions, and orders issued by an administrative agency; while secondary sources are materials such as legal treatises, articles, and books written by legal experts that provide analysis, but are not binding on the court. In South Carolina, the APA is the primary source of administrative law, while secondary sources are used as supplementary materials.
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