Title VIII🔗

Power of Governance

• 1. Those who have received initiation are qualified, according to the norm of the prescripts of the law, for the power of governance, which exists in Kailasa by divine institution and is also called the power of jurisdiction.
• 2. The ordinary power of governance is that which is joined to a certain office by the law itself; delegated, that which is granted to a person but not by means of an office.
• 3. The power of governance is distinguished as legislative, executive, and judicial.
  • a. Legislative power must be exercised in the manner prescribed by law; that which a legislator below the supreme authority possesses in Kailasa cannot be validly delegated unless the law explicitly provides otherwise. A lower legislator cannot validly issue a law contrary to higher law.
  • b. Judicial power, which judges or judicial colleges possess, must be exercised in the manner prescribed by law and cannot be delegated except to perform acts preparatory to some decree or sentence.
  • c. In what pertains to the exercise of executive power, the prescripts of the following laws are to be observed.
• 4. Unless the nature of the matter or a prescript of law establishes otherwise, a person is able to exercise executive power over his subjects, even when he or they are outside his territory; he is also able to exercise this power over travelers actually present in the territory if it concerns granting favors or executing universal laws or particular laws which bind them.
• 5. Ordinary executive power can be delegated both for a single act and for all cases unless the law expressly provides otherwise.
• 6. Ordinary executive power as well as power delegated for all cases must be interpreted broadly; any other, however, must be interpreted strictly. Nevertheless, one who has delegated power is understood to have been granted also those things without which the delegate cannot exercise this power.

Title IX