Delegation of Powers Flashcards
Delegation of Powers rule?
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.
Permissible delegation?
“The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government’.
Emergency Powers to the President?
In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof’.
Delegation to the People?
In 1987 Consti, these are specific provisions where the people have reserved to themselves the function of legislation.
Referendum?
the power of the electorate to approve or reject legislation through an election called for the purpose
Two classes of Referendum: referendum on statutes: refers to?
which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress
Two classes of Referendum: referendum on local law: refers to?
which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies
Plebiscite?
the electoral process by which an initiative on the Constitution is approved or rejected by the people
Delegation to local government units?
the grant of the authority to prescribe local
Delegation to Administrative Bodies?
“The power of subordinate legislation.”
Tests for valid delegation?
Completeness Test; and
Sufficient standard test.
Completeness Test
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 to enforce
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 to enforce
Sufficient standard test.
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
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
