ADMIN LAW Flashcards
ADMIN LAW
Branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to the individual remedies for the violations of his rights
ADMINISTRATIVE BODIES
body, other than the courts and the legislature, endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution.
ADMIN BOD : CREATION
- by constitutional provision;
- by legislative enactment; and
- by authority of law.
POWERS OF ADMINISTRATIVE BODIES
- Quasi-legislative or rule-making power;
- Quasi-judicial or adjudicatory power; and
- Determinative powers.
QUASI-LEGISLATIVE OR RULE-MAKING POWER
In exercise of delegated legislative power, involving no discretion as to what law shall be, but merely authority to fix details in execution or enforcement of a policy set out in law itself.
RULE MAKING POWER : REQ VALID EXERCISE
- Issued under authority of law;
- Within the scope and purview of the law;
- Promulgated in accordance with the prescribed procedure: NOTICE & HEARING ….PUBLICATION
- Reasonable
Doctrine of Subordinate Legislation
power of administrative agency to promulgate rules and regulations on matters of their own specialization.
Doctrine of Legislative Approval by Re-enactment
the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was re-enacted by later legislation or through codification.
The Legislature is presumed to have full knowledge of the contents of the regulations then at the time of re-enactment.
QUASI-JUDICIAL OR ADJUDICATORY POWER
● Proceedings partake of nature of judicial proceedings. Administrative body granted authority to promulgate its own rules of procedure
QJ POWER: 2 CONDITIONS
- due process; and
- jurisdiction
- Doctrine of Prior Resort or (Doctrine of Primary Administrative Jurisdiction
where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter.
- Doctrine of Finality of Administrative Action
no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted
Effect of Failure to Exhaust Administrative Remedies
as a general rule, jurisdiction of the court is not affected but the complaint is vulnerable to dismissal due to lack of cause of action.
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
When made:
- to determine constitutionality or validity of any treaty, law, ordinance, executive order, or regulation;
- to determine jurisdiction of any administrative board, commission or officer;
- to determine any other questions of law; and
- to determine questions of facts when necessary to determine either:
a. constitutional or jurisdictional issue;
b. commission of abuse of authority; and
c. when administrative fact finding body is unduly restricted by an error of law.
