Delegation of Powers

What is Delegation of Powers?
Delegation of powers is the act whereby a political authority invested with certain powers turns over the exercise of those powers, in full or in part, to another authority. Accordingly, the powers of the delegate are precisely those that belonged to the delegant, and the actions performed in virtue of the delegation have the same juridical nature as if they had been performed by the delegant himself. Delegation should not, therefore, be regarded as permission or authorization; rather, it is a transfer of power. Doctrine of Non-delegation of legislative powers: The rule is delegata potestas non potest delagari delegated cannot be delegated. !asis of the principle" Delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another Applicability" All three major powers of the government but #$%#&'A(() important to the (#*'$(AT'+# power because of the many instances when its delegation is permitted and because" Why do we delegate powers? what has been
problems are to be solved in the shortest possible time to prevent them from aggravating the difficulties of the nation. The conditions for the vestures of emergency powers in the %resident"
o o o o
there must be war or national emergency the delegation must be for a limited time only the delegation must be subject to such restrictions as prescribed by &ongress emergency powers must be exercised to carry out a national policy declared by the &ongress There can be no delegation of emergency powers in the absence of national emergency. #mergency powers are self1li-uidating in the sense that it will automatically cease upon the end of an emergency that justified their delegation. Tariff Powers
.eason" 2ecessity and not expediency to act immediately on certain matters affecting the national economy; legislative process is much too cumbersome for the speedy solution to economic problems especially those relating to foreign trade Delegation to the People The people have expressly reserved to themselves a power of decision, the function of legislation cannot be exercised by them, even to the extent of accepting or rejecting a law which has been framed for their consideration. The people have surrendered that power when they adopted the &onstitution. The government maybe democratic but it is a representative democracy, and in passing general laws, the people act only to their representative in the legislature. Referendum vs Plebiscite referendum the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by
'ncreasing complexity of the tas, of the government and the growing inability of the legislature to cope directly with the many problems demanding its attention.
*rowth of society has ramified its activities and created peculiar and sophisticated problems legislature cannot excepted to reasonably comprehend
$pecialization
so that &ongress may be relieved from
problems that are to be solved by more capable entities to tac,le on more serious difficulties of the country re-uiring more direct and immediate attention *eneral .ule" (egislative power cannot be delegated #xceptions"
popular initiative plebiscite device to obtain a direct popular vote on matter of a political importance, but chiefly in order to create some more or less permanent political condition 333 A referendum differs from a plebiscite in a sense that the -uestions submitted are intended to wor, more permanent changes in a political structure. e.g. proposal to amend a &onsitution Delegation to ocal !overnments This is based on the recognition that local legislatures are more ,nowledgeable than national lawma,ing body on matters of purely
o o o o o
Delegation of tariff power to the %resident Delegation of emergency powers to the %resident Delegation to (*/0s Delagation to people at large Delegation to administrative bodies Declaration of war/emergency powers Why are emergency powers delegated to the president? 'n times of war and national emergency, delegation of emergency powers is vested by the &ongress upon the %resident because such
local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon. Tests of Delegation /nder completeness test, all laws must be complete in all its terms and provisions4conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. The legislature does not abdicate its function when they describe what job must be done, who to do it, and what is the scope of authority. Examples of invalid delegation:
6The %resident shall have control of all the executive departments, bureaus or offices, exercise general supervision over all local governments as may be provided by law, and ta,e care that the laws be faithfully executed.7 The power of control under this provision implies the right of the %resident to interfere in the exercise of such discretion as may be vested by law in the officers of the executive departments, bureaus, or offices of the national government, as well as to act in lieu of such officers. This power is denied by the &onstitution to the #xecutive, insofar as local governments are concerned. $uch control does not include the authority to either abolish an executive department or bureau, or to create a new one. $ection <B of the .evised Administrative &ode does not merely fail to comply with the constitutional mandate above -uoted, it also gives the %resident more power than what was vested in him by the &onstitution. The #xecutive =rders in -uestion are hereby declared null and void ab initio and the respondent permanently restrained from passing in audit any expenditure of public funds in implementation of said #xecutive =rders or any disbursement by the municipalities referred to
o o
The authority to &.#AT# municipal corporations is essentially legislative in nature. 5here the statute leaves to the sole discretion of the *overnor1*eneral to say what was and what was not 6any cause7 for enforcing it, the same is an invalid delegation of power. The s"fficient standard test maps out the boundaries of the delegates0 authorities by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected; it is indicated to prevent total transference of power from the lawma,ing body or legislature to the delegate. The Pelae# $ase 8A&T$" 8rom $eptember 9, :;<9 to =ctober >;, :;<9 the %resident of the %hilippines issued municipalities executive to orders to create $ection <; of thirty1three .evised pursuant the
Administrative &ode. %ublic funds thereby stood to be disbursed in the implementation of said executive orders. $uing as a private citizen and taxpayer, +ice %resident #mmanuel %elaez filed a petition for prohibition with preliminary injunction against the Auditor *eneral. 't see,s to restrain from the respondent or any person acting in his behalf, from passing in audit any expenditure of public funds in implementation of the executive orders aforementioned. '$$/#" 5hether the executive orders are null and void, upon the ground that the %resident does not have the authority to create municipalities as this power has been vested in the legislative department. ./('2*" $ection :?@:A of Article +'' of the fundamental law ordains"

Delegation of Powers

Uploaded by

Copyright:

Available Formats

Delegation of Powers

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Delegation of Powers

Uploaded by

Copyright:

Available Formats

What is Delegation of Powers?

so that &ongress may be relieved from

You might also like