Chapt7 DELEGATION OF POWERs

Question 0

D.o.p is premised (assumed, presumed) on the ethical principle that

Answer 0

Delegated power constitutes not only a Right but also a Duty to be Performed by the Delegate through the instrumentality of his own judgement & not through the Intervening mind of another.

Question 1

General Rule for Delegation of Powers

Answer 1

Potestas delegata non potest delegare

What has been delegated can not be delegated.

Question 2

Exeptions for Permissible Delegation: PETAL

Answer 2

1 delagation to P-eople

2 E-mergency powers of the President

3 T-ariff powers of the President

4 delegation to A-dministrative bodies (power of subordinate legislation); &

5 delegation to L-Gu’s.

Question 3

2 tests for valid delegation

Answer 3

1 COMPLETENESS test

2 SUFFICIENT STANDARD test

Question 4

1 COMPLETENESS test

Answer 4

Law must be complete in all its essential terms & conditions so that there is nothing for the delegate to do except to enforce it.

Question 5

2 SUFFICIENT STANDARD test

Answer 5

Maps out the boundaries of the delegate’s authority by defining the legislative policy & indicating the circumstances under which it is to be pursued.

Question 6

To be valid

Answer 6

Both tests must concur (agree).

-the delegation must satisfy both tests.