17150175 Nachura Notes Admin
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Nachura Notes – Administrative Law (Kiddy)
I. GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.
Kinds
1.
2.
3.
4.
Statutes
Rules, regulations or orders
Determinations, decisions and orders
Body of doctrines and decisions
Administration
1. as a Function – the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority
2. as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
Administrative Bodies or Agencies
- Organ of government which affects the rights of private parties either through adjudication or rule-making.
- Creation
1. constitutional provision
2. legislative enactment
3. authority of law
- Criterion
¾ primarily regulatory
¾ on its rule-making authority it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.
- Types
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals, pursuant to police power
6. adjust individual controversies because of strong social policy involved
7. make the government a private party
II. POWER OF ADMINSITRATIVE BODIES
PinoyLaw.Net Notesbank
Nachura Notes – Administrative Law (Kiddy)
Powers of Administrative Bodies
1. Quasi-legislative or rule-making power
2. Quasi-judicial or adjudicatory
3. Determinative
Quasi-Legislative Power
¾ Exercise of delegated legislative power
¾ Involves no discretion as to what the law shall be
Nachura Notes – Administrative Law (Kiddy)
I. GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.
Kinds
1.
2.
3.
4.
Statutes
Rules, regulations or orders
Determinations, decisions and orders
Body of doctrines and decisions
Administration
1. as a Function – the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority
2. as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
Administrative Bodies or Agencies
- Organ of government which affects the rights of private parties either through adjudication or rule-making.
- Creation
1. constitutional provision
2. legislative enactment
3. authority of law
- Criterion
¾ primarily regulatory
¾ on its rule-making authority it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.
- Types
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals, pursuant to police power
6. adjust individual controversies because of strong social policy involved
7. make the government a private party
II. POWER OF ADMINSITRATIVE BODIES
PinoyLaw.Net Notesbank
Nachura Notes – Administrative Law (Kiddy)
Powers of Administrative Bodies
1. Quasi-legislative or rule-making power
2. Quasi-judicial or adjudicatory
3. Determinative
Quasi-Legislative Power
¾ Exercise of delegated legislative power
¾ Involves no discretion as to what the law shall be