RULE MAKING POWERS

Nature Administrative agencies are endowed with

powers of legislative in nature or quasi legislative
(make rules and regulations))) and in practical effect,
with power to make law

Necessity POWER TO MAKE RULES AND REGULATIONS

-

Admin rules and regulations are in the nature of

new or additional legal provisions that have the
effect and force of law
Essential
legislative
functions
:
NOT
BE
DELEGATED TO ADMINISTRATIVE AGENCIES
Said that administrative agencies have no
legislative power and are precluded from
legislating in strict sense
What may be granted to an admin agency is RULE
MAKING POWER TO IMPLEMENT THE LAW IT IS
ENTRUSTED TO ENFORCE
INCLUDES POWER TO : AMEND, REVISE, ALTER, OR
REPEAL ITS RULES AND REGULATIONS

A standard provision in administrative rules that

prior issuances that are INCONSISTENT therewith
are DECLARED repeated or modified

Because of IMPRACTICABILITY of the law makers

providing general regulations for various and
varying details of management has been
recognized
Such power of subordinate legislation or
delegated
rule
making
conferred
upon
administrative agencies is PERMITTED in order to
adapt to the increasing complexity of modern life
and variety of public functions.
An administrative body may implement broad
policies laid down in a statute by FILLING IN only
the details which legislature may neither have
time nor competence to provide