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3. Inherent power of state

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Textbook solutions for this set

Statistical Techniques in Business and Economics

15th Edition
Douglas A. Lind, Samuel A. Wathen, William G. Marchal

1,236 solutions

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Terms in this set (37)

1. They are inherent in the state and may be exercised

by it without the need to express constitutional grant

2. They are mot only necessary but also

indispensable. The state cannot continue or be
Similarities of the three inherent effective unless it is able to exercise them.

powers 3. They are methods by which the state interferes with

private rights

4. They all presuppose an equivalent compensation

for the private rights interfered with.

5. They are exercised primarily by the legislature

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3. Inherent power of state The power of the state to enact and enforce laws and
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Police power to regulate property and liberty in the promotion of
the general welfare of the people

Salus populi est suprema lex The welfare of the people is the supreme law

Sic utere tuo ut alienum non To use your property so as not to injure others
laedos

Protects and guarantees the non-impairment of

Article III in the Philippine
obligations of contract deals with a subject affecting
constitution
the public welfare

Those punishing public scandal, vagrancy, and

Police power on public morals
prostitution; prohibiting illegal gambling and the like

Those penalizing the turning lose of some large

cattle or permitting them to run loose in streets and
Police power on general
plazas of municipalities; regulating prices if
welfare and convenience
commodities ; regulating distances between gasoline
stations among others

Those requiring a license to drive motor vehicles;

Police power on public safety authorizing the demolition of buildings or
improvements which constitute a fire hazard

Those providing paternity and maternity leave for

Police power on public health working ken and women respectively ; those
regulating the profession and the like

The power enables the state to take private property

Power of eminent domain
for public use upon payment if just compensation

Power of eminent domain Also known as expropriation power

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3.
TheInherent power
government entities thatof state 1 the congress 2 the president 3 the local legislative
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may exercise the power of bodies 4 certain public transportation 5 quasi -public
expropriation corporation like the PNR, PLDT, amd the MERALCO

Requisites if taking the property Necessity, private property, just compensation

When the power is exercised by legislature, the

question of necessity is generally a political question,
Necessity but when exercised by a delegate, the determination
of whether there is genuine for the exercise is a
justifiable question

Anything that can come under the dominion of man

or can be the subject of contract is subject to
Private property
expropriation. This will include real and personal,
tangible, and intangible properties

Described as a full and fair equivalent of property

Just compensation
taken from the private owner by the expropriator

The power of the state to impose and collect

Power of taxation
revenues for the operation of the government

To raise revenues of funds to support the

Purpose of taxation
government and its services

1Territory

2international comity

Exemptions of government agencies performing

The constitutional limitations
governmental functions

that are basically provided in

3. Prohibition against the delegation of legislative
the constitution
power under the principle of potestas delegata non
delegare potest

4 the levy of taxes must be for public purpose

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3. Inherent power of state Without funds, the government cannot meet the
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The theory of taxation various essential expenses it has incur to enable it to

exist snd function effectively

The enforced proportional contributions from

persons and property levied by the state by virtue of
Taxes
its sovereignty, for the support of hte government
and for all public needs.

Fiscal adequacy,

Basic principles of a sound tax

equality of theoretical justice,

system
Administrative feasibility

Means that the sources of revenue should be

Fiscal adequacy
efficient to meet the demands of public expenditures

Means that the tax burden should be proportionate

Equality or theoretical justice to the tax payers ability to pay (this is so called ability
to pay principle

Means that the tax laws should be capable of

Administrative feasibility
convenient, just and effective administration

The most comprehensive right of the state. This is the

The right to exist as a sovereign right of a given country (colloquial form of nation) to
political entity exist and administer the affairs, there should be no
intervention or control from any foreign country

the right of a state to manage its internal and external

affairs without the dictates or the the interference of
The right to independence
other states as long as it does not violate the rights of
others stars

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3. Inherent power of state Pertains to legal equality only. States that are Study
member of the united nations are considered equal
The right of equality regardless of size, populations, wealth, among
others.

The right of the state to enjoy absolute ownership to

The right to property and
the territorial and non-territorial possessions up to its
domain
utmost benefits

The power if the state to exercise full authority to its

The right of jurisdiction
subject and to the material possessions of the state

It holds that the state is a divine creation and God has

Divine-right theory
chosen his vice-regents on earth to rule it

It believes that the state founded by man's covenant

Social contract theory
or contract

It believes that the state is a mere expansion of

Patriarchal theory family; family grew into clan, clan into tribe, tribe into
nation and nation into state

It maintains that the state is founded because the

Necessity and force theory weak seeks protection and the strong ones protect
and rule then in return

It holds that the state is founded out of man's instinct

Instinctive theory
for association

It believes that the state must have been founded to

Economic theory
take charge of man's various needs

Historical theory It asserts that state is product of human development

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