CONSTI Delegation of Powers Flashcards
Non-delegation of powers
Corollary (a result that is the natural consequence of something else.) to the doctrine of separation of powers is the principle of non-delegation of powers. Potestas delegata non delegari potest - What has been delegated cannot be delegated
Reason for non-delegation
- It is based upon the ethical principle that such delegated power constitutes not only a right but a duty to performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.
- A negation of this duty in violation of the trust reposed (lodge) in the delegate mandated to discharge it directly.
Legislative power, however, such instances, have become more and more frequent, if not necessary. This has led to the observation that the delegation of legislative power has become the rule and its non-delegation the exception. Why?
- The reason is the increasing complexity of the task of government and the growing inability of the legislative to cope directly with the many problems demanding its attention.
- To many of the problems attendant upon present-day undertakings, the legislative may not have the competence, let alone the interest and the time, to provide the required direct and efficacious, not to say specific, solutions.
Ex. LTFRB - To promulgate the needed rules and regulations, subject only to certain statutory limitations or broad policies pre-determined by the legislature itself.
Permissible Delegation (Legislative Powers)
- Delegation of tarriff powers to the President - Within the framework of the national development program of the government. For the reason of necessity. To act immediately on certain matters afftecting the economy lest (for fear that) delay result in hardship to the people.
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Delegation of emergency powers to the President - Limited period and subject to such restrictions. To carry out a declared national policy. Such problems , needless to say, must be solved within the shortest possible time to prevent them aggravating the difficulties of the nation.
President Constitutional Dictator ( as an agent of the legislative rather than a replacement of the legislature) - Delegation to the people at large - referendum vs Plebiscite
- Delegation to local governments - ( grant of authority) Based on the recognition that the local legislatures are more knowledgeable than the national lawmaking body on matters of purely local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon.
Local affairs shall be managed by local authorities, and general affairs by central authority
Ex. Power of eminent domain under the general welfare clause, the Police power have expressly delegated by the legislature to the lawmaking bodies. The power of taxation is, however, derived by them directly from the constitution subject **only to limitations that may be imposed by the Congress. **
- Delegation to administrative bodies.- With the proliferation of specialized activities and their attendant peculiar problems ( with the growing complexity of modern life) Discretion in administratice and executive officials not only in the execution of laws , but also in the promulgation of certain rules and regulations calculated to promote public interest.
With this power, Adminitrative bodies may implement the broad policies laid down in a statute by filling in the details which the Congress may not have the opportunity or competence to provide. Like supplementary regulations such as the implementing rules issued by Department of Labor. These regulations have the force and effect of law.
The conditions for the vesture of emergency powers in the President are the Following:
- There must be war
- limited period only
- subject to such restrictions as the congress may prescribe
- The emergency powers must be exercised to carry out a national policy declared by the Congress
There cannot be any delegation of emergency powers in the absence of an emergency. Self-liquidating, meaning unless sooner withdrawn, in the sense that they will automatically cease upon the end of the emergency that justified their delegation.
Referendum vs. Plebisicite
A referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose while a plebiscite is the electoral process by which an initiative on the constitution is approved or rejected by the people
(Delegation of Powers) For an administrative regulation to be valid, Its promulgation must be?
Authorized by the legislature, it must be within the scope of the authority given by the legislature, it must be promulgated in accordance with the prescribed procedure, and it must be reasonable/.
Tests of Delegation
The Supreme Court has declared that all that is required for the valid exercise of this power of subordinate legislation is that the regulation be germane to the objects and purposes of the law and that regulation be not in contradiction to, , but in conformity with, the standards prescribed by the law. These requirements are donominated as the completeness test and the sufficient standard test
Completeness Test (Delegation of Powers)
Ideally, the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except enforce. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate.
If there are gaps in the law that will prevent its enforement unless they are first filled, the delegate will then have been given the opportunity to step into the shoes of the legislature and to exercise a discretion essentially legislative in order to repair the omissions. This is invalid delegation
The Sufficient Standard Test
A delegation of legislative power should likewise be made subject to a sufficient standard. A sufficient standard is intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected.
The purpose of the sufficient standard is?
to prevent a total transference of legislative power from the lawmaking body to the delegate, who is not allowed to step into the shoes of the legislature and exercise a power essentially legislative.
