FINALS DUGS ADMIN REVIEWER.pdf - CHAPTER I INTRODUCTION b...

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MICHELLE DUGUIL 1 CHAPTER I INTRODUCTION CONCEPT OF ADMINISTRATIVE LAW a. Belongs to the field of PUBLIC LAW; involves Constitutional law, Criminal law, and International law. b. WIDEST SENSE : t h e entire system of laws under which the machinery of the state works and by which the state performs all government acts The term would embrace all the laws that regulate or control the admin organization and operations of the government including legislative and judicial bodies ELEMENTS: LAWS, STATE, ACTS c. BROAD DEFINITION: Law which provides the structure of government and prescribes its processes and procedures. The law control the admin operations of the government or “the law of government admin” ELEMENTS: LAWS, STATE (govt), ACT (provides, operates, controls, prescribes) d. GOODNOW: That part of public law which fixes the organization and determines the competence of the administrative Authorities and indicates to the individuals remedies for the violation of his rights. ELEMENTS: LAWS, STATE (Admin authorities), ACTS (determines, fixes), REMEDIES e. POUND’S: Branch of modern law under which the executive department acting in quasi-legislative or quasi-judicial capacity 1 interferes with the conduct of the individual for promoting the well- being of the community; as under the law governing public corporations, business affected with public interest, professions, trade, callings, rates and prices, laws for the protection of public health and safety, and the promotion of the public convenience and advantage That system of legal principles to settle the conflicting claims of executive and admin authority on one hand and of individuals or private rights on the other It is the law concerning the powers and procedures of admin agencies including specially the law governing judicial review of action ELEMENTS: LAW, STATE, ACTS, FUSION OF POWER, GENERAL WELFARE SCOPE OF ADMINISTRATIVE LAW (POA-CR-J 2 I) It is: a. The law which fixes the administrative organization and 1 Exception to principle of separation of powers – administrative delegation = 1 of the 5 instances of delegation of powers structure of the government. b. The law, the execution or enforcement of which is entrusted to administrative authorities (all those public officers and organs of the government charged with amplification, application, and execution of the law) . c. The law which governs public officers d. The law which creates administrative agencies, defines their powers and functions, prescribes their procedures e. The law which provides the remedies to those aggrieved by administrative actions or decisions f. The law which governs judicial review or relief against administrative actions g. The rules, regulations, orders and decisions made by administrative authorities.

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