Inherent Powers of the State

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@sheshealarci o Philippine Politics, Governance and New Constitution

description

fundamental powers of the state (Philippine context)

Transcript of Inherent Powers of the State

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Philippine Politics, Governance and New Constitution

Page 2: Inherent Powers of the State

Inherent Powers of the State

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FundsSafetyPro

perty

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SIMILARITIES OF THESE POWERS

•They are inherent.

•They are indispensable.

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SIMILARITIES OF THESE POWERS• These are methods of the government to

interfere with private rights.• They all presuppose an equivalent compensation

for the private rights interfered with.

• They are exercised primarily by the legislative branch of the state.

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LIMITATIONS OF THESE POWERS

• These powers can’t be exercised to trample rights guaranteed under the Bill of Rights

▪Exercise of these powers are subject at all times to the limitations and requirements of the constitution.

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Police Power

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•Is the power to enact and enforce the law

for regulation of public order and welfare.

Police Power

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Police Power

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•Police power is considered the most pervasive, the least

limitable and the most demanding power.

Police Power: Characteristics

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•Police power is dynamic, not static and

must move with the moving society it is

supposed to regulate

Police Power: Characteristics

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•Police Power may sometimes use taxing

power as an implement for the attainment of a

legitimate police objective

Police Power: Characteristics

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Power of Expropriation

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Power of Expropriation

Is the power to take private property for

public use.

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Power of Expropriation

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Power of Expropriation

NecessityRequisites on Expropriation

Private PropertyJust Compensation

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Powerof Taxation

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Powerof Taxation

Power to impose and collect revenues for the operation of the government for the people.

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Powerof Taxation

BIR is responsible of collecting, assessing and imposing taxes to be used for public operations of the government.

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Powerof Taxation

The purpose of taxation is to raise funds to support the government and the services for the public.

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Powerof Taxation

The importance of taxation is derived from the unavoidable obligation of the government to protect the people and extend benefits.

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Powerof Taxation

Inherent in sovereignty

Nature

Essentially legislative function

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Philippine Politics, Governance and New Constitution