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Legislative Power
1. Meaning. The word “legislative” is derived from the Latin “lex” which
means “law.” In general, legislative power refers to the power to make
and unmake laws. Laws are rules or collection of rules, whether
written or unwritten, prescribed under the authority of a political
society for the common good. The “Legislative Department”
(Legislature) is the law-making branch of the government.
(b) Power of Taxation. The power, which is one of the inherent powers
of the state, is generally exercised by the legislative department. The
Constitution limits such power as follows: “The rule of taxation shall
be uniform and equitable. The Congress shall evolve a progressive
system of taxation.” As was discussed in Chapter 4, taxation must be
uniform, equitable, and progressive. Any law passed by the Congress
contrary to this provision is null and void.
(c) Power of Concurrence. Section 21, Article VII states that “no treaty
or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.”
This refers to the power of concurrence of the Congress in which no
treaty can become binding and effective as a domestic law without the
two-thirds concurrence of the Members of the Senate.
Non-Delegation of Powers
1. Meaning and Explanation. The Congress cannot further delegate the
power delegated to it by the people. This is in keeping with the
principle of non-delegation of powers which is applicable to all the
three branches of the government. The rule states that what has been
delegated cannot further be delegated – potestas delegata non
delegari potest. A delegated power must be discharged directly by the
delegate and not through the delegate’s agent. It is basically an
ethical principle which requires direct performance by the delegate of
an entrusted power. Further delegation therefore constitutes violation
of the trust reposed by the delegator on the delegate. The people,
through the Constitution, delegated lawmaking powers to the
Congress, and as such, it cannot as a rule delegate further the same to
another.