Laws creating or controlling administrative agencies

In administrative law, a distinction must be made between a law that controls administrative authorities and that made by administrative authorities. However, before further discussion, a preliminary statement is needed on what laws are.

A law is a rule of conduct. Period. However, in the strict sense, laws are statutes created by Congress through the passage of a bill later signed by the President (as a rule). In the general sense of the word "law," the Constitution is a law and the same is true for court decisions and administrative regulations.

The Constitution gives Congress the power to write laws. These laws have to be implemented by the Executive Branch (the President) which issues or causes the issuance of administrative regulations implementing the law. Such regulation is "law" in the broad sense. Later, when conflicts arise from the interpretation or application of the law, the court shall render judgment which is, again, a law in the broad sense because it binds either the parties only (in personam) or the whole world (in rem).

Laws that control/govern administrative agencies are the Constitution, statutes, judicial decisions, executive orders of the President, and administrative orders of administrative superiors giving directions to administrative subordinates. For example, a municipal-level administrative office has to follow directives from the regional office.

On the other hand, administrative law made by administrative authorities includes both general regulations and particular determinations. The first refers to the subordinate legislative power of administrative agencies while the second, quasi-judicial power.

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