[LEGHIS] Advent of the Welfare State

How did the Welfare State start

FDR’s New Deal after the Great Depression discredited laissez faire

What did FDR’s New Deal entail

Creation of administrative agencies manned by technocrats, geared towards providing social services and regulating the economy

What did people fear, with FDR’s new deal

Administrative aboslutism

What powers did administrative agencies have

Executive, legislative, judicial powers

• Rule-making

• Investigatoin

• Adjudication

What was the solution to the fear of administrative absolutism

Administrative due process

What did administrative due process entail

• Right to a hearing

• Right to present evidence

• Right to receive a decision based on that evidence

What happened to the concept of property, given the rise of the welfare state

It expanded

What were the tests used to determine whether or not due process was required vis-a-vis administrative agency actions

• Rights-Privilege Dichotomy

• Legitimate Claim of Entitlement

• Balancing Test

How did the Rights-Privilege Dichotomy work

Denied due process for government benefits because they were considered a privilege

How did the Legitimate Claim of Entitlement test work

requires a person to have a legitimate claim to a benefit, not just a desire

How did the balancing test work

• Individual’s interest

• Risk of error; and

• Government’s interest

Define legal-rule hierarchy

Determines which classes of rules control all or yield to others, allowing for the practical systematization of law

What are enduring fundamentals in Philippine law

• Rule of law

• Separation of powers

• Non-delegation of legislative power

• Due process

• Equal protection

What does natural rights philosophy entail

• Man as end in himself

• Social contract

• Society as a means and necessity to achieve security from harm, liberty, security of sufficient worldly goods