Publication Date
2006
Abstract
This Article reviews the state constitutional provisions regulating administrative agenciesin Georgia and analyzes the court decisions construing those provisions to find that state agencies occupy a secure place under the Georgia Constitution. The two most significant constitutional limitations on administrative agencies are the separation of powers provision and the prohibition on delegating legislative powers to nonlegislative entities, known as the nondelegation doctrine. The Georgia Supreme Court has invalidated grants of authority to state agencies on these grounds, but only rarely, and the court generally exhibits a pragmatic and deferential approach to the General Assembly's blending of quasi-legislative,quasi-judicial,and quasi-executive power in administrative agencies. At times, the courts have relied on the dubious classification of certain powers as either "legislative"or "administrative"in nature. In these cases, such a characterization has played a dispositive role, even where there is reason to doubt the accuracy of a given classification, its compatibility with precedent, and its consistency with the courts' usual pragmatic approach. Overall, however, both the Georgia Constitution and the courts' interpretation of it have ensured that the state's "fourth branch" of government will continue to serve a prominent role well into the future.
Recommended Citation
Shipley, David E.
(2006)
"The Status of Administrative Agencies Under the Georgia Constitution,"
Georgia Law Review: Vol. 40:
No.
4, Article 8.
Available at:
https://digitalcommons.law.uga.edu/glr/vol40/iss4/8