Administrative Agencies and Delegation Term Paper

  • Length: 5 pages
  • Sources: 3
  • Subject: Business - Law
  • Type: Term Paper
  • Paper: #76236233

Excerpt from Term Paper :

Administrative Agencies and Delegation

The evolved world came with its share of good and bad developments in the society. However, among the good characteristics it presents is the recognition and treatment of people with dignity, rather than which it was during the barbaric justice ways. The document called constitution facilitates various written rules and regulations that govern the daily activities of individuals. The constitution also aids significantly to the administrative practices in a country or an organization (Kanovitz, 2010). Thus, the constitution facilitates the peaceful coexistence and interaction among people. It gives the rights and responsibilities of people, animals, organizations and the ruling authority. These laws and regulations governing human interactions in pursuit of justice have various sections. Such include, due process, substantive and procedural due processes and equal protection.

Due Process

Due process is a tenant of criminal cases applied in the making of the presumption that the accused is innocent until proven guilty. Therefore, due process is a legal right of an accused person, which allows them to have fair treatment and a chance to prove their innocence without constraints in case of facing a legal action against them (Pierce, 2010). It is a fundamental guarantee of the constitution that entails all the legal proceedings undertaken against an accused person, before issuing the judgment as to take away the life of a person, their liberty or property. It also guarantees that the law constructed in the land should not be arbitrary or capricious. In the constitution of the United States, this is a uniquely crafted and significant constitutional amendment as it appears twice using exactly the same words of framing it. These are the Fifth and Fourteenth Amendment sections of the constitution, which state that no person shall have their life, liberty or property deprived them without the due process of law.

These words, as the due process clause implies, assure all the American citizens and the obligation of the government and judiciary to function within the confines of law (legality) and facilitate fair procedures (Vile, 2006). In the Fifth Amendment, this aspect of due process is a promise of protection of the Bill of Rights of citizens from exploitation by the government. In the Fourteenth Amendment, the clause applied in the Fifth Amendment stretches further to include the aspect that the federal government should afford equal protection of the laws. The Fourteenth Amendment incorporates equal protection entails that there should not be unfair treatment of any person and no discrimination against a group of people (Vile, 2006). Therefore, due process has the overall outlook of protecting the bill of rights of an individual within the given jurisdiction. The right to fair and equal treatment, ability to prove your innocence before conviction among other expectations outlined in these sections of the constitution.

Cases ruled under procedural due process, substantive due process, and equal protection

The constitution of the United States outlines two basic regulatory laws that facilitate the rights of the people. These requirements are fairness and equal treatment. The regulatory requirements insist that restrictions imposed on the rights of an individual be free from discriminatory treatment; and the person receives sufficient time of notice and consequent opportunity to have a free and fair hearing (Pierce, 2010). Under these sections of the constitution, various cases apply. In the due process, two forms apply; these are substantive due process and procedural due process. In this section of the amendments, the substantive due process takes different cases from the procedural due process. The procedural due process caters for the cases that involve the government verses the constitutional right of the person that is civil procedures. It follows that the case involves the actions of the government against an individual. In these cases, the accused or claimant must prove beyond doubts that the government acted in an irrational and egregious manner.

The substantive due process facilitates the establishment of truth in violation of law by the government actions. On the other hand, the procedural due process governs the interactions of government officials and claimants. The substantive due process facilitates fair treatment of an individual in a court process (Vile, 2006). Therefore, the cases that apply in this case involve the parties in contention, that is criminal procedures, rather than a party verses the government, as…

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