Political and Public International Law › Legislative Department
C. Other Powers
Test to determine whether a given power has been validly exercised by a particular department:
GR: Whether the power has been constitutionally conferred upon the department claiming its exercise, either expressly or by necessary implication from an express grant.
Doctrine of Necessary Implication: (2010 BAR)
Exercise of the power may be justified in the absence of an express conferment because the grant of express power carried with it all other powers that may be reasonably inferred from it. (Cruz, 2014)
Authorities
- Cruz
- Doctrine of Necessary Implication