In the development of administrative procedure, who creates the statutes?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The creation of statutes is fundamentally the responsibility of legislatures. Legislatures, which typically consist of elected representatives, are tasked with formulating, debating, and enacting laws that govern the conduct of society, including those pertaining to administrative procedures. These statutes lay down the framework and authority under which administrative bodies operate, allowing them to develop specific rules and regulations necessary for implementing the broader legislative intent.

In contrast, judges interpret and apply these statutes during legal proceedings but do not create them. Citizens may influence legislation through advocacy and their votes, yet they do not have the direct authority to create statutes. Administrative bodies, while they can develop regulations within the boundaries set by statutes, do so based on the authority granted to them by the legislation and cannot independently create statutes.

Understanding the role of legislatures in this context is crucial for grasping the structure and function of administrative law, as it emphasizes the separation of powers and the importance of democratic processes in law-making.

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