Friday, August 19, 2011
Will the RH Bill really enjoy the "presumption of constitutionality"?
Wilfredo JoseMiriam's "constitutional" follow-up to her "encyclical"
The meat of Senator Miriam Santiago's RH Sponsorship speech (Parts 2 and 3) rests in claiming that the enactment of the RH bill will enjoy a presumption of constitutionality. According to her since there is no clear constitutional prohibition, the passage of the bill would amount to a "legislative construction" of Article 2 Section 12 which is at the heart of the constitutionality issue.
I am not about to argue Senator Santiago's legal opinion point by point, for that is well beyond my reach. I would just like to point out that at least three legal luminaries do not share her legal constructions, and in fact flatly goes against them.