“Administrative Law, A By-product of History and Experience”

Jessie Ladeth B. Contento

Juris Doctor II
University of Cebu - School of Law

The evolution of governments and societies as a whole led to the expansion and

amelioration of Administrative Law. Nevertheless, the development of the state’s regulatory

forces is influential in the development of Administrative Law.

In the nineteenth century, there is an influential presence of the capital precept of laissez-

faire which supports less government control or intervention in the affairs of individuals especially

in the economic aspect to achieve optimal efficiency of market economies. This resulted to a

wide gap between the working class and the elite class. With less regulation or even no

intervention from the government in the market economies, the elites are getting richer while the

struggling working class are exploited and became poorer. Power, the ability to influence the

conduct of individuals and the state, was deeply concentrated in the hands of the elites. The

state during this time is non-responsive to the clamor of the working class and primarily acts as a

police state which helped in the maintenance of law and order, protecting the nation from

external aggression, dispensing justice to its citizens and collecting taxes for financing such

activities. The role of the government was limited only to protecting the mass on matters other

than social and economic affairs under the political philosophy that market conditions are outside

the business of governments, making way to the laissez-faire setup or the free enterprise market.

The evils of this system is realized in the twentieth century. As such, several socialist

movements, pushing for workers’ rights and a more responsive government that will prioritize the

welfare of the people, flourished. Then, the social welfare state is established. The birth of the

‘welfare state’ granted government with wider powers, taking active roles not just in political

activities, but also in economic and social development under the political philosophy that the

interest of the public, in general, is a concern of a responsible government.

The differences of a police state and a welfare state are as follows:

As to the role of government: In a police state, the role of the government is to maintain

law and order, protect the nation from external aggression, dispensing justice to its citizens and

collecting taxes for financing such activities while the role of the government in a welfare state
focuses on carrying out activities that will ensure the protection, promotion and advancement of

the general being of the society.

As to their underlying philosophy: A police state is largely governed by a laissez-faire

setup. This means minimum government control, free enterprise, law and order not counted as

subjects of state, and that power is concentrated in the hands of individuals, and not by the state.

On the other hand, a welfare state operates based on collectivism between states and

individuals, coordinating in proper synchronization. Welfare state conceives that promoting and

protecting public interest is a primary governmental function.

As to individual liberty and freedom: In a police state, individuals have greater level of

liberty and freedom since law and order are not considered as subjects of the state or of the

government. The individuals have the greater liberty to dispose its power at their will without

control by the government. This has led to abuses, and greater disparity between the rich and the

poor since only those have bigger capital and power take monopoly over economic and social

affairs. On the other hand, in a welfare state, liberty and freedom of individuals are controlled

under the belief that control is necessary to prevent abuses against minority and the poor and to

protect the greater interest of the public in general. As a result, proper government intervention is

expected.

As to the extent of power of the government (extent of governmental interference):

Governmental interference in a police state takes a traditional role and thus limited only in

protecting the people and does not include social and economic interrelations protection.

Nonetheless, the government in a welfare state takes an active role in all phases of human

endeavors including social and economic management and encourages meaningful participation

of the public in government administration.

Administrative Law is a byproduct of history and experiences of societies and its

governments not just in political and administrative aspects but also in economic and social

aspects. It is the result of the call to action by oppressed working class to their governments for a

more responsive governance.