Avila, Francine Ivy G.

BPA 2-1
Philippine Administrative Thought and Institutions

Nondelegation
According to the nondelegation theory, legislative bodies are not permitted to assign
their legislative authority to executive departments, private companies, or other
business entities. In other words, legislators are not allowed to transfer the power to
make laws. Every written constitution that mandates a rigorous structural separation of
powers does so, either explicitly or implicitly. It is typically used in situations where one
of the three parts of government has improperly delegated authority to another branch,
the administrative state, or a private organization. Although it is typically legal for
executive authorities to assign authority to employees of the executive branch, there are
instances where this is not done properly.
Example: Cincinnati, Wilmington & Zanesville R.R. Co. v. Comm’rs of Clinton County, 1
Ohio St. 77, Ohio Supreme Court, 1852, The court held that a bond law requiring voter
approval before going into effect was not a violation of the nondelegation doctrine. The
court ruled that the law conferred discretion on the voters as to whether or not to
execute the law.
Judicial Deference
A court must use judicial deference if it wants to follow the ruling of another trusted
party, such as the executive branch when it comes to matters of national security. It is
most frequently found in nations without a strong constitution, like the United Kingdom,
because the main goal of such documents is to restrict the power of the government. A
judicial principle is judicial deference. Deference occurs in administrative law when a
federal court accepts an agency's interpretation of a statute that the agency was
mandated by Congress to enforce or a regulation that the agency issued.
Example: Donaldson v. Harvey, 3H. & McH. 12, Maryland General Court of Appeals,
1790, Held that the same rules that apply when expounding statutes will apply when
expounding the U.S. Constitution.
Executive Control of agencies
One of the five pillars important to comprehending the main points of contention on the
nature and extent of the administrative state is the executive control over agencies. The
primary means through which the executive exercises its control over the three
branches of government is through the appointment and dismissal of personnel.
Example: Crenshaw v. United States, 134 U.S. 99, U.S. Supreme Court, 1890, Held that
Congress had the power to alter the terms of incumbent officers, including those
appointed with removal protections.

Procedural rights
The discussion of individual due process, standing before administrative agency
decisions, and enforcement actions is included in the category of procedural rights.
Access by citizens to agency rulemaking and decision-making procedures is another
example of procedural rights. Refers to the safeguards for citizens against arbitrary
administrative measures that could rob them of their life, liberty, or property in the
context of the administrative state.
Example: Western Chem. Co. v. United States, 271 U.S. 268, 1926, U.S. Supreme
Court, Court upheld an administrative order following proceedings where there was
evidence admitted that would be inadmissible in a court.

Agency Dynamics
The organization and operation of administrative agencies are referred to as agency
dynamics. Although most agencies are based within the executive branch, others were
created as separate federal agency or are located inside the legislative or judicial
branches. These structural differences have an effect on agency management and
cross-branch interactions. Understanding the operational details of agency tasks, such
as rulemaking and adjudication processes, is another component of this pillar.
Example: Crowell v. Benson, U.S. Supreme Court, 1932, In a ruling that helped define
the relationship between agencies and federal courts prior to the Administrative
Procedure Act, the court upheld the constitutionality of agency adjudication but required
courts to review factual questions related to agency jurisdiction or constitutional
restrictions de novo.
Source:
https://ballotpedia.org/Nondelegation_doctrine
https://ballotpedia.org/List_of_court_cases_relevant_to_the_nondelegation_doctrine
https://ballotpedia.org/
List_of_court_cases_relevant_to_judicial_deference_to_administrative_agencies
https://ballotpedia.org/
List_of_court_cases_relevant_to_executive_appointment_and_removal_power
https://ballotpedia.org/List_of_court_cases_relevant_to_procedural_rights
https://ballotpedia.org/List_of_court_cases_relevant_to_agency_dynamics
https://ballotpedia.org/Administrative_state