Administrative vs. Legal Acts: Key Differences Explained
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Administrative vs. Legal Acts: Key Differences
Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.
Elements of an Administrative Act
- Unilateral expression of will
- Issued by an administrative body
- Enacted in the exercise of its administrative function
- Intended to produce legal effects
What Makes an Act Solemn?
For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.
Principles Governing the Issuance of an Administrative Act
- Attribution rules and competition
- Procedure
- Reasons
- Purpose (Fin)
- Interdiction of arbitrariness
- Respect for the essential rights emanating from human nature
- General principles of law
Presumed Intention Explained
Presumed intention arises when the alleged silence or inaction of the public over a period of time leads the law to provide a certain sequence for resolving a particular application. It is the failure to issue an act, because the law gives it legal effect.
Defining Administrative Acts
Broad Definition: An administrative act is a declaration of will by an administrative entity intended to produce legal effects.
Narrow Definition: Administrative actions are formal decisions issued by administrative organs of government containing declarations of intent, made in the exercise of public authority.
Why is a Decision of an Authority Considered an Act?
Because they are formal decisions issued by the authority, which contain declarations of intention and are made in the exercise of power.
Why is a Particular Act Considered Administrative?
Because administrative acts are those of the administrative function, which aims at developing the common good.
What is a Legal Act?
A legal act is the manifestation of will intended to create, modify, or extinguish obligations.
Legal Acts vs. Administrative Acts: A Comparison
The legal act is the manifestation of will intended to create, modify, or extinguish obligations, similar to an administrative act, which also produces legal effects. However, the key difference is that an administrative act is always legal, but a legal act is not always an administrative act.