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Discuss the essential conditions for exercise of the legislative powers by ne Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

ChatGPT Answer #

The exercise of legislative powers by a Governor is generally subject to certain essential conditions. These conditions vary depending on the specific constitutional provisions of each country or state. However, some common essential conditions include:

1. Constitutional Authority: The Governor must have constitutional authority to exercise legislative powers. This authority is typically provided in the constitution or legislative acts, which define the scope and extent of the Governor's legislative powers.

2. Legislative Function: The Governor's exercise of legislative powers should be limited to specific situations where legislation is required. Generally, the primary function of the Governor is to execute the laws enacted by the legislature, rather than create new laws.

3. Exigency or Urgency: The exercise of legislative powers by the Governor is often reserved for situations of exigency or urgency. This means that the Governor's power to enact laws through ordinances or similar means is typically limited to instances where waiting for the regular legislative process would result in detrimental consequences.

4. Temporary in Nature: The legislative acts of a Governor, such as ordinances, are usually temporary and intended for a limited duration. They are meant to provide a temporary solution until the regular legislature can convene and pass permanent legislation.

Regarding the legality of re-promulgation of ordinances without placing them before the legislature, it depends on the constitutional framework and laws of the specific country or state. In some jurisdictions, re-promulgation without placing the ordinance before the legislature is considered unconstitutional and could be struck down by the judiciary.

The rationale behind requiring placement before the legislature is to ensure transparency, accountability, and the principle of separation of powers. Placing ordinances before the legislature allows for their proper scrutiny and debate among elected representatives, ensuring that the legislative power is exercised in a democratic and participatory manner.

However, in some cases, the constitution may explicitly allow for re-promulgation without placing ordinances before the legislature. This can be justified on grounds of necessity and urgency. Nevertheless, even in such cases, there may be limitations on the number of times an ordinance can be re-promulgated, or a requirement to obtain the legislature's approval after a certain period.

Overall, the legality of re-promulgation without placing ordinances before the legislature depends on the specific constitutional provisions and laws of the particular jurisdiction.

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