normal_post - Conflict between a Treaty and a provision in the Constitution - Philippine Laws Author Topic: Conflict between a Treaty and a provision in the Constitution  (Read 1129 times)

MIKELIGALIG.com

  • FOUNDER
  • Webmaster
  • *****
  • avatar_1382_1499847132 - Conflict between a Treaty and a provision in the Constitution - Philippine Laws
  • Posts: 24635
  • medal1 - Conflict between a Treaty and a provision in the Constitution - Philippine Lawsmedal2 - Conflict between a Treaty and a provision in the Constitution - Philippine Lawsmedal3 - Conflict between a Treaty and a provision in the Constitution - Philippine Laws
  • NEED A WEBSITE? email me: info@mikeligalig.com
    • Share Post
Bar Question:

BNN Republic has a defense treaty with EVA Federation. According to the Republic's Secretary of Defense, the treaty allows temporary basing of friendly foreign troops in case of training exercises for the war on terrorism. The Majority Leader of the Senate contends that whether temporary or not, the basing of foreign troops however friendly is prohibited by the Constitution of BNN which provides that, "No foreign military bases shall be allowed in BNN territory." In case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of the Constitution, in a jurisdiction and legal system like ours, which should prevail: the provision of the treaty or of the Constitution? Why? Explain with reasons, briefly.

SUGGESTED ANSWER: In case of conflict between a provision of a treaty and a provision of the Constitution, the provision of the Constitution should prevail. Section 5(2)(a), Article VIII of the 1987 Constitution authorizes the nullification of a treaty when it conflicts with the Constitution. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=26264.0
Romans 10:9-10
"If you declare with your mouth, Jesus is Lord, and believe in your heart that God raised him from the dead, you will be saved. For it is with your heart that you believe and are justified, and it is with your mouth that you profess your faith and are saved."

Where to Stay in Bohol? Book at Dao Diamond Hotel and Restaurant in Tagbilaran City. Online reservation at: https://www.daodiamond.com



Share via facebook Share via linkedin Share via pinterest Share via reddit Share via twitter
 

Sign-up or Log-in Free

 
 
Welcome, Guest. Please login or register.
SMF spam blocked by CleanTalk
Powered by SMFPacks SEO Pro Mod | Sitemap
Mobile View
SimplePortal 2.3.7 © 2008-2020, SimplePortal