Validity Of Administrative Orders

Summary

The Doctrine of Primary Jurisdiction allows courts to defer cases to administrative agencies for specialized expertise. The Doctrine of Exhaustion of Administrative Remedies requires parties to seek relief from administrative agencies before approaching courts. Exceptions include purely legal questions, inadequate remedies, unreasonable delays, or agency bias. Adjudicatory powers include quasi-judicial, judicial review, and enforcement powers. Quasi-legislative powers involve rule-making, while quasi-judicial powers involve dispute adjudication. Limitations on quasi-legislative power include constitutional, statutory, reasonableness, due process, and publication requirements. The Doctrine of Subordinate Legislation allows legislative delegation to agencies. Valid delegation requires completeness and sufficient standards. Administrative interpretations can guide courts, which may defer to agency expertise. Res judicata exceptions include different causes, changed circumstances, non-final judgments, and different parties. Fact-finding, investigatory, and licensing powers are key administrative functions.

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Give the classifications of Adjudicatory Powers
Adjudicatory powers can be classified into the following categories:
- Quasi-Judicial Powers: These are powers exercised by administrative agencies to adjudicate disputes, enforce regulations, and issue orders.
- Judicial Review Powers: The power of courts to review the decisions or actions of administrative agencies.
- Enforcement Powers: The authority to enforce compliance with laws and regulations.
Is there a specific aspect of adjudicatory powers you need more information on?
*. Quasi-legislative vs. Quasi-judicial power
Quasi-legislative and quasi-judicial powers are distinct functions of administrative agencies.
- Quasi-legislative Power: This involves the creation of rules and regulations. It is essentially the agency's ability to make laws within its jurisdiction.
- Quasi-judicial Power: This involves the adjudication of disputes, interpretation, and application of laws, similar to court functions.
Do you need more details on the specific powers or examples of these functions in practice?
Give the Limitations to the exercise of quasi- legislative power
The limitations to the exercise of quasi-legislative power include:
- Constitutional Limits: Must not violate constitutional rights.
- Statutory Limits: Must adhere to enabling statutes.
- Reasonableness: Rules should be reasonable and not arbitrary.
- Due Process: Must follow due process in rule-making.
- Publication and Notice: Rules must be published and proper notice given to those affected.
Is there a specific issue you are concerned about with the quasi-legislative powers?
Explain the Doctrine of Subordinate Legislation
The Doctrine of Subordinate Legislation refers to the process where legislative powers are delegated by the legislature to administrative or executive agencies. This allows these agencies to create detailed rules and regulations within the framework of the enabling statute.
Key points about this doctrine:
- Delegation of Power: Authority is given to administrative bodies to create specific regulations.
- Control and Oversight: The legislature retains the power to supervise and potentially override these regulations.
- Necessity: Helps manage the complex details that the legislature may not have the capacity to handle.
Do you have any specific concerns regarding the application of this doctrine in your case?
What are the requisites for a valid delegation of quasi-legislative or rule-making power
For a valid delegation of quasi-legislative or rule-making power, the following requisites must be met:
- Completeness: The law delegating the power must be complete in itself.
- Sufficient Standard: The law must provide adequate guidelines or standards to guide the administrative agency.
Do you need more insight into how these requisites apply to your specific situation?
What is the Effect of Administrative Interpretations to Courts?
Administrative interpretations can have significant effects on courts, particularly in the following ways:
- Deference: Courts often defer to the expertise of administrative agencies on technical matters within their jurisdiction.
- Guidance: Administrative interpretations can provide valuable guidance in understanding and applying laws.
- Binding Nature: In some cases, courts may treat administrative interpretations as binding unless they are clearly erroneous or inconsistent with the statute.
Do you have a specific situation where you want to know how an administrative interpretation might impact a court's decision?
Discuss the Non-applicability of the doctrine of res judicata
The doctrine of res judicata prevents the same issue from being litigated more than once. However, there are exceptions where the doctrine does not apply:
- In cases involving different causes of action.
- When there has been a significant change in circumstances.
- If the previous judgment was not final and binding.
- When the parties involved are not the same.
Do you have a specific case or scenario where you're concerned about the applicability of res judicata?
Exceptions to the Non-Applicability of Res Judicata in Administrative Proceedings
The exceptions to the non-applicability of res judicata in administrative proceedings include:
- When the administrative decision is not final.
- When there is a lack of jurisdiction.
- When the parties or issues are not the same.
- When there is a significant change in facts or law.
Do you need more details on any of these exceptions?
Discuss the following powers: a. Fact-finding power b. Investigatory power c. Licensing power
Here’s a brief overview of each power:
- Fact-finding power: The ability of administrative agencies to gather and analyze facts to make informed decisions or recommendations.
- Investigatory power: The authority to conduct investigations to ensure compliance with laws and regulations, including the power to subpoena documents or witnesses.
- Licensing power: The power to issue, renew, suspend, or revoke licenses to individuals or entities as required by law.
Is there a specific situation or concern you have regarding these powers?