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ADMINISTRATIVE

LAW
is that branch of modern law
under which the executive
department of the government,
acting in a quasi-legislative or
quasi- judicial capacity,
interferes with the conduct of
the individual for the purpose of
promoting the well-being of the
QUASI-LEGISLATIVE POWER

the authority
delegated by the
law-making body to
the administrative
body to adopt rules
and regulations
intended to carry
out the provisions of
a law and
implement
QUASI-JUDICIAL POWER

when it performs in a
judicial manner and act
which is essentially of an
administrative in nature,
where the power to act
in such a manner is
incidental to, or
reasonably necessary
for, the performance of
the administrative duty
entrusted to it.
SCOPE OF ADMINISTRATIVE LAW
1.The law which fixes the administrative
organization and structure of the
government;
2.The law the execution and
enforcement of which is entrusted to
administrative authorities;
3.The law which governs public officers
including their competence, rights,
duties, liabilities, election;
SCOPE OF ADMINISTRATIVE LAW
4. The law which creates
administrative agencies, defines their
powers and functions, prescribes
their procedures, including the
adjudication or settlement by them of
contested matters including private
rights;
5. The law which provides the
remedies, administrative or judicial,
available to those aggrieved by
administrative actions or decisions
SCOPE OF ADMINISTRATIVE LAW
6. The law which governs judicial
review of, or relief against
administrative actions or decisions;
7. The rules, regulations, orders
made by administrative authorities
dealing with the enforcement of the
laws entrusted to their
administration;
8. The body of judicial decisions and
doctrines dealing with any of the
above.
CONCERNS OF
ADMINISTRATIVE LAW

1.Private Rights
2.Delegated Powers
and Combined
Powers
PRINCIPAL SUBDIVISIONS OF
ADMINISTRATIVE LAW

1.Law of internal
administration
2.Law of External
Administration
Law of Internal Administration
1. Structure/organization of public
administration
2. Legal aspects of institutional
activities
3. Legal qualifications for office;
disqualifications;
4. Appointment, tenure, removal,
compensation;
5. Relations of superior to subordinate
Law of External Administration
1. Relations between administrative
authorities and private interest;
2. Powers and duties in relation to
private interest
3. Scope and limit of such powers;
4. Sanctions attached to enforcing
official actions
5. Remedies against official actions.
Classifications of Admin Law

1.As to source
2.As to purpose
3.As to
Applicability
Classification as to Source:
1. Law that controls administrative
authorities-Constitution,
statutes, judicial declarations,
EOs

2. Law made by administrative


authorities- as delegated by
Constitution, statutes,
Sources of Administrative
Law
Constitutional and Statutory
enactments
Rules and Regulations issued by the

administrative bodies in pursuance of the


purposes for which they were created.
Determinations and orders of the

administrative bodies in the


settlement of controversies arising in
their respective fields.
Judicial Decisions
Classification as to purpose:
1. Adjective or procedural
administrative law

2. Substantive Administrative Law-


establishes primary rights and
duties.
Classification as to applicability:
1. General Administrative Law-Due
process in the Constitution

2. Special or particular
administrative law-law which
talks about particular agency
and its creation.
DEVELOPMENT OF ADMINISTRATIVE LAW

1. Administrative law is
comparatively of modern or
recent origin.
2. Multiplication of government
functions
3.Growth and utilization of
administrative agencies
4. Fusion of different powers of
the government;
5. A law in the making
Advantages of
Administrative Process:
1. Admin Process over executive process
2. Admin Process over judicial process;
3. Trend toward preventive legislation;
4. Limitation upon effective legislative
action;
5. Limitation upon exclusively judicial
enforcement;
6. Continuity of attention and clearly
allocated responsibility;
7. Need for organization to dispose of
volume of business and to provide the
Criticisms against Admin Law:
1. Tendency towards arbitrariness;
2. Lack of judicial knowledge and aptitude in
sound judicial technique;
3. Susceptibility to political bias or pressure
often brought about by uncertainty of
tenure;
4. A disregard for the safeguards that insure
a full and fair hearing;
5. Absence of standard rules of procedure
suitable to the activities of each agency;
6. A dangerous combination of executive,
legislative and judicial functions.
POWERS OF
ADMINISTRATIVE AGENCIES
1.In General
2.Investigatory
3.Rule Making Power
4.Adjudicatory Powers
POWERS ACCORDING
TO DEGREE OF CHOICE
1.Discretionary Power
2.Ministerial Powers