SCOPE OF ADMINISTRATIVE LAW:

Administrative law determines the organization, powers and duties of administrative authorities. The
emphasis of Administrative Law is on procedures for formal adjudication based on the principles of
natural justice and for rule-making.

The concept of Administrative Law is founded on the following principles:

a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the situation.

Though administrative law is as old as administration itself since they cannot exist separately,in India the
early signs/existence of administrative law could be found in the treatises written during the reign of the
Mauryas,Guptas,Mughals as well as East India Company(modern administrative law).

It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on
impartiality,unjustness and the prescribed laws and legal methods instead of arbitrariness and abuse of
official power on the part of govt. while serving the people and deciding cases brought before its
Tribunals,etc. Natural justice is basically applied in cases where there are no laws prescribed,here the
individual has to be given an opportunity to be heard and the judgement is to be taken into consideration
the particular facts and cases of the case and the judgement should be free from bias). It is to prevent
violation of peoples rights by officials in power.

Administrative law specifies the rights and liabilities of private individuals in their dealings with public
officials and also specifies the procedures by which those rights and liabilities can be enforced by those
private individuals. It provides accountability and responsibility in the administrative functioning. Also
there are specified laws and rules and regulations that guide and direct the internal administration
relations like hierarchy,division of labour,etc.

Sources of Administrative Law

Administrative law is derived from four sources or is of four (4) kinds:

1. Constitution or statutory enactments

e.g. Social Security Act which established the Social Security Commission.

2. Decisions of courts interpreting the charters of administrative bodies

3. Rules and regulations issued by the administrative bodies

e.g. Omnibus Rules Implementing the Labor Code.

4. Determinations and orders of the administrative bodies in the settlement of controversies

Reorganization defined

Reorganization is the process of restructuring the bureaucracys organizational and functional

set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it
more responsive to the needs of its public clientele as authorized by law. It is also a means
used by the legislature to reorganize or abolish offices which it may do so by law directly or
indirectly by authorizing an executive department or agency to reorganize the office.

One of the civil service reform strategies that has been adopted and applied by the Philippine
government is reorganization. The assumption is that government or the bureaucracy has
become very inefficient and ineffective because of its size. Others would contend that it has
become bloated with so many personnel who cost much and did little.

This has led to the effort of reducing the size of the bureaucracy by abolishing structures or
units that are seen to be non-functional in terms of the vision and mission of the organization;
by merging offices or units to avoid duplication of functions and thus reduce cost; or by creating
units or offices that would cater particularly to specific concerns and needs of the clients.

Restructuring the bureaucracy could also involve decentralizing certain functions to the regional
or field level to increase responsibility, accountability and responsiveness to the local clients or
community.

In view of the reorganization efforts, public agencies necessarily would have to reduce the
number of staff especially those who occupy positions that are declared to be redundant or non-
functional in line with the redefined vision and mission of the organization. This emphasizes the
need for a forecast of strategic objectives that would prescribe targets for the numbers and
kinds of personnel required to perform the new and old functions of the agency. Unfortunately,
experience would show that not many public agencies have made use of the strategic exercise.

The reorganization efforts could also result in the transfer or redeployment of personnel that
could lead to the lowering of morale and motivation levels of the employees. Moreover, without
proper preparation of the personnel to assume new positions or jobs in terms of acquisition of
the necessary skills and knowledge, they could possibly end up as square pegs in a round
hole. This could give rise to discontent and dissatisfaction, which oftentimes could result in
non-performance or poor performance of functions and responsibilities among the staff.

Restructuring could be seen as a costly exercise because the government should be ready with
the provision of safety nets to the employees who would be displaced by the reorganization.
These safety nets necessarily entail costs. For instance, the government could offer attractive
early retirement schemes; financial incentives to leave the public sector jobs; or it could offer
reemployment to the public sector in case there is a need for their services after the
restructuring process.

Reorganization as an improvement strategy strongly conveys the fact that the employees or the
human resources of the public agency take center stage in the civil service reforms. The
introduction of this reform strategy has various implications for HRD that have to be addressed
to be successful in the efforts toward improving quality and productivity in the public service.