Paralegal Advanced Competency Exam (PACE) Practice Exam

Which branch of government is responsible for the creation of administrative agencies?

1. Judicial branch

2. Executive branch

3. Legislative branch

4. Local governments

The correct answer is: Legislative branch

The correct response is that the legislative branch is responsible for the creation of administrative agencies. This process typically involves enacting laws that establish the framework and authority for these agencies to operate. Administrative agencies are often created to implement specific legislative mandates, allowing for more specialized governance in areas like public health, environmental protection, labor relations, and more. The legislative branch has the constitutional power to create new laws, including those that form the basis for regulatory bodies. Through statutes, legislatures delegate authority to these agencies, enabling them to create detailed regulations and enforce compliance. This delegation is necessary, as legislatures cannot address every minute detail in the vast number of issues that arise in society. In contrast, while the executive branch can oversee and manage these agencies, it does not create them directly; rather, it executes the laws passed by the legislative branch. The judicial branch's role focuses on interpreting laws and adjudicating disputes, and it does not have the constitutional authority to create administrative agencies. Local governments may establish some forms of regulatory bodies, but they operate under the authority granted to them by the state legislative frameworks, making the creation of administrative agencies predominantly a function of the legislative branch at the state or federal level.