Administration law: text and cases by atty. Hector Deleon INTRODUCTION
g.
|Behttina kim M. Barrios|2013|
Body of judicial decisions and doctrines dealing with any of the above
Concept of administrative law -
It belongs to the field of publ ic law (which includes constitutional
Administrative authorities - all those public officers and organs of the
government that are charged with the amplification, appli cation and execution of law.
law, criminal law and international law. -
It is the entire system of law which the machinery of the state works and by which the state performs all government acts. Thus it
Concerns of administrative law
embraces all the laws that regulate or control the administrative organization and operations of the government including the legislative and judicial branches. -
Better definition : ( dean roscoe pound)
-
The part of the law which governs the organization, functions, and
1. PRIVATE RIGHTS -
Chief concern: Protection of private right and its subject matter is the nature and the mode of exercise of administrative power.
2. DELEGATED POWERS AND COMBINED POWERS
procedures of administrative agencies of the government to which (quasi) legislative powers are delegated and (quasi) judicial powers are granted.
-
admin. Law if generally concerned with officer and agencies exercising delegated powers. It is concerned with the the fusion of different types of governmental powers in certain publ ic officer
Scope of administrative law a.
which are part of the executive branch
The law which fixes the administrative organizationand organization and structure of the government
b. The law, the execution and enforcement of which is entrusted to
Distinguished from international law
the administrative authorities c.
The law which governs the public officers including their competence, rights, duties and liabilities
d. The law which creates administrative agencies, defines their powers and functions, prescribe their procedure e.
The law which provides remedies, administrative or judicial by administrative decisions or actions
f.
Interpretation and enforcement of the laws entrusted to their administration.
ADMINISTRATIVE LAW lays down rules which shall guide the officers of the administration in their actions as agents of the government
INTERNATIONAL LAW It cannot be regarded as binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into admin law of the state
Administration law: text and cases by atty. Hector Deleon
|Behttina kim M. Barrios|2013|
Principal subdivision of administrative law Distinguished from constitutional law
1. the law of internal administration – it treats of the legal relation between the government and its administrative of ficers, and of legal
ADMINISTRATIVE LAW gives and carries out plan in its minutes detail
CONSTITUTIONAL LAW Prescribes the general plan or framework of governmental organization Treats the rights in the standpoint of Treats the rights of the individual the powers of the government and emphasize the duties of the citizens Indicates to individuals, remedies for Prescribes the limitations on the the violation of their rights powers of the government to protect the rights of individuals
relations that one administrative officer or organ bears to another. - it considers the legal aspect of publ ic administration on its institutional
side (pg. 7) 2. The law of external administration - it concerns with the legal relations between administrative authorities and private interests. -
Survey of those powers and duties of admini strative authorities that relate directly to private interests.
Distinguished from criminal law
-
Analysis of scope and limits of such powers.
-
Account of the sanctions attached to, or the means of enforcing, official determination.
ADMINISTRATIVE LAW Penal sanctions are used to enforce the rules of administrative law
CRIMINAL LAW Consists really of body of penal sanctions which are applied to all branches of the law, including admin law
-
an examination of the remedies against official action.
Classification of administrative law I.
AS TO ITS SOURCE.
Distinguished from law of public administration a. ADMINISTRATIVE LAW PUBLIC ADMINISTRARTION Subject matter of admin law is public Has to do with the practical administration. The true filed of management and direction of the admin law is the external aspect of various organs of the state and the the public administration. execution of state policies by the executive officers entrusted with such functions
-
the law that controls administrative authorities
constitution, statutes, judicial decisions, EO of the president and the AO of administrative superiors giving directions to administrative subordinates b. the law made by administrative authorities
-
Includes presidential proclamation, rules of practice and decisions of administrative tribunals etc.
Administration law: text and cases by atty. Hector Deleon
|Behttina kim M. Barrios|2013|
origin and development of administrative law II.
AS TO ITS PURPOSE *case a. Adjective or procedural administrative law -
-
It establishes the procedure which an agency or must or m ay follow in the pursuit of its legal purpose. Derived from constitution or
Admin law is not one of the traditionally recognized parts of the law, such for example criminal law, the common law r equity.
-
statute
Only with the rapid expansion of the administrative agencies and their increased functions that a substantial body of jurisprudence has develop in the field and general recognition has been given
b. Substantive administrative law -
-
The law establishes primary rights and duties, such as the conditions
regulation correspondingly increased, which in turn cause the
under which the broadcaster may operate or labor practices in
multiplication of government function, necessitating an enormous expansion of public administration
which employers and unions must not indulge. III.
As modern life became complex, the subjects of government
And so the legislature has tom create more administrative agencies, bodies or board specialized in the particular field assigned to them
AS TO ITS APPLICABILITY
and to which the legislature and th e court were found not to be equipped to administer properly and efficiently.
a. General administrative law -
It includes such provisions which interpret the mandate of the
or governmental control over complex conditions and activities
constitution that there must be 'a due process of law'; that which
which in their detail cannot be dealt with directly in an effective
established the exhaustion of administrative remedies et c.
manner by legislature or the judiciary. -
b. special or particular administrative law
-
Admin law has developed in response to the need for broad social
That part of admin law that pertains to particular agencies. It proceeds from the particular statute creating individual agency and
The issues with which it deals ought to be decided by experts, and not by a judge, at least not in first instance, or until the facts have been sifted and arranged.
-
Administrative agencies: with their extensive investigation, rulemaking , and adjudicating powers, these administrative agencies
thus, has little or no application, except in connection with such
represent a provocative fusion of different powers of the
agency
government . -
They are vested with power to promulgate ru les and regulations to better carry out some legislative policies, and to decide on controversies within the scope of their activities.
Administration law: text and cases by atty. Hector Deleon -
|Behttina kim M. Barrios|2013|
Accommodate the administrative process to the traditional judicial system
Advantages of administrative process
-
powers reposed in administrative agencies
Administrative process - includes the whole of the series of acts of an
administrative agency whereby the legislative delegation of a function is
To accommodate private rights and the public interest in the
-
To reconcile in the field of administrative action, democratic safeguards and standards of fair play with the conduct of
made effectual in particular situations.
government. -
Administrative adjudication insures greater uniformity
AIM OF THE COURT
impersonality of actions
-
To maintain the constitution by seeing that powers are not
Congress resorted to administrative process as an alternative to
unlawfully vested in administrative agencies but without abdi cating
executive action not only in the ma tter of benefits ( social security,
their judicial responsibility
patents etc0 but also in the field of tax administration, labor -
-
Not to usurp or unwarrantedly limit the powers and functions
relation and others
lawfully vested in them, or interfere with the proper exercise of
The desire for more effective and preventives remedies has been a
their valid powers
factor in the creation of many administrative agencies. -
Limitations of congress as to time, specialized knowledge, lack of staff for securing expert information, the complexity of problem etc.
-
if congress failed to delegate powers, it might l ose itself I details to
Administration of government distinguished from administration of
the detriment of its indispensable functions.
justice
The admin agencies have the time and facilities to become more continuously informed and they can be given unified responsibility
ADMINISTRATIVE OFFICERS - charged with the administration of government
for effectuating the broad policies laid down by congress. JUDICIAL OFFICERS- charged with administration of justice
Relation between administrative agencies and courts -
They must be considered as collaborative instrumentalities of justice.
-
Courts may entertain action brought before them, but call to their aid the appropriate administrative agency on questions within its administrative competence.
ROLE OF COURT
ADMINISTRATION OF GOVERNMENT Not necessarily, or even often, the result of any controversy and is not merely dependent on the solution of the question "what is law" but made also as a result of consideration of expediency.
ADMINISTRATION OF JUSTICE Work done consists in the decisions of controversies between individuals and the government officers, as to the applicability in the cases in questions of a particular rule of law
Administration law: text and cases by atty. Hector Deleon
Administration as a separate power 1) 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. It is the activity of the executive officers of the government. -
Legislation consists in laying down laws or rules for the future. Administration therefore, had to do with the carrying of laws into effect . 2) AS AN ORGANIZATION
ADMINISTRATION- it is popularly the most important administrative
authorities. It is that group or aggregate of persons in whose hands the rein of government are for the time bei ng. -
It is the entire administrative organization extending from the chief executive down to its humble subordinates.
Administration as an organization distinguished from government GOVERNMENT – it is the institution or aggregate of institution by which an
independent society makes and carries out those rules of acti on which are necessary to enable men to live in a civilized state. -
Government is that aggregate of authorities which rule a society
ADMINISTRATION – refers to that aggregate of those persons in whose
hands the rein of government are entrusted by the people for the time being.
|Behttina kim M. Barrios|2013|
Administration law: text and cases by atty. Hector Deleon
|Behttina kim M. Barrios|2013|
