CONSTITUTIONAL LAW 1
Layla-Tal Medina2007-67099-1Delegation of Powers, Legislative Department, Powers of the Congress
DELEGATION OF POWERS
“Potestas delegate non delegare potest”- “What has been delegated cannotbe delegated”Basis: the ethical principle that such delegated power constitutes not only aright, but a duty to be performed by the delegate through theinstrumentality of his own judgment and through the intervening mind of another.RESULT OF FURTHER DELEGATION: it would constitute a negation of duty inviolation of the trust reposed in the delegate mandated to discharge itdirectly.
WHEN AND WHERE IT IS APPLICABLE
It is applicable to all the three major powers of the government,but is especially important in the case of the legislative powerbecause of the many instances when delegation is permitted.
The increasing complexity of government tasks makes thelegislature unable to cope directly with problems that demand itsattention. The growth of society has created peculiar andsophisticated problems that the legislature cannot be expected toreasonably understand.
There is a need for specialization for there are so many mattersthat may need attention but the legislators may not have anycompetence, the time or interest to provide a direct and desiredresult, or even specific solutions.
CASES WHERE DELEGATION IS PERMITTED
1.Delegation of tariff powers- the taxing power, vested in theCongress (impose taxing rates, import and export quotas, tonnageand wharfage dues and other duties and imports).Reason: the necessity of the Chief Executive the authority to actimmediately on matters concerning national economy lest delay causehardship to the people.
Emergency powers-In times of war, convening a quorum is highlyunlikely for it to do business. Even if it were possible, there will stillbe delay in the lawmaking process that could hamper solutions of the problem caused by the emergency. These problems need tobe solved as not to cause further hardship on the people.
What happens when emergency powers are delegated?
The President, in effect, becomes a Constitutional dictator.However, there is no total abdication of power from the legislature. The conferment of such power is subject to restrictions andrequirements determined to make him an agent, NOT areplacement of the legislature.
Requisites for Delegation of Emergency Powers
1.There must be war or other national emergency.2.Delegation must be for a limited period only.3.Delegation must be subject to such restrictions as the Congressmay prescribe.
Emergency powers must be exercised to carry out a nationalpolicy declared by the Congress.There can be no emergency powers in the absence of an emergency.Furthermore, these powers are self-liquidating unless they are withdrawnsooner in the sense that it will cease automatically upon the end of theemergency that justified the delegation.
Other instances of national emergency
1.rebellion2.economic crisis3.pestilence4.epidemic5.flood or similar catastrophe of nationwide proportionsConferment of this said power to the President is not mandatory onthe Congress. Even in the face of the worst crisis, the Congress can stillhold to its legislative powers and validly refuse to delegate. Should they