Exploring Proportionality in Philippine Legislation
Delve into the importation of proportionality through legislation in the Philippine context, analyzing constitutional rights, the absence of proportionality, and the potential for Congress to adopt this principle. Explore the tiers of rights, 2-step balancing, and informational privacy within the legal framework.
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Presentation Transcript
Importing Proportionality through Legislation: A Philippine Experiment Bryan Dennis Gabito Tiojanco Ronald Ray San Juan
Outline 1. Rights analysis in the Philippines 2. Why no proportionality? 3. May Congress import proportionality? 4. Should Congress do so?
Constitutional rights analysis Proportionality Rational basis/ dangerous tendency Intermediate scrutiny/ O brien test Strict scrutiny/ clear & present danger Legitimacy = = > Suitability < = = Necessity = Stricto sensu Power > right Multifactor balancing Right > power
Why no proportionality? Rights Democratic constitutionalism foundationalism (dualist) democracy > rights Rights > democracy Ideal dimension of rights originalism
Tiers of Rights First Free speech No law shall be passed abridging the freedom of speech... - Const art III s 4 Free exercise Second Informational privacy The privacy of communication and correspondence shall be inviolable except when public safety or order requires otherwise as prescribed by law. - Const art III s 3(1) Right to travel Third Economic rights Social justice rights The State shall regulate the relations between workers and employers - Const art XIII s 3
2-Step Balancing Unprotected Realm Permissible Intrusion Internal Limit Internal Limit External Limit Constitutionally Protected Realm
Informational Privacy Public facts Permissible Intrusion Public Figure Freedom of Speech Private Facts
