Administrative Law Rev

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ADMINISTRATIVE LAW powers are delegated and judicial powers are granted, and the

extent and manner to which such agencies are subject to


INTRODUCTION control by the Courts.
 Definition of Administrative Law
- Belong to the field of public law which includes constitutional
law, criminal law, and international law.  Scope of administrative law (covers the laws:)
 Public law- branch of law which regulates the relations of - Fixes the admin org and structure of the gov’t;
the State with its subjects. - execution or enforcement of which os entrusted to admin
 It concerns itself with rights of the State as an entity authorities;
representing the organized community abd the relations of - Governs public officers including their competence, rights,
the individual members of such societarian organization to duties, liabilities, election, etc.;
it. - which creates administrative agencies, defines their powers and
- ”the entire system of laws under which the machinery of the functions, prescribes their procedures including adjudication or
State works and by which the Government acts. settlement by them of contested matters involving private
- The term would embrace all the laws that regulate or control interests;
the administrative organization and operations of the - which provides the remedies, administrative or judicial,
government including the legislative and judicial branches. available to those aggrieved by admin decisions;
- The law which controls or is intended to control the - which governs judicial review of, or relief against, administrative
administrative operations of the government or law of actions/decisions;
governmental administration. - rules, regulations, order and decisions (including pres.
- “Part of public law which fixes the organization and determines proclamations) made by admin authorities dealing with the
the competence of the administrative authorities, and indicates interpretation and enforcement of the laws entrusted their
to the individual, remedies for the violation of his rights.” administration; and
- Branch of modern law under which the executive dept. acting in - body of judicial decisions and doctrines dealing with any of the
a quasi-legislative/judicial capacity, interferes with the conduct above.
of the individual for the purpose of promoting the well-being of
the community, as under laws regulating public corporations,  Administrative Authorities
business affected with a public interest, professions, trades and - Those public officers and organs of the government that are
callings, rates and prices, laws for the protection of the public charges with the amplification, application, and execution of the
health and safety and the promotion of the public convenience law, but do not include, by virtue of the doctrine of separation
and advantage. of powers, Congress and the regular Courts.
- System of legal principles to settle the conflicting claims of
executive and administrative authority on the one hand and of  Concerns of administrative law
individual or private rights on the other. (1) Private rights
- The law concerning the powers and procedures of the  Chief concern of the protection of private rights
administrative agencies including specially the law governing and its subject matter against administrative
judicial review of administrative action. action.
- Part of the law which governs the organization, functions, and  In certain areas, there is applicable specific
procedures of admin. Agencies of the gov’t to which legislatives principle that particular admin agencies are
created to protect the public interest and not to
vindicate private rights.
(2) Delegated powers and combined powers
 AL is concerned with officers and agencies
exercising delegated powers and not with the
exercise of the President’s consti powers,
 Concerned with and results from a fusion of
different types of governmental powers in
certain public officers which are part of the
exec. Branch of the gov’t including coercive
power over individuals, since the exercise of
this type of power by this type of officer runs
afoul of the fundamental and traditional
principle of separation of powers.

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