Doctrine of Separation of Powers! I.
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Defnition A. Each o the 3 great great branches o government government has exclusive exclusive cognizance cognizance o and is supreme in matters alling within its own constitutionally allocated sphere . !egislature !egislature " enactment enactment o laws# Executive Executive " enorcement enorcement o laws# $udiciary " application application o laws laws %urposes A. Intended to prevent a concentration concentration o authority authority in one one person or group group o persons . $ustice !aurel& !aurel& intended to secure secure action# to to orestall orestall over'action# over'action# to prevent despotism and obtain e(ciency ). Interdepen Interdependenc dence e not independ independence ence lending o %owers A. *ome powers powers are not not confned by the )onstitution )onstitution exclusively exclusively within one one department but are in act assigned to several departments . Example& %ower %ower o Appointment Appointment which which can be exercised exercised by all over own admin personnel ). )ollabor )ollaboration ation or the the good good o the the people people D. +eneral Appropriations Appropriations !aw& !aw& %resident %resident %repares %repares the budget budget then it is is passed as a bill by the )ongress )ongress E. Amnesty& Amnesty& %resident %resident grants grants amnesty then it must must be approved approved by ma,ority ma,ority o the )ongress -. )/E!E) )/E!E) needs needs the help rom rom the execut executive ive agencies agencies during during time time o election )hec1s and alances A. Ends o the government government are better achieved achieved through through the exerc exercise ise by its agencies o only the powers assigned to them sub,ect to reversal in proper cases by those authorized by the )onstitution . Example& 0eto 0eto %ower o the %resident# %resident# )ongress )ongress can reuse reuse to give its its concurrence to a %residential Amnesty# 2he %resident may nulliy a conviction by pardoning the oender# the $udiciary can declare invalid an act done by the )ongress or the %resident 2he 4ole o the the $ud $udicia iciary ry A. *ees to it it that the constitutional constitutional distribution distribution o powers is respected . 5pholds 5pholds the the *upremacy *upremacy o o the )onstit )onstitutio ution n $ust $ustic icia iabl ble e and and %olit olitic ical al 6ues 6uesti tion ons s A. $usticiable can be sub,ect sub,ect o $udicial 4eview 4eview while %olitical %olitical 6uestions# 6uestions# technically# cannot be sub,ect to $udicial review 7except or etrayal o %ublic 2rust8 . $usticiable 6uestion 9 implies a given right legally legally demandable demandable and enorceable# an act or omission violative o such right# and a remedy granted and sanctioned by law# or said breach o right ). %olitical %olitical 6uestions 6uestions 9 discretion discretion o another department or or especially especially the people themselves : connotes a ;uestion o policy : ;uestions to be decided by the people in their sovereign capacity Appl Ap plic icat atio ion n o the the Doc Doctr trin ine e 9 stud study y the the case cases. s. %olit %olitica icall 6uesti 6uestion ons s 5nde 5nderr the the
A. $udicial %ower now includes the duty to determine whether or not there has been a grave abuse o discretion amounting to lac1 or excess o ,urisdiction on the part o any branch or instrumentality o the +overnment 9 Article 0III# *ec. =. . *upreme )ourt may review the su(ciency o the actual basis o a martial law proclamation by the president
Doctrine of Delegation of Powers I.
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Delegation o %owers +eneral 4ule& Potestas Delegata Non Delegari Potest 9 what has been delegated cannot be delegated A. %rinciple o non'delegation applies to all 3 ma,or powers o the government . Delegation has been more necessary or the legislative power ). )ongress )reating an Administrative ody to promulgate rules and regulations sub,ect to limitations is an example o delegation 7e.g. !2-48 %ermissible Delegation A. 2ari %owers 2he %resident is granted stand'by or >exible tari powers Article 0I# *ection ?@7?8 o the )onstitution Expediency to act immediately on certain matters aecting the national economy . Emergency %owers 2he congress may authorize the %resident to exercise emergency powers in times o war and other national emergency During times o war and calamity# it his highly unli1ely that the )ongress can orm a ;uorum to do its business 2he president becomes a constitutional dictator )onditions& ar or
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E. Delegation to Administrative odies %ower o subordinate legislation is assigned to administrative bodies because o the prolieration o specialized activities and their attendant peculiar problems +iven the volume and variety o interactions in todayBs society# it is doubtul i the legislature can create laws that will deal with all ade;uately -or an administrative regulation to be valid# it must be authorized by legislature 2ests o Delegation A. 2he )ompleteness 2est 2he law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing let or the delegate to do except enorce it. . 2he *u(cient *tandard 2est Delegation must be made sub,ect to a su(cient standard. *u(cient *tandard maps out the boundaries o the delegateBs authority by defning the legislative policy and indicating the circumstances under which it is to be pursued and eected %revents total transerence o legislative power rom the lawma1ing body to the delegate 2he %elaez )ase A. 2he )ompleteness and *u(cient *tandard 2ests should be applied together or concurrently . %elaez contended that *ec. C@ o the 4evised Administrative )ode empowering the %resident to create# merge# divide# abolish or otherwise alter the boundaries o municipal corporations is an invalid delegation o legislative power •
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!ocal legislatures are more 1nowledgable than the national lawma1ing body on matters o purely local concern !ocal aairs shall be managed by local authorities
