THE ADMINISTRATIVE CRIME, ITS CREATION AND PUNISHMENT BY ADMINISTRATIVE AGENCIES

Authors

Edmund H. Schwenk, Harvard Law School

Abstract

The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: (a) what is the standard under which the legislature may authorize an administrative agency to create elements of crime? and (b) how far will the courts go in their scrutiny as to whether or not the administrative agency is authorized to issue the rules or regulations in a case where they are enforceable by punishment?

Recommended Citation

Edmund H. Schwenk, THE ADMINISTRATIVE CRIME, ITS CREATION AND PUNISHMENT BY ADMINISTRATIVE AGENCIES, 42 Mich. L. Rev. 51 (1943).
Available at: https://repository.law.umich.edu/mlr/vol42/iss1/4