Protection by the gavel: A study on the power of the Supreme Court to promulgate rules concerning constitutional rights

Date of Publication

2008

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Commerce Major in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Emmanuel O. Sales

Defense Panel Member

Jaime Sanchez
James Keith Heffron

Abstract/Summary

The true role of Constitutional law is to affect an equilibrium between authority and liberty so that rights are exercised within the framework of the law and the laws are enacted with due deference to rights. Justice Isagani Cruz.

It is, indeed, in the constitution that liberty is well protected and crafted at its best. This paper further explores the fascinating world of Constitutional Law as it studies the power of the Judiciary to promulgate rules concerning constitutional rights. The study is discussed through the thrust of an administrative order which could impugn two extraordinary legal remedies newly promulgated by the Supreme Court- writ of amparo and writ of habeas data. This paper further searchers the strength of the power of the Judiciary in the promulgating rules as it tests the remedies mentioned with the power of the legislative to enact bill and with the power of the executive to claim executive privilege.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19507

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

96, [27] leaves

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