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All Jurisprudence based

0 tracked cards Political and Public International Law

An international executive agreement is challenged in an actual case as violating an express constitutional restriction. The government argues that diplomatic sensitivity makes every international agreement immune from judicial review, while the challenger asks the court to decide solely whether a different agreement would be wiser. Which answer is best?

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Diplomacy makes the Constitution inapplicable Constitutional legality is reviewable in a proper case, but that is distinct from judicial selection of preferred foreign policy The judiciary must negotiate a replacement agreement Only a foreign tribunal may interpret the Philippine Constitution

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