Question #
Resorting to ordinances has always raised concern on violation of the spirit of separation of power doctrine. While noting the rationales justifying the power to promulgate, analyse whether the decision of the Supreme Court on the issue have further facilitated to resorting to this power. Should the power to promulgate the ordinances be repealed?
Answer by Chad #
The use of ordinances by the legislative and executive branches of government can indeed raise concerns about the violation of the spirit of the separation of powers doctrine. This doctrine is meant to ensure that each branch of government, namely the legislature, executive, and judiciary, functions independently and checks each other's powers.
The power to promulgate ordinances is often justified by the need for swift action in times of emergency or urgency when the legislative process may be slow and cumbersome. Ordinances are temporary laws that can be issued by the executive branch without going through the usual legislative process, which involves debates, committee hearings, and voting.
The Supreme Court plays a crucial role in deciding the legality and constitutionality of ordinances. Its decisions can either restrict or facilitate the resorting to this power. By analyzing these decisions, one can evaluate whether they have further facilitated the use of this power.
It is important to note that the Supreme Court's decisions on ordinances can vary depending on the specific circumstances and context. In some cases, the Court may uphold the validity of ordinances, recognizing the need for quick action. For example, during times of natural disasters or public health emergencies, the Court may support the use of ordinances to implement necessary measures promptly.
However, the Court also has the duty to ensure that the power to promulgate ordinances is not misused or abused. It can strike down ordinances that violate constitutional provisions or fail to meet the requirements of necessity and urgency. The Court's decisions can establish important precedents and guidelines for the use of ordinances, creating a balance between the need for expediency and the spirit of the separation of powers doctrine.
Whether the power to promulgate ordinances should be repealed is a complex question. Repealing this power entirely may hinder the government's ability to respond swiftly to emergencies. However, it is essential to establish robust safeguards to prevent the misuse of this power.
Instead of repealing the power outright, alternative solutions could include setting clear criteria for the promulgation of ordinances and establishing mechanisms for parliamentary oversight. Strengthening the role of the legislature in reviewing and approving ordinances can help ensure greater accountability and adherence to the spirit of separation of powers.
Ultimately, the decision on whether to repeal the power to promulgate ordinances should be based on a careful evaluation of these factors, taking into account the specific constitutional framework and the necessity for quick action in certain situations.