Administrative law (De Leon and de leon, jr.
, 2010)
CH.3: POWERS AND FUNCTIONS OF ADMINISTRATIVE
AGENCIES
A. IN GENERAL
Function – that which one is bound to do or which it is
one’s business to do.
Power – the means by which a function is fulfilled.
Sources:
 Constitution
 Statute creating it
NOTE: Failure to exercise powers granted to
administrative agencies does not forfeit or extinguish such
powers.
Scope:
1. Express and implied powers
Jurisdiction and powers of AAs are measured and limited,
by the Constitution or law creating them, to those
conferred expressly or by necessary or fair implication.
HOWEVER, statues conferring powers on AAs must be
liberally construed to enable them to discharge their
assigned duties in accordance with the legislative purpose.
An AA has ONLY such powers as are expressly granted to it
by law, but it has ALSO such powers as are necessarily
implied in the exercise of its express powers.
 Where a general power is conferred or duly
enjoined by law, every particular power necessary
for the exercise of one or the performance of
another is also conferred.
2. Inherent powers
An AA has no inherent power.
NOTE: Sometimes, implied powers are referred to as
inherent.
3. Quasi-judicial powers
Unless expressly empowered, AAs are bereft of quasi-
judicial powers. The extent to which an AA may exercise
given judicial powers depends largely, if not wholly, on the
statute empowering such agency. HOWEVER, they have in
their favor the presumption of regularity in the
performance of official function.
Nature of powers:
In general, the jurisdiction of AOs and AAs is special and
limited. HOWEVER, the powers conferred must be
commensurate with the duties to be performed and the
purposes to be lawfully effected. Powers of ABs have been
held broad and plenary within their fields, and only in
cases of manifest abuse may a court interfere.
NOTES: Persons dealing with AOs or AAs must take notice
of their authority to act, and are charged with the
knowledge of any and all limitations on their power.
A govt. agency must respect the presumption of
constitutionality and legality of a statute/regulation, until
such is repealed or amended by the legislature, or
otherwise set aside in an appropriate case by a competent
court.
Meaning of administrative power or function:
The term AP or AF is a convenient rather than a technical
term.
An AP is said to be any power not explicitly allocated in the
Constitution, although in its nature, legislative, executive,
or judicial.
Includes:
- powers which may be invested in agencies other
than the legislature without delegating legislative
powers;
- powers which may be vested in agencies other
that courts without infringing upon the judicial
power; and
- functions which may not be imposed upon a
member of the judiciary.
Most important AF is the exercise of judgment and
discretion which statues have vested in the administrative
agency. In the exercise of quasi-judicial functions, ABs
must not be too dogmatic as to restrict themselves to
literal interpretation of words and phrases. A complete
and wholistic view is needed to render a just and equitable
judgment.
Classification of powers:
As to nature:
1. investigatory
2. quasi-legislative or rule-making
3. quasi-judicial or adjudicatory
As to degree of subjective choice:
1. Discretional
Discretion – the power of right conferred upon them
by law of acting officially under certain circumstances,
according to the dictates of their own judgment and
conscience, and not controlled by the judgment or
conscience of others.
Essence is that the person exercising it may choose
which of several courses will be followed.
2. Ministerial
A ministerial duty is one in respect to which nothing is
left to discretion. It is a simple, definite duty arising
under the conditions admitted or proved to exist, and
imposed by law.
A ministerial act is one performed in response to a
duty which has been positively imposed by law and its
performance required at a time and in a manner or
upon conditions specifically designated, the duty to
perform under the conditions specified not being
dependent upon the officer’s judgment or discretion.
B. INVESTIGATORY POWERS
Investigatory powers in general:

Investigatory or inquisitorial powers include the power of
an AB to inspect the records and premises, and investigate
the activities of persons or entities coming under its
jurisdiction, or to secure, or to require the disclosure of
information by means of accounts, records, reports,
statements, testimony of witnesses, production of
documents, or otherwise.
Test to determine whether an AB is exercising judicial
functions or merely investigatory functions:
- If the only purpose for investigation is to evaluate
evidence submitted before it based on the facts
and circumstances presented to it, and if the
agency is not authorized to make a final
pronouncement affecting the parties, then there is
an absence of judicial discretion and judgment.
NOTES: This is conferred on practically all AAs. It is the
distinctive function which sets them apart from the court.
As SOLE power - Some AAs exist solely to secure and
provide info, and sometimes, to make recommendations.
As AID to other powers – It is used to inform AAs of
particular situations to determine whether they should
take further action; useful in rule-making or adjudicatory
functions.
Investigation is indispensable to prosecution.
The power of investigation consists in gathering,
organizing, and analyzing evidence.
Scope and extent of investigative powers:
Investigative powers must be exercised within the limits
prescribed and bear a reasonable and legitimate
relationship to the general powers granted.
1. Initiation of Investigation (on a complaint or on its
motion)
2. Conduct of Investigation
Usually private; so conducted that harmful publicity
will not be used in lieu of sanctions provided by law
3. Inspection and Examination
4. Requirements as to accounts, records, reports, or
statements
5. Requiring attendance of witnesses, giving of
testimony, and production of evidence
Not inherent to AAs; usually conferred by statute even
for purposes not quasi-judicial.
Compulsion exerted through judicial process.
6. Hearing (NOT necessary part of investigation)
7. Contempt Proceedings
May punish for contempt, but such power may be
exercised only through a statutory grant of power
8. Application of technical rules of procedure and
evidence (NOT strictly applied)
Right to counsel in administrative investigations:
1. Hearing NOT part of criminal prosecution.
Administrative law (De Leon and de leon, jr., 2010)
A party in an administrative inquiry may or may not be
assisted by counsel, irrespective of the nature of the
charges and of the respondent’s capacity to represent
himself, and no duty rests on such body to furnish the
person being investigated with counsel.
Right to counsel not always imperative because such
inquiries are conducted merely to determine whether
there are facts that merit disciplinary measure against
erring public officers and employees.
2. Exclusionary rule in custodial investigation NOT
applicable.
C. RULE-MAKING POWERS
In general:
1. Nature
What may be granted to an AA is rule-making power to
implement the law it is entrusted to enforce.
2. Necessity
Impractical for lawmakers to provide general regulation
for various AAs
Subordinate legislation is permitted to adapt to the
increasing complexity of modern life and variety of public
functions.
3. Conditions
Valid exception to non-delegation of legislative power
provided two conditions concur:
- Statute is COMPLETE in itself, setting forth the
policy to be executed by the agency; and
- Statute fixes a STANDARD, mapping out the
boundaries of the agency’s authority to which it
must conform.
4. Binding force and effect
A valid rule/regulation duly promulgated by an AA has the
force and effect of law and is binding on the agency and on
all those dealing with the agency.
5. Prospective application
Unless intent to the contrary is made manifest either by
express terms of the statute or by necessary implication.
Legislation on the admin level:
The rule-making power of an AA (the power to make
implementing or interpretative R or R) is legislative in
character and results in delegated legislation.
- Rule-making is legislation in the admin level
(legislation within the confines of the granting
statute, as required by the Consti); also called
admin legislation, delegated legislation,
ordinance-making, and quasi-legislation.
The power conferred upon an AA to issue or promulgate R
or R necessary to carry out its functions has been held to
be an adequate source of authority to delegate a particular
function.
Limitations on the rule-making power:

1. It may not make R&R which are inconsistent with
the provis of the Consti or a statute.
2. It may not amend, alter, modify, supplant, enlarge
or expand, restrict or limit the provis or coverage
of the statute.
3. It cannot engraft additional requirements not
covered by the statute.
4. In case of discrepancy between the basic law and
R or R, the basic law prevails because the latter
cannot go beyond the terms and provis of the
basic law.
5. An R or R should be uniform in operation,
reasonable, and not unfair or discriminatory.
Rules, regulations, and orders or rulings:
The R&R on an admin body or officer usually comprise
those actions of such body or officer in which the
legislative element predominates in that they establish a
pattern of conduct thereafter to be followed.
Regulations may be used in the sense of “rules” or only in
the sense of “interpretative regulation.”
The term ruling is used to signify an interpretation or an
application of a rule or statute to a particular situation.
They are actions in which there is more of the judicial
function.
Kinds of rule-making powers
1. Supplementary or detailed legislation
Rule-making by reason of particular delegation of
authority
2. Interpretative legislation
Rule-making by the construction and interpretation of a
statute being administered
3. Contingent legislation or determination
Under delegated power, whether a statute shall go into
effect
Kinds of rules and regulations
1. Discretionary or legislative
2. Interpretative
3. Contingent
4. Procedural
5. Internal or penal
Legislative rules and regulations
1. A form of subordinate legislation
Can be used only in virtue of statutory delegation; when
valid, they are accorded the force and effect of law
immediately upon going into effect.
AA acts in a legislative capacity, supplementing the statute,
filling in the details, or “making the law”.
2. Characteristics
a. The statute has delegated power to the agency
to adopt the rule; and
b. It provides that the rule shall, if within the
delegated power, have authoritative force.
Interpretative rules and regulations
Administrative law (De Leon and de leon, jr., 2010)
1. Resemble judicial adjudication
They are those which purport to do no more than interpret
the statute being administered. They have validity in
judicial proceedings only to the extent that they correctly
construe the statute.
2. Entitled to great weight and respect
Nevertheless, while interpretations of an AB ordinarily
control the construction of the courts, they are not
conclusive. They are at best advisory.
Legislative and interpretative rules distinguished
1. Power to create new law
LR are in the nature of subordinate legislation; products of
the power to create new and additional legal provisions
that have the effect of law, while IR are the product of
interpretation of previously existing law.
2. Need for express delegation
LR may be issued only under express delegation of the law,
while IR may be issued as a necessary incident of the
administration of a regulatory statute.
3. Presence of statutory sanction
LR may or may not have statutory sanction; IR none.
4. Binding force and effect
Valid legislative rules have the same force and effect as
valid statutes. IR are always subject to judicial
determination that they are erroneous, even when their
issuance is authorized by statute.
5. Consequence of wrong construction
No vested right can be acquired on a wrong construction of
the law by AOs and such wrong interpretation does not
place the government in estoppels to correct or overrule
the same.
Contingent rules and regulations
Congress may provide that a law shall take effect upon the
happening of future specified contingencies leaving to
some other person or body the power to determine when
the specified contingency has arisen.
Procedural rules
Refers to those describing the methods by which the
agency will carry out its appointed functions.
Practical Necessity of Rule-Making Power
1. Regulation of highly complex and changing
conditions
2. Gradual change in regulatory role of Congress
Complexity of conditions resulted in regulatory role of
Congress, i.e. provide only general principles of regulation,
and to devolve upon admin authorities the task of applying
those general principles.
Considered as not violative of due process as long as
cardinal rights of the parties affected are observed.
 Administrative law (De Leon and de leon, jr., 2010)

3. Inability of legislative bodies to anticipate 2. W it passes the completeness test AND

future situations the sufficient standard test
3. W it doesn’t violate any of the limitations
Which is why statutes are couched in general terms. (infra.)

Special advantages of the rule-making power Determination of validity of rules (questions to be

asked)
1. Freed from concern with details, the legislature
can concentrate its attention upon the enactment 1. Legislative rule
of the fundamentals of policy, and is thus
strengthened as the representative organ of W the rule relates to the subject matter on which power
govt. to legislate has been delegated;
2. Additional time to investigate how AAs have
concretized and enforced its policies. W the rule conforms to the standards prescribed in the
3. If a difficulty concerns details rather than basic delegatory statute; and
policy, easier to correct mistakes and meet
changing conditions. W the rule is invalid on constitutional grounds.
4. Administrator need not have to choose bet.
2. Interpretative rule
defeating the central purpose of the statute by
trying to work the unworkable, and evading the W the rule correctly interprets the statute/ W the rule
letter of the law. amounts to an attempt to exercise legislative powers not
5. The administrator is the one who, by constantly delegated.
rubbing elbows with his particular problems, can,
by trial and error, work out the specific TESTS applied in determining validity of rules
regulations best calculated to attain the
statutory objective. 1. A rule is invalid if it exceeds the authority
6. In working out the specifics of policy, a conferred to it.
bureaucracy is, ideally, subject to political 2. A rule is invalid if it conflicts with the governing
responsibility with respect to discretionary statute.
matters, and to professional responsibility with 3. A rule is void if it extends or modifies the statute.
respect to technical matters. 4. A rule is void if it has no reasonable relationship
7. If discretion in particular matters is untrammeled, to the statutory purpose.
it is more liable to abuse than if statutory 5. Courts will set aside rules deemed
generalities are made more specific and concrete unconstitutional, arbitrary, or unreasonable.
before they are applied to individual situations.
8. Interpretative regulations are a means to Requirements of reasonableness
increasing the certainty of the law, especially if
the statute provides that no crim/civ liability shall 1. Bear reasonable relation to the purpose sought to
apply to any act done or omitted in GF in be accomplished
conformity with such interpretation, 2. Supported by good reasons
notwithstanding that, after such act/omission, 3. Free from constitutional infirmities or charge of
such interpretations are held invalid by the courts. arbitrariness
9. Contingent legislation furnished a means by
which a policy can be blocked out by the NOTE:
legislature.
A liberal implementation is justified if their rigid
Requisites for validity of admin rules and regulations enforcement will result in deprivation of legal rights.

1. The rules and regulations must have been issued Internal rules and regulations
on the authority of law;
They refer to admin R&R issued by a superior admin or
2. Not contrary to law and the Constitution;
executive officer to his subordinates for the proper and
3. Promulgated in accordance with the established
efficient administration of the law.
procedure.
1. Object
NOTE:
Creates no relation except between the official who issues
In certain cases, previous notice and hearing or publication
them and the official who receives them
is necessary to satisfy due process.
For the efficient and economical administration of the
They must be published in full if their purpose is to enforce
affairs of the dept or agency in which they issued in
or implement existing law pursuant to a valid delegation.
accordance with the law governing the subj matter
Grant of Rule-making powers
2. Nature
1. By legislative act
Admin in nature; do not pass beyond the limits of the dept.
2. By implication from powers expressly granted
Creates no rights in 3rd persons.
TESTS TO DETERMINE VALIDITY OF R&R (according to
They are based on, and are the product of, a relationship in
Atty. Gallant Soriano)
which power is the source, and obedience, the object.
1. W it falls under a PERMISSIVE
Penal rules and regulations
DELEGATION (supra. See Ch.4)

Those carrying penal or criminal sanctions for violations of
the same.
ABs have the authority to issue admin regulations which
are penal in nature where the delegating statute itself
makes the violation of the admin regulation punishable
and provides for its penalty.
1. Requisites for validity
a. The law which authorizes the promulgation of
R&R must itself provide for the imposition of
a penalty for their violation;
b. It must fix or define such penalty;
c. The violation for which the R&R impose a
penalty must be punishable or made a crime
under the law itself; and
d. The R&R must be published in the Official
Gazette.
2. Nature of power to prescribe penalties
The lawmaking body cannot delegate to an AA or AO, the
power to declare what acts shall constitute a criminal
offense and how it shall be punished.
Legal force and effect of AR&R
1. Legislative R&R of an admin body which are valid
have the force and effect of law, and are just as
binding upon all the parties, as if they had been
written in the original law itself.
a. Valid if duly promulgated or adopted in
pursuance of properly delegated statutory or
constitutional authority of the agency.
b. Receive statutory force upon going into effect.
2. Interpretative R&R including admin
constructions do not have the force of law.
a. Validity subject to challenges in court
b. Contemporaneous construction, placed upon
the statute by the executive officers whose
duty is to enforce it, is entitled to great weight
and considerations by the courts. This is
especially true if the admin interpretation has
been observed for a long time without
objection.
c. In general, interpretative rules are considered
impt only where the statute itself is
ambiguous.
3. Rules prescribing the methods of procedure
within an agency have the effects of law, and are
binding on both the agency and on the
respondent.
Requirements of notice and hearing, or publication
1. Where rules do not apply to named or
specified parties
Where a function, legislative in nature is delegated, the
legislature need not require previous notice or hearing as a
prerequisite to the act of the AA, since the legis could have
performed that act without notice or hearing.
2. Where rules apply to named or specified
parties
Where rules/rates apply exclusively to a particular party
and are predicated upon a finding of fact, which fact is
denied by said party, the agency in making such finding of
fact, performs a quasi-judicial function necessitating
previous notice and hearing.
3. Where requirements prescribed by law
Administrative law (De Leon and de leon, jr., 2010)
4. Where rules have the force and effect of law
When the issuances are of general applicability, pub in OG
or in a newspaper of general circ in the Phil is necessary.
CA 638 mandates that EOs and Procs of general
applicability must also be published.
NOTE:
Publication is required as a condition precedent to the
effectivity of a law to inform the public of the contents of
the law or the R&R before their rights and interests are
affected by the same. Subsequent pub will not cure the
defect.
Pub must be in full or it is no pub at all.
5. Where the regulations merely or
interpretative
Need not be published.
D. Adjudicatory Powers
Quasi-judicial – a term which applies to the actions,
discretion, etc of a public admin officers/bodies that are
required to investigate facts, or ascertain the existence of
facts, hold hearings, draw conclusions from them, as a
basis for their official action and to exercise discretion of a
judicial nature.
TEST: It is the nature of the act to be performed, rather
than the office, board or body which performs it, that
determines whether or not it is exercising a judicial or
quasi-judicial function.
Generally
1. Involve specific parties
Describe powers and functions which involve the decision
or determination by AAs of the rights, duties, and
obligations of specific individuals and persons
2. Involve judicial function exercised by a person
other than a judge
Where a power rests in judgment or discretion, so that it is
of judicial nature or character, but does not involve the
exercise of functions of a judge, or is conferred upon an
officer other than a judicial officer, it is deemed quasi-
judicial. [Sandoval v. COMELEC, (2000)]
Distinguished from Judicial Power
Judicial power is the power to hear, try, and determine all
sorts of cases at law and equity which are brought before
the courts. It is the power and authority to make a final,
rather than an initial, determination of what the law is and
adjudicate the respective legal rights or liabilities of the
contending parties with respect to the matter in
controversy
Where the function is primarily administrative and the
power to hear and determine is merely incidental to such
administrative duty, such power is adjudicatory.
Extent of powers
1. Jurisdiction is LIMITED.

- Limited delegation of quasi-judicial authority
because of the need for special competence and
experience in the resolution of questions
- Extent of powers depends largely on the enabling
law. The grant of original jurisdiction on a quasi-
judicial agency is NOT IMPLIED.
2. Split jurisdiction NOT FAVORED.
- When an AB or AA is conferred quasi-judicial
functions, all controversies relating to the subject
matter pertaining its specialization are deemed to
be included within its jurisdiction.
3. Grant of particular power must be found in the
law itself.
4. General policy of courts to sustain decisions of
AAs
- Doctrine of separation of powers
- Presumed knowledgeability and expertise in the
laws they are entrusted to enforce
- Will not compel or prohibit, unless in cases of
grave abuse or excess of jurisdiction
Distinguished from investigative power
To INVESTIGATE means to examine, explore, inquire or
delve into. Does not involve resolving a controversy
involved in the facts inquired into by application of the
laws to the facts established by the inquiry.
To ADJUDICATE means to adjudge, arbitrate, determine,
rule on, to settle in the exercise of judicial authority.
Distinguished from rule-making
A rule is the product of rule-making, and rule-making is a
part of the admin process that resembles a legislature’s
enactment of statutes.
Adjudication is that part which resembles a court’s
decision of a case.
1. Futurity and retrospection
Adjudicatory action investigates, declares and enforces
liabilities as they stand on present or past facts and under
laws supposed to exist.
Rule-making looks to the future and changes existing
conditions by making a new rule to be applied thereafter
to all or some part of those subject thereto.
2. Generality and particularity
Adjudicatory function applies to named persons or to
specific situations.
Rule-making lays down general regulations that apply to
or affect classes of persons or situations.
HOWEVER, even though action is evidences by a rule, it
may still constitute adjudication. (Case in point, a licensing
board may law down general substantive regulations,
failure to meet such would deny a grant of license.)
3. Due process of notice and hearing
Administrative law (De Leon and de leon, jr., 2010)
In exercising adjudicatory function, due process
requirements must be observed.
Whereas, prior notice and hearing are not essential to the
validity of rules and regulations promulgated to govern
future conduct since there is no determination of past
events or facts that have to be established or ascertained.
Nature of particular acts
1. Licensing, enabling, or approving
The action of an AA in granting or denying, or in
suspending or revoking, a license/permit/franchise/CPC is
quasi-judicial or administrative NOT JUDICIAL.
Where a statute empowers an agency to revoke a license
for non-compliance with or violation of agency regulations,
the admin act is of a judicial nature since it depends upon
the ascertainment of the existence of certain past or
present facts upon which a decision is to be made and
rights and liabilities determined.
2. Fixing rates and charges
Where the rules are meant to apply to all enterprises of a
given kind throughout the country, they may partake of
legislative character.
Where the rules and rates imposed apply exclusively to a
particular party, based upon a finding of fact, the function
is quasi-judicial. Prior notice and hearing required. But, an
AA may be empowered by law to approve provisionally,
when demanded by urgent public need, rates of public
utilities without a hearing.
- In any case, the rates must both be non-
confiscatory and must have been established in
the manner prescribed by the legislature.
- The basic requirement of reasonableness
comprehends such rates which must not be so low
as to be confiscatory, or too high as to be
oppressive. It assumes that the rates are fair to
both the public utility and the consumer.
3. Miscellaneous acts
Admin on the one hand, or as judicial in nature or quasi-
judicial, on the other hand
Classification of adjudicatory powers
1. Enabling powers
Usually characterized by the grant or denial of permit or
authorization
2. Directing powers
Illustrated by the corrective powers of public utility
commissions, powers of assessment under the revenue
laws, reparations under public utility laws, and awards
under workmen’s compensation laws, and powers of
abstract determination such as definition-valuation,
classification, and fact-finding
3. Dispensing powers
Exemplified by the authority to exempt from or relax a
general prohibition, or authority to relieve from an
affirmative duty. Sanctions a deviation from a standard
(whereas licensing power sets or assumes a standard).
 Administrative law (De Leon and de leon, jr., 2010)

4. Summary powers 1. Need for delegation

Used to designate admin power to apply compulsion or
force against a person or property to effectuate a legal
purpose without a judicial warrant
AA generally may not themselves enforce their
determinations, at least not by direct and positive action.
5. Equitable powers
CH.4: SEPARTION OF ADMINISTRATIVE AND OTHER
POWERS
Doctrine of Separation of Powers
Fundamental principle in a republic government. It obtains
not through express provision but by actual division in the
Constitution.
1. Allocation of governmental powers
- Details beyond the capacity of legislature to
determine
- Matter requires more specialized knowledge and
expertise
2. Requisites for delegation
a. Completeness of the statute making the
delegation; and
- a statute must be complete in itself so that by
appropriate judicial review and control, any action
taken pursuant to delegated authority may be
kept within the defined limits of the authority
conferred.
- a statute may be compete when the subject,
manner and the extent of its operation are stated
in it such that when it reaches the delegate, the
only thing he will have to do is enforce it.

Governmental powers are divided among the 3 depts and
confined such powers, precluding one branch from
exercising or invading the powers of another.
It is the duty of the Legislature to make the law; the
Executive to execute it; and the Judiciary to construe it.
2. Blending of allocated powers
Exact delimitation is impossible.
3. Exclusive exercise of assigned powers
The TRUE MEANING of the theory of separation of powers
is that the powers assigned to one department should not
be exercised by either of the other depts., and that no dept
ought to possess, directly or indirectly, an overruling
influence or control over the others.
- TEST: W the provision is sufficiently definite and
certain to enable one to know his rights and
obligations thereunder.
b. Presence of a sufficient standard.
- there must be adequate guidelines or limitations
in the law to map out the boundaries of the
delegated authority and prevent the delegation
from running riot.
- Standard may be express (prescribed by the law
itself), or implied (from the policy and purpose of
the statute considered as a whole, other laws).
- In the delegation of rate-fixing, the only standard
is that the rate be reasonable and just.

Doctrine of Non-Delegation of Powers Restriction on grant of judicial power

Based on the maxim potestas delegata non potest delegari
(what has been delegated cannot in turn be delegated).
Principle: A delegated power constitutes not only a right
but a duty to be performed by the delegate by the
instrumentality of his own judgment acting immediately
upon the matter and not through the intervening mind of
another. A further delegation of such power would
constitute a negation of the duty in violation of the trust
reposed in the delegate mandated to discharge it directly.
Doctrine of separation of powers also operates to restrict
the exercise of judicial functions to AA. However, it is
recognized that some judicial powers may be conferred
upon and exercised by AAs without violating the Consti,
provided that it be a restricted one, limited only to the
efficient administration of the statutes.

Permissible Delegation

1. Tariff powers to the Pres

2. Emergency powers to the Pres
3. To people at large (by way of referendum or
plebiscite)
4. To LGU
5. To admin bodies (subordinate legislation)

Delegation to AAs

What can be delegated is the discretion to determine how

the law may be enforced, not what the law shall be.

When the legislature laid down the fundamentals of a law,

it may delegate to AAs the authority to exercise such
legislative power as is necessary to carry into effect the
general legislative purpose.