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MODULE II

• ADMINISTRATIVE LAW
• RULE OF LAW
• DELEGATED LEGISLATION
• ADMINISTRATIVE ADJUDICATION
ADMINISTRATIVE LAW
 Administrative Law as understood the whole body of law relating to
PUBLIC ADMINISTRATION
 According to Barthelemy, it is the sum total of the principles
according to which the activity of the service (other than judicial)
concerned with the execution of law is exercised.
 According to Jennings, administrative law is the law relating to the
administration. It determines the organization, powers and duties
of administrative authorities and indicates to the individual
remedies for the violation of rights.
 Administrative Law refers generally to the law and legal principles
governing the creation , administration and regulation of
government agencies at the federal, state, and local levels.
PUBLIC LAW

ADMINISTRATIVE CONSTITUTIONAL
LAW LAW

Studies the parts of which the


machinery of the government is Studies the construction of the
made, their interrelation and machinery of the government
their function
ADMINISTRATIVE LAW IN THE PHILIPPINES
 Administrative Law is made up of laws which ORGANIZE ADMINISTRATIVE BODIES ;
rules, regulations and orders issued by these bodies, decisions over controversies
in their particular field of specialization; and doctrine dealing with their
creating, operation and effect of their decisions and regulations.
 TYPES OF ADMINISTRATIVE BODIES
 Those set up to make the government a private party (ex. GOCC’s)
 Those set up for situations where the government offers grants or special
privileges (ex. Bureau of land)
 Those where police power is needed to regulate private business and persons
(Ex. SEC)
 Those set up to carry out actual government business (ex. BIR)
 Those set up to regulate business that affect public interest
 Those set up to perform some business service to the public
A. V. Dicey (1835–1922) was an
English jurist, Vinerian Professor
of English Law at Oxford
University, and author of, among
other works, The Law of the
Constitution.

Introduction to the Study of the Law of the Constitution

The Law of the Constitution elucidates the guiding principles of the


modern constitution of England: the legislative sovereignty of
Parliament, the rule of law, and the binding force of unwritten
conventions.
DROIT ADMINISTRATIF
• Founded by the Legendary French
Military Leader NAPOLEON BONAPARTE
• Is a unique characteristic of the
administrative setup of France
Distinguishing Features of DROIT
ADMINISTRATIF according to DICEY
 The rights of the states are determined by a special
body of law which are not applicable to the citizens
 The ordinary courts have no jurisdiction in cases in
which the state officials in their official capacity are a
party
 There is a special protection that was given to officials
for wrongful acts done in the course of their duty.
An independent body that This council of the State
reviews every comprises of eminent civil
administrative action servants

It deals with a variety


of matters like:
1. Income Tax COUNCIL It can interfere in
2. Claims for damages OF THE administrative order if
for wrongful acts of there is:
Government STATE 1. Lack of jurisdiction
servants (CONSEIL 2. The error of law
3. Personal claims of d’ETAT) 3. Misapplication of
Civil Servants power
against wrongful 4. The irregularity of
dismissal or procedure
suspension
4. Disputed Elections
SOURCES OF ADMINISTRATIVE LAW

 The CONSTITUTION of the Country


 The ENACTMENTS or STATUS and RESOLUTION of the
Legislature
 CHARTERS granted by the Legislature or the Executive
 ORDINANCES, RULES, REGULATIONS, ORDERS, or DECISIONS
issued by the administrative authorities
 CUSTOMS and CONVENTIONS
 JUDICIAL DECISIONS
SCOPE OF ADMINISTRATIVE LAW
 Problems of public personnel
 Problem of financial administration
 Legal conditions of administrative discretion
 Administrative Law and administrative courts
 Administrative regulations
 Administrative examination
 Government contracts
 Claims against Government
 Remedies against administrative actions
 Law relating to the status and recognition of personal association
 Legal rules as applicable to the action of plural-headed administrative
bodies
MODULE II
 ADMINISTRATIVE LAW
• RULE OF LAW
• DELEGATED LEGISLATION
• ADMINISTRATIVE ADJUDICATION
RULE OF LAW
 Rule of Law means that “ no man is punishable or
can be lawfully made to suffer in body or goods
except for a distinct breach of law establish in
the ordinary legal manner before the ordinary
courts of the Land.
 The Rule of Law means EQUALITY before the Law.
 The Rule of Law means that “ the general
principles of the constitutions are….the result of
judicial decisions determining the rights of
private persons in particular cases brought before
the courts
one of the Major principles
of Good Governance in Philippine Constitution
 Section 1 Article III
-Due Process and Equal Protection of Law
 Section 15 (1) Judicial Department
-Speedy Trial of cases to guard against “justice delayed, justice denied”
 Section 27 Article II
-Adopt measures against graft and corruption
 Section 5 and 13 Article XI Accountability of Public Officers
-Creation of Office of Ombudsman to check Public Officers
 Section 22 Article II
-Rights of Indigenous cultural communities
 Section 17 Article XIII
-Creation of Human Rights Commission
ADMINISTRATIVE LAW AND RULE OF LAW
 The modern concept of RULE OF LAW will be frustrated if
not supported by a sound administration, and only a
separate administrative law can provide that sound
administration
 Administration cannot function in a vacuum, it needs a
sound administrative law for itself to work properly. And
all this together only will lead to the rule of law.
 Thus rule of Law and administrative law are both
complementary and are inter dependent to make each
other work.
POWERS OF ADMINISTRATIVE
AGENCIES
Quasi-legislative power/ Delegated
Legislation
Quasi-judicial power/Administrative
Adjudication
Incidental powers
MODULE II
 ADMINISTRATIVE LAW
 RULE OF LAW
• DELEGATED LEGISLATION
• ADMINISTRATIVE ADJUDICATION
DELEGATED LEGISLATION
It is the authority delegated by the legislature
to the executive body to adopt rules and
regulations intended to carry out the provisions
of a law and implement legislative policy
DELEGATED LEGISLATION

Executive
Legislation It can be challenged not
only as ultra vires being
Subordinate
Legislation
unconstitutional but also
as inconsistent with the
“parent” act, the act
under which it was made
REASONS FOR THE GROWTH OF DELEGATED
LEGISLATION
 Lack of Parliamentary time
 Scientific and Technological Character of the Subject Matter
 Need to secure flexibility
 To provide Unforeseen contingencies
 Legislature cannot foresee
 Affected interest better consulted
 Administrator better aware of the requirements of the situation
 Rules to be lenient in the initial stages
 Proper drafting of rules
DELEGATED LEGISLATION
ADVANTAGES DISADVANTAGES
 Time of Parliament Saved  Individual Liberties at
 Flexibility of Rules stake
 Interest Affected  Delegation of Unlimited
Consulted power
 Expert knowledge utilized  Jurisdiction of Courts
Ousted
 Avoidance of litigation
 Interest of the people
 Prompt actions in ignored
Emergencies
 Inadequate Scrutiny
 Confusion and chaos
MODULE II
 ADMINISTRATIVE LAW
 RULE OF LAW
 DELEGATED LEGISLATION
• ADMINISTRATIVE ADJUDICATION
ADMINISTRATIVE ADJUDICATION
 The determination of questions of a judicial or quasi-
judicial nature by an administrative department or
agency.
 According to LD White, administrative adjudication means
the investigation and settling of a dispute involving a
private party on the basis of a law and fact by an
administrative agency
 Prof. Dimock defines it as the process by which
administrative agencies settle issues arising in the course
of their work when the legal rights are in questions.
Administrative Adjudication may take the following
forms:
1. Advisory administrative adjudication which means that the power of
FINAL DECISION is vested in the head of the department or other
authority.
2. Administrative adjudication may constitute a part of the regular
functions of an administrative officer
3. Administrative adjudication may be combined with a legislative
administrative process
4. Regular suits may be filled against administrative decision
5. Administrative adjudication may be adopted for settlement of claims
6. Administrative adjudication may sometimes serves as a condition
precedent to the performance of an act.
CAUSES OF THE GROWTH OF
PUBLIC ADMINISTRATION
A by-product of welfare state
 Suitableto Industrialized and Urbanized
Societies
 Safety to be ensured
 Standards of conduct to be devised
ADMINISTRATIVE ADJUDICATION
ADVANTAGES DISADVANTAGES
 Cheaper  Violation of Rule of Law
 Speedy Justice  Limited Right to appeal
 Useful in developing  Lack of Publicity
democracies  Tribunal is not judicially
 Fixing of standards  Uniform procedures non-
 Flexibility existent
REFERENCES:

 “Administrative Law/ Philippine Law Reviewers”,


https://lawphilreviewer.wordpress.com
 “What is the rule of law? Definition and meaning”, www.businessdictionary.com
 Wikipedia
 www.google.com.ph
 “Analysis of the Concept of Delegated Legislation”, https://blog.ipleaders.in
 Academic Law research.blogspot.com
 Module II for Theory and Practice of Public Administration
 Politics and Governance and the Philippine Constitution, Lourdes Santos, et. Al