Vanderbilt Law Review


Paul H. Sanders

First Page



Administrative Law consists of those legal principles, whether of constitutional, statutory or common law derivation, which are generally concerned with the organization, relationships, powers and procedures of administrative agencies.' These are the agencies of government, other than the regular courts and legislatures, which can determine private rights through adjudication or affect these rights through the making of rules having the status of law. It will be noted that the definition excludes the substantive rules of law applied and developed through such agencies. Procedural in nature, it is an area of law in which the institution of judicial review of administrative action continues to be of central, though diminished, importance.

Through extensive studies and the passage of the Federal Administrative Procedure Act, the systematizing of this area of law at the federal level has been greatly advanced in recent years. Few states have made similar strides, although administrative agencies at the state and local level may be even more numerous." Tennessee has not attempted any comprehensive statutory regulation such as the Model State Administrative Procedure Act. What might have been a legislative attempt at detailed coverage of the topic of judicial review, in conjunction with the adoption of the 1932 Code, has been treated as accomplishing little change in the preexisting law. In its decision of major importance in this field of law during the current survey year,the Tennessee Supreme Court invoked the Constitution to prevent from becoming effective what could have been a far-reaching statutory change in the scope of judicial review. Apart from this decision there was little development of more than routine significance during the period.