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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWII. LEGISLATIVE DEPARTMENTD. Legislative Inquiries and Oversight Functions (1987 Constitution, Art. VI, secs. 21-22)

Question

II. LEGISLATIVE DEPARTMENT
D. Legislative Inquiries and Oversight Functions (1987 Constitution, Art. VI, secs. 21-22)

1. Congress has the power to conduct legislative inquiries and exercise oversight functions to ensure transparency and accountability in the government. With this context in mind, consider the following scenario:

A group of concerned citizens, claiming to have evidence of corruption in a government agency, requested the Senate to conduct a legislative inquiry on the matter. The Senate agreed to the request and scheduled a hearing. During the hearing, several officials from the government agency were invited to testify, including the agency head who is currently under investigation.

Discuss the validity and legality of the Senate's power to conduct a legislative inquiry in this scenario. Consider the constitutional provisions, jurisprudence, and any other relevant laws. Provide a clear analysis of the Senate's authority and any limitations that may apply.

2. The House of Representatives has the authority to exercise oversight functions over executive departments and agencies, including the power to summon witnesses and documents for its inquiries. In light of this, consider the following situation:

The House Committee on Energy is conducting an oversight hearing on the implementation of the Renewable Energy Act. As part of its inquiries, the committee issued a subpoena to the Department of Energy (DOE) requesting documents related to the various renewable energy projects approved by the department. However, the DOE refused to comply with the subpoena, citing executive privilege as a ground for non-disclosure.

Analyze the validity of the DOE's refusal to comply with the subpoena issued by the House Committee on Energy. In your analysis, consider the constitutional provisions, relevant jurisprudence, and any other applicable laws and legal principles. Discuss the balance between legislative oversight and executive privilege in this context.




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