Saturday, August 21, 2010

Principle of Check and Balance

Kaya nga. Ang "control" na tinutuloy sa Check and Balance principle ay ibig sabihin nyan ay "limitation of function". It prevents the concentration of power in one chamber. Ang Check and Balance ay hindi yan "Power to Encroach" each other's function.

Congress have separate powers to make laws but they don't have con...trol over the departments that implement laws; nor do they have control over the judiciary who resolve disputes in the implementation of the law.

The Judiciary have separate powers to resolve disputes in the implementation of the law, but they do not have control over the departments that implement the law, and they don't have the wide popular representation in law-making.

The Executive branch have separate power of the departments to implement the law, but it cannot make rules of engagement that are not consistent with the National Laws passed by Congress and Jurisprudence of the Courts.

Napakaraming trabaho ang Executive Branch na dapat atupagin, mga batas na backlog ang implementation and enforcement. With limited resources and time, they have to take care of their own business before they pay attention to the business of their co-equal chamber (Congress and Judiciary).

The President should implement the law. For example, if the law says there will be election, then tuloy ang election. If Congress will change the law and will say that it will be postponed, then PNoy must implement the law as changed.