Individualized regulation exists when officials must apply rules case by case
Evidence
A regulatory arrangement is individualized, in the sense here used,.if the regular operation of its rimary provisions requires an official application in each case.’ In the administration of governmental exactions, this kind of individualized application is needed because of the intrinsic nature of the performance called for by the arrangement - namely, the payment of money or rendering of a service to the government. But in most other instances, as in the case of the medical license, resort to individualized regulation is prompted by the desire to achieve a more effective control than is possible with a self-applying arrangement. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 743
Categorization
- DEFINE: Defines the core category of ‘individualized regulation’ distinguished from self-applying arrangements.
- XREF: connects to: Utility commissions’ power to order construction stays unused because responsibility stays private — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 797; The Rule of law separates universal laws from particular administrative measures — Michel Foucault, The Birth of Biopolitics: Lectures at…, 910; Whether settlements bind depends on whether a statute is individually administered or self-applying — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4619
Broader Connections
- The Rule of law separates universal laws from particular administrative measures
#expands(0.85) — Michel Foucault, The Birth of Biopolitics, 910