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    Potestas Delegate Non Delegari Potest Exceptions:: Important Enumerations

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    Clar Napa
    The document outlines several important legal concepts in 3 sections: 1) It discusses two types of challenges to laws: facial challenges and as applied challenges. 2) It lists 5 exceptions to the rule that delegated powers cannot be further delegated, including delegation to administrative bodies, as long as the delegation is complete and fixes standards. 3) It provides 4 principles for determining savings, including that Congress has the power of the purse and the executive must implement the budget as allocated, but some flexibility is allowed.

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    Potestas Delegate Non Delegari Potest Exceptions:: Important Enumerations

    Uploaded by

    Clar Napa
    13 views1 page
    The document outlines several important legal concepts in 3 sections: 1) It discusses two types of challenges to laws: facial challenges and as applied challenges. 2) It lists 5 exceptions to the rule that delegated powers cannot be further delegated, including delegation to administrative bodies, as long as the delegation is complete and fixes standards. 3) It provides 4 principles for determining savings, including that Congress has the power of the purse and the executive must implement the budget as allocated, but some flexibility is allowed.

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    Constitutional Law

    Original Title

    Enumerations Quickie

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    The document outlines several important legal concepts in 3 sections: 1) It discusses two types of challenges to laws: facial challenges and as applied challenges. 2) It lists 5 exceptions to the rule that delegated powers cannot be further delegated, including delegation to administrative bodies, as long as the delegation is complete and fixes standards. 3) It provides 4 principles for determining savings, including that Congress has the power of the purse and the executive must implement the budget as allocated, but some flexibility is allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views1 page

    Potestas Delegate Non Delegari Potest Exceptions:: Important Enumerations

    Uploaded by

    Clar Napa
    The document outlines several important legal concepts in 3 sections: 1) It discusses two types of challenges to laws: facial challenges and as applied challenges. 2) It lists 5 exceptions to the rule that delegated powers cannot be further delegated, including delegation to administrative bodies, as long as the delegation is complete and fixes standards. 3) It provides 4 principles for determining savings, including that Congress has the power of the purse and the executive must implement the budget as allocated, but some flexibility is allowed.

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    IMPORTANT ENUMERATIONS:

    Facial Challenge

    As Applied Challenge

    Potestas delegate non delegari potest exceptions:


    1. Delegation of tariff powers to the President
    under Sec. 28(2) of Art. VI of the
    Constitution.
    2. Delegation of emergency powers to the
    President under Sec. 23(2) of Art. VI of the
    Constitution.
    3. Delegation to the people at large
    4. Delegation to the local government
    5. Delegation to administrative bodies [People
    v. Vera]

    ONLY when:
    a. It is complete in itself, setting forth
    therein the policy to be executed,
    carried out, or implemented by the
    delegate; and
    b. Fixes a standard—the limits of
    which are sufficiently determinable
    and determinate

    The augmenting powers – there shall be:


    1. Law authorizing the P, Pres of Senate,
    Speaker of the HoR, the CJ of SC and the
    heads of ConComm
    2. The funds to be transferred are savings
    3. Augment in the GAA for their respective
    offices

    Savings (4 Principles)
    1. Congress wields the power of the purse and
    therefore chooses how the budget shall be
    spent
    2. The executive is expected to faithfully
    implement the PAPs which Congress
    allocated for.
    3. To make the power of the President to
    augment operative under the GAA Congress
    recognizes the need for flexibility in budget
    execution.
    4. Savings should be actual, something real and
    substantial. Not possible, potential and
    hypothetical.

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