ADMINISTRATIVE ADMINISTRATIVE LAW
Indicates to individuals, remedies for the violation of their rights.
Administrative Law Law – The part of the law which governs the organization, functions and procedures of administrative agencies of the government to which legislative powers are delegated and (quasi) judicial powers are granted, and the extent and manner to which such agencies are subject to control by the courts. 1. Scope of Administrative Law Laws covering the following: 1. Fixes the administrative administrative organization organization and structure structure of the government; government; 2. Execution and enforcement enforcement of laws laws entrusted to administrative administrative authorities; 3. Governs public officers; 4. Creates administrative administrative agencies, agencies, defines their their powers ad functions, prescribes prescribes their procedures; 5. Provides remedies, remedies, administrative administrative or judicial, judicial, available available to those aggrieved aggrieved parties parties by administrative actions or decisions; 6. Governs judicial judicial review of, or relief against, against, administrative administrative actions or decision; decision; 7. Rules, regulations, regulations, orders and decisions made made by administrative authorities authorities dealing with the interpretation and enforcement of laws entrusted to their administration; and 8. Body of judicial judicial decisions decisions and doctrines doctrines dealing dealing with any of the above. above.
ADMINISTRATIVE ADMINISTRATIVE LAW Law enforced by a penal sanction may be administrative In character and the mere affixing of a penalty to the violation of a rule of administrative law does not deprive such rule of its administrative character. ADMINISTRATIVE ADMINISTRATIVE LAW Refers only to the external aspect of public administration. Narrower branch but it constitutes the bulk of the law of public administration.
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2. Administrative Authorities – all those public officers and organs of the government that are charged with the amplification, application application and execution of the law. Concerns of Administrative Law 1. The protection of PRIVATE RIGHTS, RIGHTS, and its subject subject matter is, is, therefore, the nature nature and mode of exercise of administrative power and the system of relief against administrative action. 2. Administrative law is concerned concerned with officers and agencies exercising DELEGATED POWERS. It is concerned with the results from a FUSION OF DIFFERENT TYOES OF GOVERNMENT POWERS in certain public officers which are part of the executive branch of the government.
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Differentiate: ADMINISTRATIVE ADMINISTRATIVE LAW Rules which shall guide the officers of the administration in their actions as agents of the government. ADMINISTRATIVE ADMINISTRATIVE LAW Minutest details Treats them from the standpoint of the powers of government; Emphasizes the powers of government and duties of the citizens.
INTERNATIONAL INTERNATIONAL LAW LAW Cannot be regarded as binding upon the officers of the government except insofar as it has been adopted into the administrative law of the State. CONSTITUTIONAL CONSTITUTIONAL LAW LAW General Plan or framework of government organization Treats of the rights of the individual; Lays stress upon the rights.
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Prescribes the limitations on the powers of the government to protect the rights of individuals against abuse in their exercise. CRIMINAL LAW LAW Body of penal sanctions which are applied to all branches of the law.
LAW OF PUBLIC PUBLIC ADMINISTRATION ADMINISTRATION Practical management and direction of the various organs of the State and the execution of state policies by the executive and administrative officers entrusted with such functions.
4. Principal Subdivisions Subdivisions of Administrative Law: Law of Internal Internal Administration Administration – it treats of the legal relations between the government and its administrative officer or organ bears to another. Law of External Administration – It is concerned with the legal relations between administrative authorities and private interest. a) A survey of of those powers powers and duties duties of administrative administrative authorities authorities that relate directly to private interest; b) An analysis analysis of the scope and limits of such powers; powers; c) Some account account of the sanctions sanctions attached attached to, or the means of enforcing, official determinations; and d) An examination examination of of the remedies against official official actions. actions. Classification of Administrative Law As to its sources: a) The law that controls controls administrative administrative authorities; b) The law made by administrative administrative authorities. authorities. As to its purpose: a) Adjective or procedural procedural administrative law; b) Substantive administrative law As to its applicability: applicability: a) General administrative law; b) Special or particular administrative law.
5. Scope of the Administrative Process It includes the whole series of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular situations. It embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matter un which determinations are made, enforced and reviewed.
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6. Relation between administrative administrative agencies agencies and and courts. courts. Collaborative Instrumentalities – In effecting the collaboration of courts and agencies, courts may entertain action brought before them, but call to their aid the
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appropriate administrative agency on questions within its administrative competence. Role of court: a) To accommodate the administrative process to the traditional judicial system; b) To accommodate private rights and the public interest in the powers reposed in administrative agencies; and c) To reconcile in the field of administrative action, democratic safeguards and standards of fair play with the effective conduct of government. The court must aim: a) To maintain the Constitution by seeing that powers are not unlawfully vested in administrative agencies and to maintain the constitutional and statutory rights of persons by seeing that powers lawfully vested in administrative agencies are lawfully exercised but without abdicating their judicial responsibility; b) To give due reference to the role of the administrative agencies and not to usurp or unwarrantedly limit the powers and functions lawfully vested in them, or interfere with the proper exercise of their valid powers; c) To lend the powers of the court to the proper attainment of the valid objectives of the administrative agencies; and d) To leave to legislature or the people the remedy for administrative action which may be unwise or undesirable but is within the lawful powers of agency.
7. Differentiate: Administration of Government Administration of Justice Administrative officers Judicial officers Not necessarily, or even often, the result The work done consists in the decision of any controversy and is not merely of controversies between individuals and dependent on the solution of the government officers, as to the question “what is the law” but made also applicability in the cases in question of a as a result of consideration of particular rule of law. expediency. Administrative officers must determine All judicial officers have to do is to what is the law in order to determine determine what law is applicable to the whether they are competent to act, but facts brought before them. furthermore, they must decide whether in case they are competent to act, it is wise for them to act.
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8. Administration as a separate power. As a function – Administration is the execution, in non-judicial matters, of the law or will of the State as expressed by the competent authority. As a function, administration may be external or internal. As an organization – It is that group or aggregate of persons in whose hands the reins of the government are for the time being. It is the entire administrative organization extending from the Chief Executive down to its subordinates.
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Government Administration Institution or aggregate of institutions Aggregate of those persons in whose by which an independent society hands the reins of government are makes and carries out those rules of entrusted by the people for the time action which are necessary to enable being. men to live in a civilized state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.
