Practice question
An agency publishes a rule that directly contradicts the enabling statute. It argues publication alone cures the contradiction. Which is best?
- Publication does not cure lack of substantive legal authority
- Publication amends every statute
- Every published rule prevails over Congress
- The agency may repeal the Constitution by publication
- Only the number of copies matters
Legal references
- Republic v. Pilipinas Shell Petroleum Corporation, G.R. No. 173918, April 8, 2008, main opinion: https://lawphil.net/judjuris/juri2008/apr2008/gr_173918_2008.html
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