Week 11: the legislative Flashcards
The legislative branch has tremendous powers at its disposal:
the power to legislate laws which govern the state and all the citizens.
the only branch of government possessed with the inherent power of the state; police power and power of taxation.
legislative branch
vested in a bicameral set-up of congress which is composed of the Senate and the House of Representatives.
The Legislative Power of Philippine Government
the power of the legislative branch to make laws defined in the constitution. It has also the power to alter or repeal them.
legislative power
Classification of Powers of Congress
- General Legislative Power
- Specific Powers
- Implied Powers
- Inherent Powers
the power to enact laws which govern the conduct of the state and the individuals as well as the relations between the state and individuals
General Legislative Power
powers which are articulated in the constitution and directly authorize Congress to exercise.
Specific Powers
a power which allows Congress to exercise authority that is necessary and effective for the conduct of their duty
Implied Powers
a power possessed and exercised by every government for its existence and development
Inherent Powers
one of the distinguished characteristics of democracy.
principle of separation of powers
Separation of Powers in the Following Systems of Government:
- Presidential System
- Parliamentary System
- French Presidential-Parliamentary System
in this type of system, the powers of government are vested and divided in the three branches of government; the legislative, executive and the judiciary. Each branch exercises powers and authority defined in the constitution and is considered co-equal.
Presidential system
the separation of powers between the legislative and executive practiced in the presidential system is not practiced in this type of setup, rather than separating the powers, this system fused together the powers of the executive and legislative branch and exercises the functions of legislating laws and executing them under the power of one body.
Parliamentary System
the powers established by this system are remarkably divided between the two prominent political figures; the president who is considered the head of state and the prime minister who is considered the head of government. The two heads have a distinct political powers but in this setup, the president commands tremendous power over the prime minister. The president is elected though national election and has a fixed term of office while the prime minister is elected by the MP’s or Members of the Parliament and hano fixed term of office
French Presidential-Parliamentary System
Principle of checks and balances as practiced by the following branches:
- Checks by The Executive (President)
- Checks by Congress
- Checks by the Judiciary
Functions of Legislative Branch:
1) Legislative Function
2) Executive Function
3) Judicial Function
4) Constitutional Function
5) Electoral Function
6) Financial Function
7) Investigatory Function
the power to legislate laws which are called legislative acts or statutes.
Legislative Function
the power to confirm appointments made by the president
Executive Function
inquiry or investigation conducted in aid of legislation, during impeachment proceedings against public official.
Judicial Function
power to propose amendments to the constitution
Constitutional Function
the Congress serves as a canvassing board to determine the validity of electoral returns for president and vice-president
Electoral Function
approves, alters, or revises the budget presented by the executive branch
Financial Function
the legislative conducts hearings or investigations.
Investigatory Function
Under the power to legislate, the following steps must be followed in the passage of a bill:
- First Reading
- Referral to Appropriate Committee
- Second Reading
- Debates
- Printing and Distribution
- Third Reading
- Referral to the other House
- Submission To Joint Bicameral Committee
- Submission to the President
There are three ways for a bill to become a law:
1) When the president affix his/her signature.
2) When the President vetoes the bill, it will automatically go back to the house where it originated and it will be decided upon by the house through a two-thirds vote o fall the members of both houses.
3) If the President allows the bill to be on his/her desk for thirty days without communicating to the congress his veto.
the Latin word for “I forbid” or “deny.”
veto
one of the powers given to the executive branch i.e. the President to check and balance the legislative department
veto power
Purpose of Veto
- To check and balance the legislative department of the co-equal branch which is the executive.
- To maintain equilibrium in the government.
- To maintain the interdependence of the branches of government.
- For the executive branch to have a direct check on the passage of legislative.
- Measures that could be of help to the development of the state.
is the power to enact laws which govern the conduct of the state and the individuals as well as the relations between the state and individuals.
general legislative power
a power which allows Congress to exercise authority that is necessary and effective for the conduct of their duty.
implied powers
a power possessed and exercised by every government for its existence and development
inherent powers
the power of the legislative branch to make laws defined in the constitution. It has also the power to alter or repeal them
legislative powers
powers which are articulated in the constitution and directly authorize Congress to exercise
specific powers
