Constitutionalism in Asia in the Early Twenty-First Century

Communitarianism: the right and the good The public philosophy judicially espoused is broadly communitarian^82 (statist in some ...

involving two consenting adults, as any viable moral theory emplaces limits on consent. In underscoring the social value of the ...

The courts, parliament and a question of balance While committed to ensuring that political branches act within constitutionally ...

otiose’. 104 This fact has not translated into a wholesale adoption of intensive review. The High Court expressly rejected propo ...

Nguyen Tuong Van 114 andYong Vui Kong, 115 and the idea of a fair trial inRe Gavin Millar QC. 116 The courts will apply CIL norm ...

Many cases cited also dealt with murder rather than drug trafficking, which was motivated by cold, calculated greed. The nub of ...

inhuman punishment. The fact that the courts parsed out and differentiated ‘torture’ and ‘inhuman punishment’ suggests that in t ...

because it is ‘clearer’ and strikes a ‘more appropriate balance’ between free-speech rights and protecting judicial reputation, ...

court was necessarily contemptuous. He recognised the ‘powerful public interest’ in ‘exposing and rooting out impropriety and co ...

person more latitude to make defamatory remarks of such personality and to escape with lesser consequences for the defamation he ...

and vindication of reputation. 171 It is appropriate to consider the deterrent effect, in awarding damages, which distinguishes ...

Reputation is thus tied to social standing and contribution to the public welfare, and the worth of one’s reputation affects the ...

13 Philippine constitutional law Majoritarian courts and elite politics Raul C. Pangalangan Philippine constitutional law in the ...

In terms of constitutional theory, the nation, in its desperate quest for a fount of legitimacy, turned to “the Constitution” an ...

Aquino against the Marcos dictatorship had been construed as extraconstitutional and the legitimacy of the new government was pl ...

Effects on civil liberties The first was on the right to privacy. An impeachment complaint was filed against President Arroyo be ...

else.” The court concluded, “It merely confuses our people and is used by some police agents to justify abuses.” Moreover, the “ ...

One dissenting opinion stated that the “state of rebellion” can be used to “skirt the constitutional safeguards” of civil libert ...

Tapes conspiring to cheat in the election. 18 The court struck down the violations of the freedom of speech and freedom of assem ...

manipulation of the rules to frustrate Congress’s impeachment power, and her use of executive privilege to suppress evidence. Im ...