Characterization and Classification of Administrative Powers

Administrative power is the power to administer or enforce a law.  Administrative powers can be executive, legislative, or judicial in nature.  Administrative power intends to carry the laws into effect, practical application of laws and execution of the principles prescribed by the lawmaker.

In Robertson v. Schein, 305 Ky. 528 (Ky. 1947), it was observed that the authority to make rules and regulations to carry out a policy declared by the lawmaker is administrative and not legislative. Therefore, the power of an administrative agency to make rules to carry out a policy is administrative in nature[i].  The issue of an administrative body’s authority presents a question of law and not a question of fact.

[i] Secretary of Agriculture v. Central Roig Refining Co., 338 U.S. 604 (U.S. 1950)


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