Practice question
An ordinance penalizes moving through a plaza in an improper style. It supplies no definition, settled meaning, examples or limiting context, and gives each officer unrestricted choice of what style is improper. A person is charged based only on an officer’s private aesthetic preference. In this as-applied challenge, which is strongest?
- The ordinance lacks the fair legal guidance needed both for the person’s notice and to restrain arbitrary enforcement
- An officer’s confidence automatically supplies the missing standard
- Any majority preference cures every drafting defect
- The defendant’s clothing can amend the ordinance
- Every broad law is valid regardless of comprehensibility
Legal references
- People v. Nazario, G.R. No. L-44143, August 31, 1988, main decision: https://lawphil.net/judjuris/juri1988/aug1988/gr_l-44143_1988.html
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 1.
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