Political Law Elements, Factors, Requirements, and Requisites Flashcards
- What are the requirements of a judicial review?
a. Actual Case or Controversy
b. The constitutional question must be raised by the proper party.
“locus standi”
c. The constitutional question must be raised at the earliest possible opportunity.
d. The decision on the constitutional question must be determinative of the case itself. “lis mota” - the cause of the suit or action
- What are the limitations in the exercise of police power? In other words, what are the tests for the valid exercise of police power?
a. Lawful subject. The interests of the public, in general, as distinguished from those of a particular class, require the exercise of the power. This means that the activity or property sought to be regulated affects the general welfare; if it does, then the enjoyment of the rights flowing therefrom may have to yield to the interests of the greater number.
b. Lawful means. The means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.
- What are the requisites of the exercise of the power of eminent domain?
a. Necessity
b. Private property
c. Taking in the constitutional sense
d. Public use
e. Just compensation
- What are the limitations in the exercise of the power of taxation?
a. Due process of law
b. Equal protection clause
c. Public purpose
- What are the tests for valid delegation?
a. Completeness test
b. Sufficient standard test
- What are examples of civil rights?
a. Right to property
b. Right to marriage
c. Right to equal protection of the law
d. Right to freedom of contract
- What are examples of political rights?
a. Right of suffrage
b. Right to hold public office
c. Right to petition
d. Rights appurtenant to citizenship vis-a-vis the management of government
- What are the requisites of the substantive due process?
a. The interests of the public, in general, as distinguished from those of a particular class, require the intervention of the State.
Recall lawful subject.
b. The means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals.
Recall lawful means.
- What are the requisites for procedural due process?
a. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it.
b. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding.
c. The defendant must be given an opportunity to be heard.
d. Judgment must be rendered upon lawful hearing.
- What are the requisites of a prejudicial question?
a. The civil case involves facts intimately related to those upon which the criminal prosecution would be based.
b. In the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined.
c. Jurisdiction to try said question must be lodged in another tribunal.
- What are the powers of the congress?
a. General (plenary) legislative power
b. Power of appropriation
c. Power of taxation
d. Power of legislative investigation
e. Question hour
f. War powers
g. Power to act as Board of Canvassers in election of President
h. Power to call a special election for President and Vice-President
i. Power to judge President’s physical fitness to discharge the functions of the Presidency
j. Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of martial law
k. Power to concur in Presidential amnesties
l. Power to concur in treaties or international agreements
m. Power to confirm certain appointments/ nominations made by the President
n. Power of impeachment
o. Power relative to natural resources
p. Power to propose amendments to the Constitution
- What are the powers of the president?
a. Executive power
b. Power of appointment
c. Power of control
*Authority to reorganize the executive department
*Alter ego principle
*Power of general supervision
d. Military powers
*Commander-in-chief clause
*Suspension of the privilege of the writ of habeas corpus
*Martial law
e. Pardoning power
f. Borrowing power
g. Diplomatic power
h. Budgetary power
i. Informing power
j. Other powers
*Call Congress to a special session
*Power to approve or veto bills
*Consent to deputation of government personnel by the Commission on Elections
*Discipline such deputies
*Emergency powers and tariff powers (through delegation from Congress)
*General supervision over local governments and autonomous regional governments
