Quote Originally Posted by allodial View Post
I suspect that administrative law is in the "right to contract" or "obligations of contract" realm. However, Philip Hamburger is making a good point in that it might actually be unlawful for Congress to make certain delegations in that to delegate judicial power to agencies might not even be lawful or constitutional. Also Congress cannot delegate more power than it has.

P.S. Lurking between the lines or on the sidelines or ..something ... somewhere... might be yet another term "operational law".
Administrative law, IMO, is fine, when not dealing with the people. If applied to LLCs or Corporations, the legislature has full rein over them any way, and can make them go through a process. If that process ends with judicial review, I see no problem with it. The court will see if the process applied the law correctly. If it did, fine, if not, then they fix it. The legislature could very well create a court to apply the law in place of an agency. When dealing with fictions, I just don't see that there is much difference. The legislature can make corporations jump through as many hoops as they want, to the point of completely outlawing them in the state. Ha, imagine that.