Fundamental Powers Of The State Flashcards
Basis of Police power
Public necessity & the right of the State & of the public to Self-protection & Self-preservation.
I Police Power
Law of overruling necessity
-power promoting public welfare by restraining and regulating the use of liberty & property.
Characteristic of Police power
It is the most Pervasive, the least Limitable, & the most Demanding of the 3powers.
II Power of Eminent domain
Right/power of the state to forcibly take private property for public use upon payment of just compensation.
Basis of Power of Eminent domain
Necessity of the property for public use.
6 Requisites of power of eminent domain
N.p.t-p.j.d
1 n-ecessity 2 p-rivate property 3 t-aking 4 p-ublic use 5 j-ust compensation 6 d-ue process of law
III POWER OF TAXATION
Power by which the state raises revenue to defray the necessary expenses of the Government.
Scope of power of taxation
Cover persons, property or occupation to be taxed within taxing jurisdiction.
Basis of Power of Taxation
Power emanating from necessity (lifeblood theory).