Q is constitutional authoritarianism compatible

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Unformatted text preview: in Art. II are self‐executing, one of which is that provided in Section 16, Art. II, “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” (Oposa v. Factoran, G.R. No. 101083, July, 30, 1993) Q: What is a Republican State? A: It is a state wherein all government authority emanates from the people and is exercised by representatives chosen by the people. (Dissenting Opinion of J. Puno, G.R. No. 148334, January 21, 2004 and Bernas Primer, 2006 Edition) Q: What are the manifestations of Republicanism? A: The following are the manifestations of Republicanism: 1. Ours is a government of laws and not of men. 2. Rule of Majority (Plurality in elections) 3. Accountability of public officials 4. Bill of Rights 5. Legislature cannot pass irrepealable laws 6. Separation of powers Note: In the view of the new Constitution, the Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as “initiative and referendum”. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 9 UST GOLDEN NOTES 2011 Q: What do you understand by Constitutional Authoritarianism? A: Constitutional authoritarianism as understood and practiced in the Marcos regime under the 1973 constitution was the assumption of extraordinary powers by the President, including legislative and judicial and even constituent powers. Q: Is constitutional authoritarianism compatible with a republican state? A. Yes, if the Constitution upon which the Executive bases his assumption of power is a legitimate expression of the people’s will and if the Executive who assumes power received his office through a valid e...
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This document was uploaded on 03/12/2014.

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