ADMINISTRATIVE LAW || Questions and 100% Accurate Answers.
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Course
ADMINISTRATIVE LAW
Institution
ADMINISTRATIVE LAW
ADMINISTRATIVE LAW correct answers It is that part of the law which governs the organization, functions and procedures of administrative agencies of the government to which quasi-legislative powers are delegated and quasi-judicial powers are granted, and the extent and manner to which such agencies...
ADMINISTRATIVE LAW || Questions and 100% Accurate Answers.
ADMINISTRATIVE LAW correct answers It is that part of the law which governs the organization, functions and procedures of administrative agencies of the government to which quasi-legislative powers are delegated and quasi-judicial powers are granted, and the extent and manner to which such agencies are subject to control the courts.
SCOPE OF ADMINISTRATIVE LAW correct answers 1.) The law which fixes the administrative organization and structure of the government;
2.) The law, the execution and enforcement of which is entrusted to administrative authorities;
3.) The law which governs public officers, their competencies, rights, duties, liabilities, elections,
etc.;
4.) The law which creates administrative agencies, defines their powers and functions, prescribes
their procedures including the adjudication and settlement of contested matters involving private interests;
5.) The law which provides remedies administrative or judicial, to those aggrieved by administrative acts or decisions;
6.) The law which governs judicial review of or relief against administrative acts or decisions;
7.) The rules, regulations, orders and decisions made by administrative authorities dealing with the interpretation and enforcement of the laws entrusted to their administration; and,
8.) The body of judicial decisions and doctrines dealing with any of the above.
SOURCES OF ADMINISTRATIVE LAW correct answers 1.) Constitution
2.) Statutes
3.) Judicial decisions
4.) Rules, regulations, orders, proclamations
PRICIPAL SUBDIVISIONS of ADMINISTRATIVE LAW correct answers 1.) LAW OF INTERNAL ADMINISTRATION
2.) LAW OF EXTERNAL ADMINISTRATION
LAW OF INTERNAL ADMINISTRATION correct answers - legal relation between government and its administrative officers;
- legal relation that one administrative officer/organ bears to another;
- It considers the legal aspects of public administration in its institutional side.
LAW OF EXTERNAL ADMINISTRATION correct answers - legal relation between Administrative authorities and private interests.
CLASSIFICATIONS OF DIFFERENT ADMINISTRATIVE LAWS correct answers 1.) As to source:
a. Law that controls administrative authorities.
b. Law made by administrative authorities.
2.) As to purpose: a. Adjective or procedural administrative law
b. Substantive administrative law
3.) As to applicability:
a. General administrative law
b. Special or particular administrative law
Quasi- legislative power correct answers The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of the law and implement legislative policy. It possessed the same legal force and perhaps with even more efficiency than the statutes they are supposed to implement.
This is also known as the POWER OF SUBORDINATE LEGISLATION.
Also, defined as the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found.
Administrative Rule correct answers Agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in or practice requirements of an agency, including its regulations.
Rule Making correct answers An agency process for the formulation, amendments, or repeal of a
rule.
DETERMINATIVE POWERS correct answers Enabling Powers
Directing Powers
ENABLING POWERS correct answers Those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval.
Ex: issuance of licenses
DIRECTING POWERS correct answers Order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes.
DISCRETIONARY correct answers The exercise of administrative power is discretionary, especially as they involve the interpretation or construction and enforcement of the law and the appreciation of factual questions that may be submitted to it for resolution.
MINISTERIAL correct answers The administrative officer performs a mechanical act that requires no judgment or discretion for its exercise.
DOCTRINE OF SEPARATION OF POWERS correct answers Governmental powers are divided among the three branches of government and broadly operates to confide legislative powers to the legislative, executive powers to the executive departments, and judicial powers to the judiciary, - precluding one branch of the government from exercising or invading the power of another.
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