Political and Public International Law › Basic Concepts

D. Fundamental Powers of the State

Fundamental Powers of the State – Police Power, Eminent Domain andTaxation

– Concept, Application, and Limitations (1987 CONST., art. III, sec. 9; art. VI, sec. 28; art. XIV, sec. 4(3))

The following are inherent in a State, inseparable from its sovereignty. Hence, these can be exercised even without being expressly granted in the Constitution or laws. However, the conditions for their exercise can be regulated and limited

  • Police Power
  • Eminent Domain
  • Taxation

Powers retained by the National Government:

  • National defense and security
  • Foreign relations
  • Monetary affairs

Authorities

  • 1987 Constitution, Sec. 28
  • 1987 Constitution, Sec. 4
  • 1987 Constitution, Sec. 9