Inherent Powers of the State

20問 • 1年前

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A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience, a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law

State

It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society

Police Power

Who may exercise police power?

Legislative

the most essential, insistent, and the least limitable of powers, extending as to all the great public needs

Police Power

The inherent right of the State to condemn private property to public use upon payment of just compensation

Power of Eminent Domain

The ultimate right of the sovereign power to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, to public purpose

Power of Eminent Domain

The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals

Lawful Means

The interests of the public, generally, as distinguished from those of a particular class, require such interference and that the subject of the measure is within the scope of the police power.

Lawful Subject

Who may exercise Power of Eminent Domain?

Legislative

Determination of the authority of the expropriator to exercise the power of eminent domain and the propriety of its exercise.

Proprietary of Expropriation

There must be notice and there must be hearing if the property will be taken through expropriation case.

Due process

The full and fair equivalent of the property taken from its owner by the expropriator.

Just Compensation

Taxes and the lifeblood of the government, for without taxes, the government can neither exist nor endure. A principe (attribute of sovereignty, the exercise of taxing power derives its source from the very existence of the state whos social contract with its citizens obliges it to promote public interest and common good. The theory behind the exercise of the power to tax emanates from necessity, without taxes, government cannot fulfill its mandate of promoting the general welfare and well-being of the

Lifeblood Theory and Necessity Theory

It is the power by which the State raises revenue to defray the necessary expenses of the Government.

Power of Taxation

It is the enforcer proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for it e support of the government and for all public needs.It is as broad as the purpose for which it is given.

Tax

It is the exercise of the State of its police power. In this case, just compensation need not be paid

Regulatory Taking

It is an inherent power of the State based on the Constitution. Just compensation must be paid.

Eminent Domain

It has discretion to determine the nature, object, extent, coverage, and situs of taxation But where a tax n easure becomes so unconscionable and unjust as to amount to confiscation of property, courts will not hesitate to strike it down, the power to tax cannot override constitutional prescriptions

Legislative

The rate increases as the tax base increases, with social justice as basis (Taxation her is an instrument for a more equitable distribution of wealth)

Progressive System of Taxation

Taxes should be (a) persons or things belonging to the same class shall be taxed at the same rate) and (b) (taxes should be apportioned among the people according to their ability to pay)

Uniform and Equitable

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Dotty Tanguilig · 22問 · 3年前

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