Administrative Acts & Regulations: Core Legal Concepts

Understanding Regulations

A regulation is an ordered set of rules or precepts concerning a particular matter. It is characterized by its non-exhaustive compliance, meaning it provides a framework rather than an exhaustive list of actions.

Regulation as an Administrative Act

In legal literature, there is discussion on whether a regulation is an administrative act in the strict sense. Some argue it denotes statutory authority to exercise a legislative power, rather than a purely administrative activity, and can even be considered an act of government. However, the formalities and procedures for promulgating a regulation are often the same as those required for issuing a decision or decree with special effects. Under Chilean law, regulations are clearly considered administrative acts, and administrative procedures are applicable to them.

Solemnity of Administrative Acts

For an administrative act to be considered solemn, it must be manifested in the manner prescribed by law. This condition implies an obligation for the act to be processed and expressed according to legal requirements. The procedure refers to the steps that must be followed to issue the act, while the instrument must comply with the specific requirements established by law.

Key Attributes of Administrative Acts

The attributes of an administrative act are its inherent qualities. These typically include:

• Presumption of Legality
• Enforceability
• Imperativeness
• Retroactivity
• Preservation
• Authenticity

Presumption of Legality Explained

The presumption of legality means that an administrative act is considered valid until it is formally declared invalid through administrative or judicial proceedings. This presumption exists without prejudice to the act's validity being subject to discussion or challenge.

Enforceability of Administrative Acts

One key attribute of decisions issued by public bodies is their enforceability or executory force. This means they can be exercised or implemented immediately upon issuance.

Understanding Imperativeness

The imperativeness of an administrative act signifies that the rule of law is binding, meaning it contains the inherent necessity to be fulfilled. Enforceability, which is related to imperativeness, can be direct or indirect:

• Direct Enforceability (Imperium): Occurs when the authority has the power to directly compel compliance, often by requiring police or other public forces to ensure adherence. This is sometimes referred to as imperium.
• Indirect Enforceability: Occurs when compelling a reluctant or defaulting party requires an appeal to another authority that has been granted the use of public force.