Podcast
Questions and Answers
What is a primary function of Administrative Law in the Philippine setting?
What is a primary function of Administrative Law in the Philippine setting?
- To ensure judicial proceedings are conducted in executive departments.
- To regulate private agreements without legislative input.
- To completely replace the court system in governing private activities.
- To implement statutes through regulatory agencies. (correct)
Which limitation applies to administrative agencies?
Which limitation applies to administrative agencies?
- They can exercise unlimited judicial functions.
- They can declare laws as unconstitutional.
- They are not bound by all court procedural rules. (correct)
- They have the same legal powers as courts.
What is one characteristic of administrative agencies?
What is one characteristic of administrative agencies?
- They have inherent judicial powers.
- They operate exclusively under the judicial branch.
- They can promulgate their own rules and regulations. (correct)
- They are limited to executing laws without regulatory authority.
What role do administrative agencies play in relation to the legislative branch?
What role do administrative agencies play in relation to the legislative branch?
What is a key benefit of the flexibility offered by administrative law?
What is a key benefit of the flexibility offered by administrative law?
Which statement best describes the nature of administrative law?
Which statement best describes the nature of administrative law?
What is one limitation that administrative agencies do NOT have?
What is one limitation that administrative agencies do NOT have?
Why is cooperation between officers and private individuals essential in administrative law?
Why is cooperation between officers and private individuals essential in administrative law?
What is a permissible delegation of power according to the content?
What is a permissible delegation of power according to the content?
Which of the following is NOT considered an absolute prohibition on delegation of powers?
Which of the following is NOT considered an absolute prohibition on delegation of powers?
What characterizes unconstitutional delegation of power?
What characterizes unconstitutional delegation of power?
What rule does the constitution preclude regarding the legislature?
What rule does the constitution preclude regarding the legislature?
Which of these represents a situation where delegation by the legislature may not occur?
Which of these represents a situation where delegation by the legislature may not occur?
Which of the following describes the role of judicial review in delegation of powers?
Which of the following describes the role of judicial review in delegation of powers?
What type of powers can the legislature not delegate, according to the content?
What type of powers can the legislature not delegate, according to the content?
Which option best describes the nature of permissible delegation under the Constitution?
Which option best describes the nature of permissible delegation under the Constitution?
What essential power cannot be delegated by the legislature?
What essential power cannot be delegated by the legislature?
For how long may the Prime Minister exercise powers authorized by the National Assembly?
For how long may the Prime Minister exercise powers authorized by the National Assembly?
Which of the following is NOT considered essential to the legislative function?
Which of the following is NOT considered essential to the legislative function?
What did the Supreme Court rule regarding the emergency powers of the President?
What did the Supreme Court rule regarding the emergency powers of the President?
Which of these powers can the National Assembly authorize the Prime Minister to fix?
Which of these powers can the National Assembly authorize the Prime Minister to fix?
What aspect of legislative power involves the approval of rules to effectuate laws?
What aspect of legislative power involves the approval of rules to effectuate laws?
What is a characteristic of the powers granted during a national emergency?
What is a characteristic of the powers granted during a national emergency?
Which of the following does the legislature retain the power to do?
Which of the following does the legislature retain the power to do?
What must a law achieve to be considered complete when it leaves the legislative branch?
What must a law achieve to be considered complete when it leaves the legislative branch?
Which of the following is a criterion that must be met for a valid delegation of power?
Which of the following is a criterion that must be met for a valid delegation of power?
What happens if a law is found incomplete in its legislative provisions?
What happens if a law is found incomplete in its legislative provisions?
Which statement best describes a law's 'Completeness' in terms of delegation?
Which statement best describes a law's 'Completeness' in terms of delegation?
In order for a statute to provide standards, which aspect must it clearly pronounce?
In order for a statute to provide standards, which aspect must it clearly pronounce?
What is the primary concern when a legislature does not set forth a law completely?
What is the primary concern when a legislature does not set forth a law completely?
What role does the judicial review play regarding statutes that delegate powers?
What role does the judicial review play regarding statutes that delegate powers?
Why is it essential that a law does not leave too much to the discretion of the delegate?
Why is it essential that a law does not leave too much to the discretion of the delegate?
What is one power that cannot be delegated by the Legislature according to the Constitution?
What is one power that cannot be delegated by the Legislature according to the Constitution?
Why is it stated that the Legislature did not need to specify details of a flag ceremony?
Why is it stated that the Legislature did not need to specify details of a flag ceremony?
Where should the 'Legislative Standard' be ideally located?
Where should the 'Legislative Standard' be ideally located?
What is the importance of 'Clear Legislative Intent to Delegate'?
What is the importance of 'Clear Legislative Intent to Delegate'?
Which aspect is NOT necessary for the validity of the statute concerning the flag ceremony?
Which aspect is NOT necessary for the validity of the statute concerning the flag ceremony?
What might the Legislature confer on administrative boards or bodies?
What might the Legislature confer on administrative boards or bodies?
What could be a consequence of delegating legislative power improperly?
What could be a consequence of delegating legislative power improperly?
Which of the following statements is TRUE about the powers of the Legislature?
Which of the following statements is TRUE about the powers of the Legislature?
Study Notes
Administrative Law - Key Characteristics
- The text discusses the nature and characteristics of administrative law.
- Administrative law deals with the regulation of powers and actions of administrative agencies.
- Administrative law ensures protection of public interest by going beyond private interests.
- Administrative law allows flexibility to make adaptable regulations for evolving needs.
- Administrative law enables the administration of regulations and internal management of agencies.
Key Areas of Administrative Law
- Administrative law encompasses the regulation of private activities.
- Administrative agencies are increasingly used to implement policies and enforce regulations.
- Administrative agencies possess quasi-judicial powers to adjudicate controversies.
- Agencies are given power to create rules and regulations to implement statutes.
Nature of Administrative Agencies
- Administrative agencies can be viewed as agents of the legislative branch.
- Their role is to implement and enforce policies created by the legislature.
- Agencies can be granted emergency powers during times of crisis or national emergency.
Limitations of Administrative Agencies - Acting as a Court
- Administrative agencies are limited in their ability to perform purely judicial functions.
- Agencies do not possess inherent powers of a court.
- They are not bound by all the rules of court procedures.
Unconstitutional Delegation of Power
- Delegating power to administrative agencies without sufficient safeguards is unconstitutional.
- Such delegation must include procedures, judicial review, and a public good justification.
- The establishment of procedural safeguards, judicial review, and the assumption that the officer acts for the public good does not validate unconstitutional delegation of power.
Permissible Delegations Under the Constitution
- The Philippine Constitution allows delegation of powers that are not strictly legislative in nature.
- The legislature cannot delegate its power to make purely substantive law.
- The 1973 Constitution, Art.VIII, Secs. 15 & 17(2), now enshrined in Art.VI, Sec. 23(2) & 28(2) 1987 Constitution, allows delegation of certain powers during times of war or national emergency.
Examples of Permissible Delegations
- The legislature can delegate the power to determine facts or contingencies upon which the applicability of a law depends.
- Delegation to the people at large is acceptable when reserved in the constitution.
- Delegation of power in foreign or international relations to the executive branch is permissible.
Completeness or Incompleteness of the Statute Test
- A law must be complete in its provisions when leaving the legislative branch.
- The law should not leave any decisions to the judgment of administrative officials or delegates.
- A law is considered an improper delegation if it is incomplete and authorizes an executive board to decide what constitutes an infringement of the law.
Legislative Standard
- The legislative standard must be clearly defined in the language of the statute.
- The statute must pronounce standards to guide the actions of the delegate.
- Standards should provide a basis for judicial review of the validity of subordinate actions.
Powers Vested in the Legislature that Cannot be Delegated
- The legislature cannot delegate the power to declare the existence of a law.
- It cannot delegate the power to determine the general purpose or policy to be achieved by a law.
- The legislature cannot delegate the power to fix the limits within which the law shall operate.
“Clear Legislative Intent to Delegate”
- The legislature must clearly express its intention to delegate legislative power.
- The legislature can confer quasi-judicial powers on administrative bodies, as an incident to their administrative functions.
- Delegation of power should be consistent with the fundamental legislative purpose.
Summary of Key Points
- Administrative law plays a vital role in regulating government agencies and ensuring public good.
- The constitution sets limits on delegation of powers to prevent abuse and ensure legislative accountability.
- The balance between administrative flexibility and legislative authority is a critical element of administrative law.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the essential characteristics and nature of administrative law. It discusses the role of administrative agencies, their powers, and the importance of regulation in protecting public interests. Dive into the distinctive features that enable agencies to adapt to evolving needs while maintaining transparency and fairness.