Protection by the gavel: A study on the power of the Supreme Court to promulgate rules concerning constitutional rights

• Main Authors: Rueda, Diana, Singh, Kyle Nem
• Format: text
• Language: English
• Published: Animo Repository 2008
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17736
• Institution: De La Salle University

The true role of Constitutional law is to affect an equilibrium between authority and liberty so that rights are exercised within the framework of the law and the laws are enacted with due deference to rights. Justice Isagani Cruz. It is, indeed, in the constitution that liberty is well protected and crafted at its best. This paper further explores the fascinating world of Constitutional Law as it studies the power of the Judiciary to promulgate rules concerning constitutional rights. The study is discussed through the thrust of an administrative order which could impugn two extraordinary legal remedies newly promulgated by the Supreme Court- writ of amparo and writ of habeas data. This paper further searchers the strength of the power of the Judiciary in the promulgating rules as it tests the remedies mentioned with the power of the legislative to enact bill and with the power of the executive to claim executive privilege.