61777393 Administrative LAW Midterm Reviewer by Cherry

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ADMINISTRATIVE LAW MIDTERM REVIEWER GENERAL PRINCIPLES Administrative Law - belongs to the field of public law which includes constitutional law, criminal law, and international law - no agreement as to the scope or bounds of the term - in its widest sense: entire system of laws under which the machinery of the State works and by which the State performs all government acts; embrace all the laws that regulate or control the administrative organization and operations of the government including t
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  ADMINISTRATIVE LAWMIDTERM REVIEWERGENERAL PRINCIPLESAdministrative Law -belongs to the field of public law which includes constitutional law, criminal law, andinternational law-no agreement as to the scope or bounds of the term- in its widest sense: entire system of laws under which the machinery of the State works andby which the State performs all government acts;embrace all the laws that regulate or control the administrative organization and operations of the government including the legislative and judicial branches- broad definition: law which provides the structure of government and prescribes itsprocedure;law which controls or is intended to control the administrative operations of the government orthe law of governmental administration- less comprehensive sense: part of public law which fixes the organization and determinesthe competence of the administrative authorities, and indicates to the individual, remedies forthe violation of his rights- narrower or more limited signification: administrative law has been defined as follows:a. branch of modern law under which the executive department of government acting in aquasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for thepurpose of promoting the well-being of the communityb. system of legal principles to settle the conflicting claims of executive and administrativeauthority on the one hand and of individual or private rights on the otherc. law concerning the powers and procedures of administrative agencies including specially thelaw governing judicial review of administrative sanction- generally understood today: part of the law which governs the organization, functions, andprocedures of administrative agencies of the government to which (quasi) legislative powers aredelegated and (quasi) judicial powers are granted, and the extent and manner to which suchagencies are subject to control by the courts Scope of Adminstrative Law -law which fixes the administrative organization and structure of the government-law, the execution or enforcement of which is entrusted to administrative authorities-law which governs public officers including their competence, rights, duties, liabilities, election,etc-law which creates administrative agencies, defines their powers and functions, prescribes theirprocedures, including the adjudication or settlement by them of contested matters involvingprivate interests-law which provides the remedies, administrative or judicial, available to those aggrieved byadministrative actions or decisions-law which governs judicial review of, or relief against, administrative actions or decisions-rules, regulations, orders and decisions (including presidential proclamations) made byadministrative authorities dealing with the interpretation and enforcement of the laws entrustedto their administration-body of judicial decisions and doctrines dealing with any of the above-THUS, embraces not only the law that governs administrative authorities (i.e. Constitution,statutes, judicial decisions) but also law made by administrative authorities (i.e. rules,regulations, orders and decisions)*** Administrative authorities – all those public officers and organs (i.e. administrative agencies) of the government that are charged with the amplification, application and execution of the law, but donot include, by virtue of the doctrine of separation of powers, Congress and regular courts Concerns of Administrative LawPrivate Rights -chief concern is protection of private rights-subject matter: nature and mode of exercise of administrative power and system of relief against administrative action Delegated power and combined powers 1  -concerned with officers and agencies exercising delegated powers and not with the exercise of the constitutional powers of the President Distinguished from International Law -administrative law: lays down the rules which shall guide the officers of the administration intheir actions as agents of the government-international law: cannot be regarded as binding upon the officers of any governmentconsidered in their relation to the their own government except insofar as it has been adoptedinto the administrative law of the state Distinguished from Constitutional Law -constitutional law: prescribes general plan or framework of governmental organizationadministrative law: gives and carries out this plan in its minutest details-constitutional law: treats of the rights of individualadministrative law: treats them from standpoint of the powers of government-constitutional law: prescribes limitations on the powers of the government to protect the rightsof individuals against abuse in their exerciseadministrative law: indicates to individuals, remedies for violation of their rights-administrative law is the necessary supplement of constitutional law insofar as it fixes orregulates the administrative organization of the government-administrative law complements constitutional law insofar as it determines the rules relative tothe activity of the administrative authorities Distinguished from criminal law -criminal law: body of penal sanctions which are applied to all branches of the law, includingadministrative law-a rule of law protected or enforced by a penal sanction may be really administrative incharacter; one of the most common and efficient means of enforcing a rule of administrative lawis to give it a penal sanction Distinguished from law of public administration -public administration: practical management and direction of the various organs of the Stateand the execution o f state policies by the executive and administrative officers entrusted withsuch functions-subject matter of administrative law is public administration-true field of administrative law refers only to the external aspect of public administration Principal Divisions of administrative lawLaw of Internal Administration -treats of the legal relations between the government and its administrative officers, and of thelegal relations that one administrative officer or organ bears to another-comprehends topics as nature of public office, de jure and de facto officers, incompatible andforbidden offices-considers legal aspects of public administration on its institutional sidea. legal structure or organization of public administration; legal aspects of its institutionalactivities; legal questions in overall managementb. legal qualifications for office; legal disqualifications, appointment, removal, tenure,compensation; legal aspects of hierarchical form of department; legal relation of administrativesuperior and subordinate; legal relation between power of removal and power of direction Law of External Administration -concerned with legal relations between administrative authorities and private interests-4 parts:a. survey of those powers and duties of administrative authorities that relate directly to privateinterestsb. analysis of the scope and limits of such powersc. some account of the sanctions attached to, or the means of enforcing, official determinationsd. examination of remedies against official action Classification of administrative lawAs to its source 2  -draws a line between the law that governs or controls them, and that which is made byadministrative agenciesa. The law that controls administrative agencies- i.e. constitution, statutes, judicial decisions, executive orders, administrative orders of administrative superiorsb. The law made by administrative authorities- includes both general regulations and particular determinations-constitutes an imposing and constantly expanding body of law As to its purpose -a. Adjective or procedural administrative law- establishes the procedure which an agency must or may follow in the pursuit of its legalpurpose- derived from constitution or statute or agency regulationsb. Substantive administrative law- derived from the same sources as procedural but its contents are different in that the lawestablishes primary rights and duties As to its applicability -a. General administrative law- part of administrative law which is of a general nature and common to all, or most,administrative agencies- chiefly but not exclusively procedural lawb. Special or particular administrative law- part of administrative law that pertains to particular agencies- proceeds from the particular statute creating the individual agency Advantages of the administrative process *** Administrative process: includes whole of the series of acts of an administrative agency wherebythe legislative delegation of a function is made effectual in particular situations; embraces mattersconcerning procedure in the disposition of both routine and contested matters, and the matter in whichdeterminations are made, enforced, and reviewed  Advantages of administrative adjudication as compared with executive action -insures greater uniformity and impersonality of action Limitations upon the powers of courts -with respect to issuance of rules and regulations of general applicability which involve discretionwith respect to future conduct-judicial process not an alternative to administrative process Trend toward preventive legislation -desire for more effective and more flexible preventive remedies Limitations upon effective legislative actionLimitations upon exclusively judicial enforcement  Advantages of continuity of attention and clearly allocated responsibility Need for organization to dispose of volume of business and to proved the necessary records Criticisms against administrative action (Weaknesses) -tendency towards arbitrariness-lack of legal knowledge and aptitude in sound judicial technique-susceptibility to political bias or pressure-disregard for safeguards that insure full and fair hearing-absence of standard rules of procedure suitable to the activities of each agency-dangerous combination of legislative, executive, and judicial functions Relation between administrative agencies and courts Collaborative instrumentalities -courts may entertain action brought before them, but call to their aid the appropriateadministrative agency on questions within its administrative competence Role of courts -accommodate the administrative process to the traditional judicial system-accommodate private rights and the public interest in the powers reposed in administrativeagencies 3  -reconcile in the field of administrative action, democratic safeguards and standards of fair playwith the effective conduct of government Discharge of judicial role -courts must aim to:a. maintain constitutionb. give due deference to the role of administrative agenciesc. lend powers of the court to the proper attainment of the valid objectives of the administrativeagencyd. leave to the legislature or the people the remedy for unwise or undesirable administrativeaction Administration as a separate powerAs a function -administration is the execution, in non-judicial matters, of the law or will of the State asexpressed by the competent authority As an organization -“the” administration means popularly the most important administrative authorities Administration as an organization distinguished from government -government: institution or aggregate of institutions by which an independent society makes andcarries out those rules of action which are necessary to enable men to live in a civilized state-administration: aggregate of those persons in whose hands the reins of government areentrusted by the people for the time being NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIESCreation, reorganization, and abolition of administrative agencies -some are created by or receive their powers from constitutional provisions which may be self-executing, but most of them have their source in legislative enactments-executive may also create administrative agencies-administrative agencies of statutory origin are subject to expansion or contraction of theirpowers and functions, or to reorganization or abolition at the will of Congress Administrative Agency -agency exercising some significant combination of executive, legislative, and judicial powers-charged with administering and implementing particular legislation Administrative agency or body and court distinguished -administrative body: generally large organization staffed by men who are deemed to becomelike experts in their particular fieldscourt: tribunal which is presided by one or more jurists learned in the law-administrative body: performs variety of functionscourt: only one function - judicial-administrative body: uses a varying degree of discretion in arriving at decisions, often withoutbeing bound by technical rules of evidencecourt: governed by fixed rules in arriving at its decisions and bound by rules Status or character of particular administrative agenciesAs public or governmental agencies -functioning within the scope of their authority, for and on behalf of the government, and asrepresentatives of the public As judicial bodies or courts -not courts in the strict sense-cannot exercise purely judicial functions, do not have inherent powers of court, not bound intheir proceedings-judicial bodies in the broad sense that they exercise powers judicial in nature and theirproceedings partake of the nature of judicial proceedings As legislative or executive agenciesAs independent or subordinate bodiesAS corporate bodies or legal entities 4
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