About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

24 Phil. L.J. 341 (1949)
Administrative Agencies and Non-Delegation of Legislative Power

handle is hein.journals/philplj24 and id is 343 raw text is: PHILIPPINE LAW JOURNAL Vol. XXIV December, 1949 No. 6 Administrative Agencies and Non- Delegation of Legislative Power By Enrique M. Fernando * I. Need For Administrative Agencies and Non-Delegation- The increasing complexity of industrial and social problems and the growing recognition of the role of the Government in promoting social and economic rights for all call for the creation of more administrative agencies.' For Congress does not possess either the time or the tech- nical skill to enact detailed regulations for the carrying out of the poli- cies laid down. It is a difficult enough task determining its broad out- lines. To require more would 1e to demand the impossible.2 And yet under the constitutional scheme in the Philippines as well as in the United States, legislation creating such administrative agencies might be assailed on the ground that there has been an unconstitutional or improper delegation of legislative power. For the rule is well settled both under Philippine and American adjudications that the power to make laws is vested in Congress and Congress solely, and that it cannot escape its duties qnd responsibilities by delegating power to any other body or authority.' It is also equally well settled that the authority to promulgate rules and regulations, in itself analogous to the law-making function, may be delegated under certain circumstances to implement the legislation as enacted and to effectuate its policies.4 The latter may he characterized as the administrative authority to issue regulations, an authority the administrative agencies may exercise. The question then * Associate Professor, U.P. College of Law, LI.B., U.P., LI.M. (Yale) I Panqasinan Transportation v. Public Service Commission, 40 0. G. 8th Sup. 57; Laski, H., The Growth of Administrative Discretion in 4 Selected Essays on Constitutional Law 219; Landis, J., The Administrative Process, pp. 7-46. 2Cf. Pangasinan Transportation v. Public Service Commission, 40 D.G., 8th Sup. 57; Carr, C., Delegated Legislation, Jaffe, L., An Essay on Delegation of Legislative Power. 47 Col. Law, Rev. 359, at 361; Laski. H., op. cit.; Landis, J., op. cit. 3Componia v. Board, 34 Phil. 136; United States v. Ang Tang Ho, 43 Phil. I; People v. Yera, 37 0. G. 164: Field v. Clark, 143 U. S. 649: Panama Ref. Co v. Ryan, 293 U. S. 388; Schecfer Poultry Corporation v. United States, 295 U. S. 495. 4 Rubi v. Provincial Board, 39 Phil. 660; People v. Yera, 37 0. G. 164; Panama Ref. Co. v. Ryan, 293 U. S. 388; Cincinnati R. Co. v. Clinton County Com., I Ohio State 77.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most