Administrative law

“ Where the Federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the Federal Government shall, insofar as the law in question contains no special provision, issue general administrative rules. The Federal Government shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide. ”

“ Every decision and measure of the administrative organs and of other state organs discharging political-executive and administrative business, as well as every decision adopted by organizations in the exercise of their public functions, shall be based on law or on other legally adopted regulations. ”

“ Jurisdiction concerning the acquisition or loss of the status of an administra¬ tive organ shall be exercised only by courts.
The organization, and incorporation of local administrative bodies into unions, their functions, powers, financial and disciplinary matters and their mutual ties and relationships with the central administration shall be regulated by law. Sources of income for these administrative bodies shall be provided proportionate to their functions. ”

“ The executive power cannot make any law, even provisionally, but only proclamations in conformity with the laws to order or call to mind the execution of them.
Section II. Of the internal administration.
1. In each department there is a superior administration, and in each district a subordinate administration.
2. The administrators do not have any representative character.
They are agents elected at stated times by the people to exercise, under the surveillance and authority of the king, the administrative functions. ”

“ The processing of administrative activity shall be the object of special law, which shall ensure the rationalization of the means to be used by the services and the participation of citizens in forming the decisions or deliberations that concern them. ARTICLE 269. (Rights and guarantees of the administrators) 1. Citizens shall have the right to be informed by the administration, whenever they request it, of the progress of cases in which they have a direct interest, as well as the right to know the final decisions made about them. ”

“ Article 63 The people's congresses or their standing committees of the provinces, autonomous regions and municipalities directly under the Central Government may, in light of the specific conditions and actual needs of their respective administrative areas, formulate local regulations, provided that such regulations do not contradict the Constitution, the laws and the administrative regulations. ”

“ Insofar as law continuing in force provides for powers to give instructions within the meaning of Article 84, paragraph 5, these powers remain in existence until otherwise provided by law.
Article 129. (1) Insofar as legal provisions which continue in force as Federal law contain an authorization to issue ordinances having the force of law or general administrative rules that are executed by the Länder as authorization passes to the agencies henceforth competent in the matter. In cases of doubt, the Federal Government will decide in agreement with the Bundesrat; the decision must be published. ”

“ When the administrative regulations governing an affair which has been formulated first by the State Council under authorization decided on by the National People's Congress or its Standing Committee, an affair on which the National People's Congress or its Standing Committee is responsible to make a law, have been tested in practice and when the conditions are ripe for making a law on the affair, the State Council shall, in a timely manner, request the National People's Congress or its Standing Committee to make the law. ”

“ When staff members of an administrative department of labor conduct supervision and inspection, they shall produce their papers, exercise their duties and powers according to law and enforce the law in a polite manner. ”

“ To formulate the administrative regulations and promulgate them for implementation; (6) To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries of Departments, Commissioner against Corruptions, Director of Audit, the leading members of the Police and the customs and excise; and to recommend to the Central People's Government the removal of the above mentioned officials ”

“ No commissions or extraordinary courts may be created under any name. The rulings and judgments as well as the orders of the courts and tribunals are executed in the name of the President of the Popular Movement of the Revolution. Article 68 The courts and tribunals shall apply the law and custom insofar as the latter is in conformity with the laws and public order. The courts and tribunals apply the acts of the administrative authorities only insofar as they are in conformity with the laws. ”

“ Administration is more than a means of regulation; administration is regulation. We have been concerned with conflict in its broadest sense; conflict with a complex and interrelated federal scheme of law, remedy, and administration. Thus, judicial concern has necessarily focused on the nature of the activities which the States have sought to regulate, rather than on the method of regulation adopted. ”

“ They are not organized under the Constitution, nor subject to its complex distribution of the powers of government, as the organic law; but are the creations, exclusively, of the legislative department, and subject to its supervision and control. Whether, or not, there are provisions in that instrument which extend to and act upon these Territorial governments, it is not now material to examine. We are speaking here of those provisions that refer particularly to the distinction between Federal and State jurisdiction. ”

“ To that end it is established practice that courts may entertain actions brought before them, but call to their aid the appropriate administrative agency on questions within its administrative competence. ”

“ It must therefore be treated, for the purposes of our jurisdiction, as an act of legislation proceeding from the lawmaking power of the state; for a municipal ordinance passed under authority delegated by the Legislature is a state law within the meaning of the Federal Constitution; and any enactment, from whatever source originating, to which a state gives the force of law, is a statute of the state within the meaning of Judicial Code, § 237, * * * which confers jurisdiction upon this court. ”

“ Article 32 Anyone who, in the course of an assembly, a procession or a demonstration, damages public or private property or causes injuries or deaths to others shall be liable for compensation according to law, apart from being punished in accordance with the relevant provisions of the Criminal Law or the Regulations on Administrative Penalties for Public Security. ”

“ Persons or corporations may establish and operate works for supplying the inhabitants with such services upon such conditions and under such regulations as the municipality may prescribe under its organic law, on condition that the municipal government shall have the right to regulate the charges thereof. ”

“ When assuming office, the head of the specialised prosecution division shall swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China, and swear to abide by the law and to observe the obligation of secrecy. ”

“ The law places under the supervision of the interior department and its subordinate officers, acting under its direction, the control of all mattes affecting the disposition of public lands of the United States, and the adjustment of private claims to them under the legislation of congress. ”

“ The law of agency is not different when applied to the acts of agents of municipal bodies, in a matter so serious and delicate as the contracting of a public debt, and when applied to the acts of agents of private individuals. ”

“ Any judicial officer who, in civil or administrative proceedings, intentionally runs counter to the facts and law and twists the law when rendering judgments or orders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. ”

“ Now, the 'jurisdiction' is not disputed, and it is necessary to an efficient exercise of this jurisdiction that the court have authority to compel the exercise of a ministerial duty by the corporation, which by law they are bound to perform, and by the performance of which alone the plaintiff's remedy can be effected. ”

“ By virtue of the nature of the business they carry on and the public's interest in it, public utilities are subject, as to their local business, to State regulation exerted either directly by legislature or by duly authorized administrative bodies. ”

“ When Congress enacts a statute that is complete in policy aspects and ready to be executed as law, Congress has recognized that enforcement is only an executive function and has yielded that duty to wholly executive agencies, even though determination of fact questions was necessary. ”

“ Clause 1 of Annex I of the Basic Law stipulates, "The Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government." Clause 2 stipulates, "The term of office of the Election Committee shall be five years." Setting up an Election Committee with a five-year term, whose statutory responsibility and task is none other than electing the Chief Executive, and one of its important aims is to facilitate the selecting of a new Chief Executive in time when that office becomes vacant during those five years. ”

“ The legislative, executive, and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.'
As this question was not briefed or argued when the case was first heard, we granted a reargument; and the cause has again been presented on this point.
The statute plainly affords a remedy which, though in certain respects judicial, is in others administrative. ”