Deconstructing the Bill of Rights in Administrative Adjudication--Enfranchising Constitutional Principles in the Process

Publication Year:
2009
Usage 129
Downloads 122
Abstract Views 7
Repository URL:
http://commons.law.famu.edu/faculty-research/40
Author(s):
Persaud, Shiv Narayan
Tags:
due process; self-incrimination; administrative law; double jeopardy; right to counsel; Administrative Law; Constitutional Law; Criminal Law; Criminal Procedure; Fourteenth Amendment
article description
With the increased tendency toward governmental oversight in modern society, Congress deemed it fit to delegate some of its lawmaking authority to the other branches of government. While this action has effectuated the promulgation of regulations and resolution of disputes through adjudicatory proceedings, the area of administrative law continues to be challenging, especially where it poses concerns regarding an individual’s basic rights. This Article will focus discussion on some fundamental issues relating to the administrative process and explore the ramifications on the individual.