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    Constitutional Law Guideline Questions

    Uploaded by

    Bechay Pallasigue
    The document discusses various inherent powers of the state, including: 1) Police power, which aims to protect public health, safety, morals, and general welfare, and is subject to tests to determine validity. 2) Eminent domain, which allows the state to take private property for public use, with requisites like just compensation. 3) Taxation power, exercised by the state to fund government operations, subject to certain limitations. It also addresses due process of law and equal protection, including the concept of hierarchy of rights with life at the top, and questions around the right to life of the unborn and imposition of the death penalty.

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    Constitutional Law Guideline Questions

    Uploaded by

    Bechay Pallasigue
    34 views2 pages
    The document discusses various inherent powers of the state, including: 1) Police power, which aims to protect public health, safety, morals, and general welfare, and is subject to tests to determine validity. 2) Eminent domain, which allows the state to take private property for public use, with requisites like just compensation. 3) Taxation power, exercised by the state to fund government operations, subject to certain limitations. It also addresses due process of law and equal protection, including the concept of hierarchy of rights with life at the top, and questions around the right to life of the unborn and imposition of the death penalty.

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    Reviewer in Constitutional Law

    Original Title

    Reviewer in Consti

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    The document discusses various inherent powers of the state, including: 1) Police power, which aims to protect public health, safety, morals, and general welfare, and is subject to tests to determine validity. 2) Eminent domain, which allows the state to take private property for public use, with requisites like just compensation. 3) Taxation power, exercised by the state to fund government operations, subject to certain limitations. It also addresses due process of law and equal protection, including the concept of hierarchy of rights with life at the top, and questions around the right to life of the unborn and imposition of the death penalty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    Constitutional Law Guideline Questions

    Uploaded by

    Bechay Pallasigue
    The document discusses various inherent powers of the state, including: 1) Police power, which aims to protect public health, safety, morals, and general welfare, and is subject to tests to determine validity. 2) Eminent domain, which allows the state to take private property for public use, with requisites like just compensation. 3) Taxation power, exercised by the state to fund government operations, subject to certain limitations. It also addresses due process of law and equal protection, including the concept of hierarchy of rights with life at the top, and questions around the right to life of the unborn and imposition of the death penalty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CONSTITUTIONAL LAW GUIDELINE QUESTIONS

    I. INHERENT POWERS OF THE STATE

    Inherent powers of the State are also called Fundamental Powers of the State. Why is it so?

    What is an express power? What is an implied power? What is an inherent power?

    What are the inherent powers of the state?

    How is each power defined?

    How does each power differ\ from the other? How is each power similar to the other?

    Are these powers being fundamental and inherent unlimited per se?

    Police Power
    Police power is embodied in these two concepts, why?
    Salus populi est suprema lex
    Sic utere tuo ut alienum non laedas

    What tests are to be applied to determine the validity of a police power measure?

    What do you understand by the statement – “[a] legislative measure, law, statute or ordinance carries with
    it the presumption of constitutionality?”

    In the cases assigned for police power, what is the subject of the law or local ordinance or administrative
    rule and what is the method or means the subject is sought to be regulated or restricted.

    Does a local government unit have police power? In an LGU, who exercises police power? Is this power
    also inherent in a local government unit?

    Power of Eminent Domain

    Who exercises eminent domain?

    What are the requisites before this power can be exercised?

    Can a person or a private entity exercise the power of eminent domain?

    Power of Taxation

    Who exercises the power to tax? Why?

    What are the limitations to the power to tax?

    II. DUE PROCESS OF LAW AND EQUAL PROTECTION CLAUSE

    How did the concept of Due Process originate?

    What are the three great fundamental rights?

    What is “hierarchy of rights?”


    What is life?

    Does an unborn have any right?

    Does the right to life prohibit the imposition of the death penalty?

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