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Administrative Law - Key Characteristics
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Administrative Law - Key Characteristics

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Questions and Answers

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?

  • 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?

  • 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?

    <p>They are sometimes seen as agents of the legislative branch.</p> Signup and view all the answers

    What is a key benefit of the flexibility offered by administrative law?

    <p>It enables the prevention of socially harmful activities.</p> Signup and view all the answers

    Which statement best describes the nature of administrative law?

    <p>It includes both administrative regulation and management.</p> Signup and view all the answers

    What is one limitation that administrative agencies do NOT have?

    <p>They can establish their own courts.</p> Signup and view all the answers

    Why is cooperation between officers and private individuals essential in administrative law?

    <p>To avoid controversies that could disrupt public interests.</p> Signup and view all the answers

    What is a permissible delegation of power according to the content?

    <p>Delegation requiring assumption that officers act for public good.</p> Signup and view all the answers

    Which of the following is NOT considered an absolute prohibition on delegation of powers?

    <p>Delegation to the executive in international relations.</p> Signup and view all the answers

    What characterizes unconstitutional delegation of power?

    <p>Involves complete transfer of legislative authority.</p> Signup and view all the answers

    What rule does the constitution preclude regarding the legislature?

    <p>Delegation of powers that are strictly legislative.</p> Signup and view all the answers

    Which of these represents a situation where delegation by the legislature may not occur?

    <p>When conferring power upon an administrative agency.</p> Signup and view all the answers

    Which of the following describes the role of judicial review in delegation of powers?

    <p>It serves as a procedural safeguard against misuse of power.</p> Signup and view all the answers

    What type of powers can the legislature not delegate, according to the content?

    <p>Powers that are uniquely legislative in character.</p> Signup and view all the answers

    Which option best describes the nature of permissible delegation under the Constitution?

    <p>Specified by the Constitution and closely regulated.</p> Signup and view all the answers

    What essential power cannot be delegated by the legislature?

    <p>The power to enact purely substantive law</p> Signup and view all the answers

    For how long may the Prime Minister exercise powers authorized by the National Assembly?

    <p>For a limited period and until the next adjournment of the Assembly</p> Signup and view all the answers

    Which of the following is NOT considered essential to the legislative function?

    <p>Establishing fiscal policies</p> Signup and view all the answers

    What did the Supreme Court rule regarding the emergency powers of the President?

    <p>They should be self-liquidating and limited in duration.</p> Signup and view all the answers

    Which of these powers can the National Assembly authorize the Prime Minister to fix?

    <p>Import and export quotas</p> Signup and view all the answers

    What aspect of legislative power involves the approval of rules to effectuate laws?

    <p>Legislative approval</p> Signup and view all the answers

    What is a characteristic of the powers granted during a national emergency?

    <p>They coexist with the emergency conditions that led to them.</p> Signup and view all the answers

    Which of the following does the legislature retain the power to do?

    <p>Determine fundamental parameters of law</p> Signup and view all the answers

    What must a law achieve to be considered complete when it leaves the legislative branch?

    <p>It must set forth the policy to be executed by the delegate.</p> Signup and view all the answers

    Which of the following is a criterion that must be met for a valid delegation of power?

    <p>The standards to guide delegate behavior must be sufficiently determinate.</p> Signup and view all the answers

    What happens if a law is found incomplete in its legislative provisions?

    <p>It is deemed unconstitutional as an improper delegation of power.</p> Signup and view all the answers

    Which statement best describes a law's 'Completeness' in terms of delegation?

    <p>A law must clearly define the policy to be implemented by a delegate.</p> Signup and view all the answers

    In order for a statute to provide standards, which aspect must it clearly pronounce?

    <p>The limits to which the delegate must conform.</p> Signup and view all the answers

    What is the primary concern when a legislature does not set forth a law completely?

    <p>The law may lead to arbitrary enforcement by the delegate.</p> Signup and view all the answers

    What role does the judicial review play regarding statutes that delegate powers?

    <p>Judicial review provides a check to ensure that delegated actions are not ultra vires.</p> Signup and view all the answers

    Why is it essential that a law does not leave too much to the discretion of the delegate?

    <p>It ensures consistency and fairness in the application of the law.</p> Signup and view all the answers

    What is one power that cannot be delegated by the Legislature according to the Constitution?

    <p>To determine the general purpose or policy to be achieved by the law</p> Signup and view all the answers

    Why is it stated that the Legislature did not need to specify details of a flag ceremony?

    <p>All that is required is laying down standards and policies</p> Signup and view all the answers

    Where should the 'Legislative Standard' be ideally located?

    <p>In the provision of the statute delegating the authority</p> Signup and view all the answers

    What is the importance of 'Clear Legislative Intent to Delegate'?

    <p>It ensures the delegation does not violate constitutional principles.</p> Signup and view all the answers

    Which aspect is NOT necessary for the validity of the statute concerning the flag ceremony?

    <p>Detailed scheduling of the ceremony</p> Signup and view all the answers

    What might the Legislature confer on administrative boards or bodies?

    <p>Quasi-judicial powers involving judgment and discretion</p> Signup and view all the answers

    What could be a consequence of delegating legislative power improperly?

    <p>Destruction of the fundamentals of law</p> Signup and view all the answers

    Which of the following statements is TRUE about the powers of the Legislature?

    <p>The Legislature must lay down a standard before delegating powers to agencies.</p> Signup and view all the answers

    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.

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    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.

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