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- Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
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Access to justice is a fundamental right guaranteed under Article 8 of the Universal Declaration of Human Rights: ―Everyone has the right to an effective remedy by competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.‖.
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ARTICLE X VIII Transitor y Provisions Principles. THE 1987 CONSTITUTION. THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. PREAMBLE. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a. Government that shall embody our ideals and aspir ations, promote
- Fundamental Law of The Philippines
- Why Does The Constitution Contain Non-Self-Executing Provisions?
- The General Rule
- Social Justice Provision Are Non-Self-Executing Provisions
- The Right of The People to A Balanced and Healthful Ecology
- Political Dynasties Need to Be Defined by Themselves
- Conclusion
Despite being shorter than other legislation passed by the government, the Constitution is the supreme law of the nation. A well-written fundamental law should be concise in order to profit from basic legislation and be easily comprehended by the general public. The complete constitution should be succinct, but it should also be broad in scope in o...
As previously said, the Constitution is wide in and of itself, yet the basic law’s succinctness has advantages and disadvantages. Without an implementing statute, Non-Self-Executing Provisions cannot be fully applied as a legal foundation.
The general rule in construction of the Constitution is that its provisions are SELF-EXECUTING, however, by jurisprudence the Supreme Court defined which of the provisions are self-executing and which are not. In the case of Manila Prince Hotel vs. GSIS the Court stated that: In this article, we will compile some of the decisions of the Supreme Cou...
In the case of BFAR Employees Union vs. COA,2COA flagged down the Food Basket Allowance given to BFAR Employees. The latter labeled COA’s act as unconstitutional because it contravenes the fundamental law of the land enshrined in the Sections 9 and 10 of Article II of the Constitution which provides: SECTION 9. The State shall promote a just and dy...
In the case of Kilosbayan Inc. vs. Morato,6 the Supreme Court held that the principles and state policies enumerated in Article II of the Constitution are NOT self-executing provisions. However, the case of Oposa vs. Factoran7establishes the contrary. The case started when a group of minors represented by their parents and assert that they represen...
Under the State Policies listed in the Article II of the Constitution it states that: Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Unquestionably, the Philippine political scene is plagued by politicians who are anchored in the same family and serv...
Just as man is fallible, so is his creation. The Constitution, which was undoubtedly created by man, may have been imperfect. Yet, its creation was not in vain. Despite its flaws, our Constitution’s provisions have made it possible to somehow achieve the social fairness of which we have been dreaming. After all, relying just on the Constitution is ...
Dec 27, 2023 · In this paper, the structure of Philippine government will be examined through a critical consideration of fundamental provisions in the Philippine Constitution that ascertain legislative...
This article examines the 1987 Constitution of the Philippines’ provisions on social and economic rights and welfare. It considers how the 1987 Constitution fits within the post-liberal paradigm of ‘transformative’ constitutional texts that emerged during democratic transitions in the 1980s and 1990s.
Sep 30, 2006 · Article XVIII. Transitory Provisions. Wnen the late Pres. Ferdinand E. Marcos was deposed, the next president, Pres. Corazon C. Aquino, promulgated on 25 February 1986 a Provisional (Freedom) Constitution. Immediately thereafter, Pres. Aquino created a Constitutional Commission to frame a new constitution, which was ratified in a plebiscite on ...
