Administrative interpretation refers to the process in which a government agency clarifies the meaning of a law or rule. It can be likened to a teacher providing an explanation for a challenging homework question. Various methods can be employed to interpret the law, such as analyzing the words themselves or considering the probable intention of the author. Additionally, individuals may also compare the law to other similar laws in order to gain a better understanding of it.
Administrative interpretation is when an administrative agency provides an interpretation of a law or regulation. For instance, the Environmental Protection Agency (EPA) may interpret a law regarding air pollution and establish emissions standards for factories in a specific area. This demonstrates how administrative agencies can offer guidance on understanding and complying with laws and regulations, which can be beneficial for individuals and businesses who may not fully comprehend the requirements.
Administrative interpretation refers to the process by which government agencies interpret and apply laws and regulations within their jurisdiction.
Administrative interpretation is important because it helps clarify the meaning and intent of laws and regulations, ensuring consistent and fair application by government agencies.
Government agencies that have been granted regulatory authority in a particular area have the authority to issue administrative interpretations related to that area.
Administrative interpretations are generally considered persuasive rather than legally binding. However, they can carry significant weight and influence how laws and regulations are applied.
Yes, administrative interpretations can be challenged in court if they are believed to be inconsistent with the law or exceed the agency’s authority. Courts will review the interpretation to determine its validity.
Administrative interpretations are typically published by the relevant government agency and can be found on their website or in official publications. Legal databases and research tools may also provide access to administrative interpretations.
Yes, administrative interpretations can change over time as new laws are enacted or court decisions impact their interpretation. It is important to stay updated on any changes or updates issued by the relevant agency.
Yes, administrative interpretations can be used as a defence in legal proceedings to support a particular interpretation of a law or regulation. However, their persuasive nature means that their impact may vary depending on the specific circumstances and the court’s view.
Yes, the public can challenge administrative interpretations through various means, such as filing petitions for rulemaking or participating in public comment periods. This allows individuals and organisations to voice their concerns or propose alternative interpretations.
To challenge an administrative interpretation, you may need to follow specific procedures outlined by the relevant agency. This may involve filing a formal complaint, petition, or initiating a legal action. Consulting with an attorney experienced in administrative law can help guide you through the process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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