Libertad

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Pieces of Constitutionalism, Rule of Law and Justice

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Libertad

  1. 1. Constitutionalism, Rule of Law and Justice
  2. 2. The maintenance of peace and order, protection of life, liberty and property and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy ---Art.II, Section 5, 1987 Constitution o Ideals of Constitutionalism and the Rule of Law
  3. 3. CONSTITUTIONALISM adherence to constitutional principles or government  “one law for all men”  Basis: Constitution (essential element)  various Constitutions were adopted by the Philippines since the Spanish regime.  RULE OF LAW    fundamental and defining principle of a democratic government “government of law and not of men” Limitation on government arbitraries, equality before the law, formal or procedural justice “THE RULE OF LAW SAFEGUARDS THE CONSTITUTION”
  4. 4. Constitution   o o o o o defines the powers of the government The Judiciary as its instrumentality -mediates to allocate constitutional boundaries - not assert superiority over other departments - asserts solemn and sacred obligation assigned to it *Judicial Supremacy Biyak-na-Bato Malolos 1935 1973 1987
  5. 5. Justice System  Sophisticated network of government branches, agencies and offices for dispute resolution, investigation, prosecution and police action and correction and rehabilitation of offenders. e.g. DEPARTMENT OF JUSTICE Mandate: serves as the principal law agency of the government  requires cooperation and coordination effectively and efficiently. to proceed
  6. 6. # ironic -Systems of Checks and Balances : Justice Administration and Agencies will relate to each other in an ADVERSARIAL rather than a COOPERATIVE MANNER. - All government branches are called to uphold the Rule of Law. - Problem: Quality of the Rule of Law is Poor.
  7. 7. Justice Sector Agencies and its Challenges Judiciary  Resource limitations: pose risks to judicial independence susceptible to improper influences  Timely disposition of cases: case backlogs remain high PNP and NBI  Unclarity and overlap in the roles  Duplication of functions  Produce inconsistencies---lead to institutional and operational conflict Public Attorney’s Office assures competence and independent legal defense in criminal proceedings for the poor
  8. 8. Justice Sector     Fair and timely resolution of disputes and equal protection of rights Foster culture of lawfulness Advance the rule of law Common General Problem: Resource Limitations & Poor Management •Human and Financial resources & physical infrastructure- grossly inadequate, poorly allocated and managed •Court dockets remain congested- excessive delays
  9. 9. Judiciary had been imposed with time limits by the Constitution -no counterpart provisions for other agencies > police investigation > preliminary investigation > enforcement of judgment   Justice Sector- interrelated nature
  10. 10. General Problem challenging Constitutionalism, Rule of Law and Justice 1. slow pace of justice - Delays in criminal cases were common - detention periods in national security cases were long - defendants in criminal cases are afforded the right to counsel 2. Rotten criminal justice system - wanton killings, disappearances, assault, arbitrary detention and torture by state officers or their agents in the Philippines - subsequent limited and failed investigations, non-protection of terrified witnesses and inaction or bias by the Department of Justice and its public prosecutors
  11. 11. 3. Independence of the Judiciary - aloofness of the Supreme Court from the political departments and its superior respectability - the Supreme Court should be regarded with special deference and even near reverence, removed from the bickerings and even cheapness of the political departments with their gaudy courtship of partisan applause and, especially now, the vulgarity, corruption, and idiocy as well, of some of their members. 4. Supreme Court is no longer the idealized bastion of truth and justice  A constitution that only protects the rich and the powerful A constitution that only Jails the poor or those who cannot afford a lawyer A constitution that can be manipulated A constitution that favors Politicians
  12. 12. Strategies & Institutional Interventions  Problematic Justice System among Justice Sectors 1. Implementation of new rules -diminish opportunities for delaying tactics 2. Reward timeliness 3. Protect officials who apply the rules 4. Access-to-justice network at the community level 5. Improvement of management, disciplinary actions and leadership 6. Proper allocation of resources -boost morale in service and professionalism
  13. 13. Justice System’s Performance 1.urgent comprehensive review of the Philippine justice system -the rationalizing of its deficient witness protection programme and law -the strengthening of agencies for the receipt, investigation and prosecution of complaints against police and military officials -action on findings into extrajudicial killings -enactment of domestic laws on torture, enforced disappearance and other fundamental rights in accordance
  14. 14. 2. advance our governance and rule of law objectives -particular emphasis on human rights, -effective administration of justice -provision of services by the national and local governments 3. develop a fair and efficient judicial system, and increase the credibility of judicial institutions and systems 4. Immediate disciplinary sanctions to public officers who violate their duties under the Constitution

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