ADMINISTRATIVE LAW Indicates to individuals, remedies for the Prescribes the limitations on the powers

violation of their rights. of the government to protect the rights of

Administrative Law individuals against abuse in their
– The part of the law which governs the organization, functions and procedures of exercise.
administrative agencies of the government to which legislative powers are delegated ADMINISTRATIVE LAW CRIMINAL LAW
and (quasi) judicial powers are granted, and the extent and manner to which such Law enforced by a penal sanction may Body of penal sanctions which are
agencies are subject to control by the courts. be administrative In character and the applied to all branches of the law.
mere affixing of a penalty to the violation
1. Scope of Administrative Law of a rule of administrative law does not
Laws covering the following: deprive such rule of its administrative
1. Fixes the administrative organization and structure of the government; character.
2. Execution and enforcement of laws entrusted to administrative authorities; ADMINISTRATIVE LAW LAW OF PUBLIC ADMINISTRATION
3. Governs public officers; Refers only to the external aspect of Practical management and direction of
4. Creates administrative agencies, defines their powers ad functions, prescribes public administration. Narrower branch the various organs of the State and the
their procedures; but it constitutes the bulk of the law of execution of state policies by the
5. Provides remedies, administrative or judicial, available to those aggrieved parties public administration. executive and administrative officers
by administrative actions or decisions; entrusted with such functions.
6. Governs judicial review of, or relief against, administrative actions or decision;
7. Rules, regulations, orders and decisions made by administrative authorities 4. Principal Subdivisions of Administrative Law:
dealing with the interpretation and enforcement of laws entrusted to their 1. Law of Internal Administration – it treats of the legal relations between the
administration; and government and its administrative officer or organ bears to another.
8. Body of judicial decisions and doctrines dealing with any of the above. 2. Law of External Administration – It is concerned with the legal relations between
administrative authorities and private interest.
2. Administrative Authorities a) A survey of those powers and duties of administrative authorities that
– all those public officers and organs of the government that are charged with the relate directly to private interest;
amplification, application and execution of the law. b) An analysis of the scope and limits of such powers;
c) Some account of the sanctions attached to, or the means of enforcing,
Concerns of Administrative Law official determinations; and
1. The protection of PRIVATE RIGHTS, and its subject matter is, therefore, the nature d) An examination of the remedies against official actions.
and mode of exercise of administrative power and the system of relief against
administrative action. Classification of Administrative Law
2. Administrative law is concerned with officers and agencies exercising 1. As to its sources:
DELEGATED POWERS. It is concerned with the results from a FUSION OF a) The law that controls administrative authorities;
DIFFERENT TYOES OF GOVERNMENT POWERS in certain public officers b) The law made by administrative authorities.
which are part of the executive branch of the government. 2. As to its purpose:
a) Adjective or procedural administrative law;
b) Substantive administrative law
3. Differentiate: 3. As to its applicability:
ADMINISTRATIVE LAW INTERNATIONAL LAW a) General administrative law;
Rules which shall guide the officers of Cannot be regarded as binding upon the b) Special or particular administrative law.
the administration in their actions as officers of the government except insofar
agents of the government. as it has been adopted into the 5. Scope of the Administrative Process
administrative law of the State. It includes the whole series of the series of acts of an administrative agency whereby
ADMINISTRATIVE LAW CONSTITUTIONAL LAW the legislative delegation of a function is made effectual in particular situations. It
Minutest details General Plan or framework of embraces matters concerning the procedure in the disposition of both routine and
government organization contested matters, and the matter un which determinations are made, enforced and
Treats them from the standpoint of the Treats of the rights of the individual; Lays reviewed.
powers of government; Emphasizes the stress upon the rights.
powers of government and duties of the 6. Relation between administrative agencies and courts.
citizens. 1. Collaborative Instrumentalities – In effecting the collaboration of courts and
agencies, courts may entertain action brought before them, but call to their aid the
 appropriate administrative agency on questions within its administrative 8. Differentiate:
competence.
2. Role of court: Government Administration
a) To accommodate the administrative process to the traditional judicial Institution or aggregate of institutions Aggregate of those persons in whose
system; by which an independent society hands the reins of government are
b) To accommodate private rights and the public interest in the powers makes and carries out those rules of entrusted by the people for the time
reposed in administrative agencies; and action which are necessary to enable being.
c) To reconcile in the field of administrative action, democratic safeguards men to live in a civilized state, or which
and standards of fair play with the effective conduct of government. are imposed upon the people forming
3. The court must aim: that society by those who possess the
a) To maintain the Constitution by seeing that powers are not unlawfully power or authority of prescribing them.
vested in administrative agencies and to maintain the constitutional and
statutory rights of persons by seeing that powers lawfully vested in
administrative agencies are lawfully exercised but without abdicating their
judicial responsibility;
b) To give due reference to the role of the administrative agencies and not
to usurp or unwarrantedly limit the powers and functions lawfully vested
in them, or interfere with the proper exercise of their valid powers;
c) To lend the powers of the court to the proper attainment of the valid
objectives of the administrative agencies; and
d) To leave to legislature or the people the remedy for administrative action
which may be unwise or undesirable but is within the lawful powers of
agency.

7. Differentiate:
Administration of Government
Administrative officers
Not necessarily, or even often, the result
of any controversy and is not merely
dependent on the solution of the
question “what is the law” but made also
as a result of consideration of
expediency.
Administrative officers must determine
what is the law in order to determine
whether they are competent to act, but
furthermore, they must decide whether
in case they are competent to act, it is
wise for them to act.
Administration of Justice
Judicial officers
The work done consists in the decision
of controversies between individuals and
government officers, as to the
applicability in the cases in question of a
particular rule of law.
All judicial officers have to do is to
determine what law is applicable to the
facts brought before them.

8. Administration as a separate power.

1. As a function – Administration is the execution, in non-judicial matters, of the law
or will of the State as expressed by the competent authority. As a function,
administration may be external or internal.
2. As an organization – It is that group or aggregate of persons in whose hands the
reins of the government are for the time being. It is the entire administrative
organization extending from the Chief Executive down to its subordinates.