Professional Education Related Laws Definition of Terms
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This document defines key legal and governmental terms through short definitions and examples. It defines operational definitions, legal bases, laws, constitution, bill of rights, code, act, bill, decree, article, order, circular, and memorandum. Acts are defined as writings that state something has been said, done, or agreed. The constitution establishes the basic principles and conception of a government. A bill of rights lists important citizen rights. A code is a complete system of laws and a bill is a proposed law not yet enacted.
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The establishment of a judiciary with the power of constitutional review — determining whether government actions comply with the constitution’s provisions — is now considered a standard component of a democracy. It is increasingly common to entrust the power of constitutional review to a specialised constitutional court that can issue authoritative decisions on the constitutionality of laws and government actions and can interpret the constitution’s provisions.
A constitutional court can play many important roles, including reviewing the constitutionality of legislation, protecting individual rights, providing a forum for the resolution of disputes in a federal system, enforcing the separation of powers, certifying election results, and assessing the legality of political parties.
Establishing a court with the power to review the constitutionality of laws and government actions provides political parties and groups with a form of “insurance” for future scenarios in which they may not be in government and want to make sure that a government formed by their opponents acts within the limits of the constitution. A constitutional court is a means of institutionalising the commitment made by all parties when drafting the constitution to abide by its provisions. Furthermore, foreign investors often regard an independent and well-functioning judiciary as a sign of a country’s stability and investment potential. There are many options in designing a constitutional court, yet some recommendations can be made on a number of key design questions:
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Administrative law
The document provides an overview of administrative law, including:
- The basics of administrative law including the definition of agencies, the two types of agencies (executive and independent), and the governing laws such as the Federal Register Act and Administrative Procedure Act.
- Information on federal agency rules, including how they are published in the Federal Register and codified in the Code of Federal Regulations.
- Details on finding and updating federal agency decisions in print resources, online databases, and legal research guides.
- A brief section covering state agency rules and decisions, with examples from Washington state.
Chapter2.development of administrative law
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
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The document provides an overview of key sources of administrative law, including the Federal Register, Code of Federal Regulations (CFR), and federal agency decisions. It discusses how federal agencies promulgate regulations, the rulemaking process, and how final regulations are published in the Federal Register and codified in the CFR. It also describes independent regulatory agencies and their role in creating regulations with the force of law.
Control of Delegated Legislation
The document discusses control of delegated legislation in the United Kingdom. [1] It recaps that delegated legislation includes statutory instruments and orders in council that have UK-wide effect, as well as local by-laws. [2] Powers are often delegated to ministers through enabling acts of Parliament to make secondary legislation. [3] The document then uses Kenneth Clarke as an example of how a Secretary of State is responsible for making delegated legislation through their department. It outlines some methods used to control delegated legislation, including consultation during the creation of statutory instruments and publication of all delegated legislation.
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Administrative law
The document provides an overview of administrative law, including:
- The basics of administrative law including the definition of agencies, the two types of agencies (executive and independent), and the governing laws such as the Federal Register Act and Administrative Procedure Act.
- Information on federal agency rules, including how they are published in the Federal Register and codified in the Code of Federal Regulations.
- Details on finding and updating federal agency decisions in print resources, online databases, and legal research guides.
- A brief section covering state agency rules and decisions, with examples from Washington state.
Chapter2.development of administrative law
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
Administrative law complete_show3
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Control of Delegated Legislation
The document discusses control of delegated legislation in the United Kingdom. [1] It recaps that delegated legislation includes statutory instruments and orders in council that have UK-wide effect, as well as local by-laws. [2] Powers are often delegated to ministers through enabling acts of Parliament to make secondary legislation. [3] The document then uses Kenneth Clarke as an example of how a Secretary of State is responsible for making delegated legislation through their department. It outlines some methods used to control delegated legislation, including consultation during the creation of statutory instruments and publication of all delegated legislation.
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Delegated legislation refers to laws created by individuals or bodies that have been granted authority by Parliament to make such laws. There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and orders in council made by the Privy Council in emergencies. Delegated legislation allows Parliament to delegate technical or complex issues and provide a means to quickly update laws. It helps save Parliamentary time while allowing laws to be more responsive to local needs or emergencies.
Composition of the legislative department
The Senate is composed of 24 Senators who are elected at large by qualified Philippine voters. Senators serve 6-year terms and cannot serve more than two consecutive terms. Candidates for Senator must be natural born citizens at least 35 years old, able to read and write, registered voters, and Philippine residents for at least two years prior to the election. The Senate is led by the Senate President, who is third in line for presidential succession. Other Senate leaders include the President Pro Tempore, Majority Leader, and Minority Leader.
As the judiciary
The judiciary upholds and interprets the law, and is intended to perform these functions independently and neutrally. Judicial independence means judges can resist political pressure, as they cannot be easily removed and are appointed based on ability rather than politics. However, critics argue judges may still be influenced by their social backgrounds or political considerations in some cases. The judiciary can defend civil liberties through judicial review and interpreting laws, but is ultimately constrained by the law and parliament.
Delegated Legislation
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The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
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This document provides an overview of administrative law and administrative agencies in the United States. It defines administrative agencies as governmental bodies other than courts or legislatures that can affect private parties through rulemaking, adjudication, or other actions. It traces the growth of administrative law during the New Deal era when more flexible governmental responses were needed. It also outlines the legislative checks on agencies, such as the requirement that agencies publish notices of proposed rulemaking and that Congress provide an intelligible principle to guide agencies in their delegated powers.
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This document discusses the structure and powers of the three branches of government in the Philippines:
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2) The executive department, headed by the President, has the power to administer and enforce laws passed by Congress.
3) The judicial department has the power to interpret laws and settle legal disputes, including determining if other branches have abused their authority.
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The document provides an overview of the evolution of the Philippine legislative system from Spanish colonial rule to the present-day Congress. It discusses how representation in the Spanish Cortes evolved over time. It then outlines the legislative bodies that followed, including the Malolos Congress (1898-1899), the Philippine Commission (1901), the establishment of an elective legislature through the Jones Act (1916), the National Assembly under the 1935 Constitution, and the restoration of the bicameral Congress in 1941. It further describes the establishment of the unicameral Batasang Pambansa under martial law in 1972, its abolition following the 1986 People Power Revolution, and the reestablishment of the current bicameral Congress under the 1987
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Delegated legislation refers to laws created by individuals or bodies that have been granted authority by Parliament to make such laws. There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and orders in council made by the Privy Council in emergencies. Delegated legislation allows Parliament to delegate technical or complex issues and provide a means to quickly update laws. It helps save Parliamentary time while allowing laws to be more responsive to local needs or emergencies.
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The Senate is composed of 24 Senators who are elected at large by qualified Philippine voters. Senators serve 6-year terms and cannot serve more than two consecutive terms. Candidates for Senator must be natural born citizens at least 35 years old, able to read and write, registered voters, and Philippine residents for at least two years prior to the election. The Senate is led by the Senate President, who is third in line for presidential succession. Other Senate leaders include the President Pro Tempore, Majority Leader, and Minority Leader.
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The judiciary upholds and interprets the law, and is intended to perform these functions independently and neutrally. Judicial independence means judges can resist political pressure, as they cannot be easily removed and are appointed based on ability rather than politics. However, critics argue judges may still be influenced by their social backgrounds or political considerations in some cases. The judiciary can defend civil liberties through judicial review and interpreting laws, but is ultimately constrained by the law and parliament.
Delegated Legislation
This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
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This document discusses the rise of administrative law in India. It notes that the increasing role of the state, an overburdened judicial system unable to efficiently handle complex disputes, and the legislature's inability to adequately make detailed rules all contributed to the growth of delegated legislation. This allowed administrative authorities to make rules with more flexibility and expertise. However, concerns remained around permissible limits of legislative delegation. The document outlines key court cases that helped shape the understanding of these limits during different periods when the Privy Council, Federal Court, and Supreme Court acted as the highest court of appeal in India.
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LEGISLATIVE
This document discusses the structure and powers of the three branches of government in the Philippines:
1) The legislative department consists of the Senate and House of Representatives, who together hold the power to make and pass laws. It discusses both the advantages and disadvantages of this bicameral system.
2) The executive department, headed by the President, has the power to administer and enforce laws passed by Congress.
3) The judicial department has the power to interpret laws and settle legal disputes, including determining if other branches have abused their authority.
Legislative of the Philippines
The document provides an overview of the evolution of the Philippine legislative system from Spanish colonial rule to the present-day Congress. It discusses how representation in the Spanish Cortes evolved over time. It then outlines the legislative bodies that followed, including the Malolos Congress (1898-1899), the Philippine Commission (1901), the establishment of an elective legislature through the Jones Act (1916), the National Assembly under the 1935 Constitution, and the restoration of the bicameral Congress in 1941. It further describes the establishment of the unicameral Batasang Pambansa under martial law in 1972, its abolition following the 1986 People Power Revolution, and the reestablishment of the current bicameral Congress under the 1987
The legislative department
The document summarizes the powers and structure of the Philippine Congress, which is bicameral, consisting of the Senate and House of Representatives. The Senate has 24 members serving 6-year terms. The House has a maximum of 250 representatives, including district and sectoral representatives. Congress has general legislative powers as well as specific powers like impeachment, taxation, and oversight of the executive branch.
Phil. legislative department
The document provides a brief history of the Philippine Congress from its origins under Spanish colonial rule to the present. It discusses the unicameral Malolos Congress of 1898-1899, the colonial Philippine Commission of 1901, and the evolution of a bicameral, elected Filipino-controlled legislature by 1916. It then covers the establishment of a unicameral National Assembly under martial law in 1972, the restoration of a bicameral Congress in 1987 after the People Power Revolution, and the composition and powers of the present Philippine Congress under the 1987 Constitution.
Legislative branch ph
The document discusses the legislative power and history of the Philippine legislature. It explains that the Philippines has a bicameral legislature consisting of the Senate and House of Representatives according to the 1987 Constitution. It then provides details on the qualifications, powers and salaries of senators and congressmen. The document proceeds to summarize the history of the legislature from Spanish rule, through the American colonial period, the Japanese occupation, and up to the present post-independence constitution.
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This document provides an overview of the Philippine Constitution. It begins by defining what a constitution is, noting that it is the fundamental law that governs a nation and assigns powers to different branches of government. It then discusses the types of constitutions that can exist, including written vs unwritten and rigid vs flexible. The parts of a written constitution are also outlined. The document defines key concepts like revision versus amendment and discusses elements that make up a state like people, territory, sovereignty, and government. It concludes by covering inherent government powers and sections of the bill of rights, specifically due process which must be followed.
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Legislation is the process by which laws are created or changed by a governing body like a parliament. The constitution is a country's fundamental law that outlines the principles and structures of government, defines citizen rights and freedoms, and establishes rules for decision making. Many constitutions establish the legislative process and bodies like the US Congress. Constitutional amendments may be needed to change the legislative process or laws and require high approval thresholds like supermajority votes or referendums. Overall, legislation enforces the principles in the constitution.
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In order to regulate these complex, relations, some law is necessary, which may bring about regularity certainty and may check at the same time the misuse of powers vested in the administration.
Law
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
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The document discusses the different sources of Philippine educational jurisprudence, including the Constitution as the main source and fundamental law, statutes like the Education Act of 1982 and Republic Acts that establish laws around education, and case law/jurisprudence that comes from judicial decisions. It also examines legal concepts like ordinances, legal opinions, resolutions, and regulatory laws as they relate to the Philippine educational system.
The Local Legislative Process
The document discusses the powers and functions of local legislative bodies called Sanggunians in the Philippines according to the Local Government Code. It outlines that Sanggunians have multi-faceted powers including legislation, regulation, revenue generation, and oversight. Some key powers and functions mentioned are enacting ordinances, approving the local budget, reviewing policies and programs of the local executive branch, and ensuring compliance with legislative intent. The document also discusses concepts like quorum, veto powers, effectivity of ordinances, and areas the Sanggunian can regulate and legislate.
Introduction to constitution
The document provides an overview of different Philippine constitutions throughout history:
1) The Code of Kalantiaw and Kartilya ng Katipunan were early constitutions that established rules for regions in the Philippines.
2) The Malolos Constitution of 1899 was the basic law of the First Philippine Republic after independence from Spain.
3) The 1935 and 1973 constitutions established the framework of the national government under American rule and the Marcos dictatorship, respectively.
4) After the People Power Revolution, the 1987 constitution was drafted to replace the 1973 constitution and ensure democratic freedoms following the Marcos regime. It established the current framework of the Philippine government.
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三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
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◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Professional Education Related Laws Definition of Terms
- 1. Operational Definitions Prepared and Presented by: Faustino, Joy Camille M. III-B BSMT
- 2. Legal Bases •conforming to the law •according to law •required or permitted by law •not forbidden or discountenanced by law.
- 3. Laws •that which is laid down, ordained, or established •rule or method according to which phenomena or actions co-exist or follow each other •that which must be obeyed and followed by citizens, subject to sanctions or legal consequences
- 4. Constitution •the organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers.
- 5. Bill of Rights •a list of the most important rights to the citizens of a country •summary of the rights and liberties of the people, or of the principles of constitutional law deemed essential and fundamental
- 6. Code •a collection, compendium or revision of laws •complete system of positive law, scientifically arranged, and promulgated by legislative authority Example: Code of Ethics for Professional Teachers
- 7. Act •writing which states in a legal form that a thing has been said, done, or agreed •does not include ordinances or regulations made by local authorities, or even statutes having only a local application
- 8. Act •PUBLIC act - relate to the community generally, or establish a universal rule for the governance of the whole body politic Example: Republic Act no. 9163: an act establishing the National Service Training Program (NSTP) for the tertiary level students
- 9. Bill •a draft of an act of the legislature before it becomes a law; a proposed or projected law •the draft or form of the act presented to the legislature but not enacted Example: Senate Bill No. 3463 SAFETY INTERNET EDUCATION ACT : an act requiring the department of education to develop a safety internet education program and include this in the curriculum of all elementary and secondary schools
- 10. Decree •certain acts of the Legislature or of the sovereign which have the force of law Example: Presidential Decree no. 603: The Child and Youth Welfare Code
- 11. Article •a separate and distinct part of an instrument or writing comprising two or more particulars; one of several things presented as connected or forming a whole Example: Republic Act no. 7836 Philippine Teachers Professionalization Act of 1994 Article III. Examination and Registration
- 12. Order •a command or direction authoritatively given •a rule or regulation Example: Executive Order no. 356, s. 2004 Renaming the Bureau of Non-formal Education to Bureau of Alternative Learning System
- 13. Circular Memorandum “Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars.” Administrative Code of 1987, Book III, Chapter 2, Section 6
- 14. Black, H. (1968). Black's Law Dictionary (4th ed., p. 1956). West Publishing Co. Reference/s