Practice question
A valid emergency statute delegates defined powers for a limited period and prohibits using them to close newspapers. A department nevertheless orders a newspaper closed solely because it criticizes emergency policy, citing only the delegation and the seriousness of the crisis. No unlawful conduct is alleged. Which analysis is strongest?
- The crisis makes every statutory restriction optional
- The order exceeds the stipulated delegation and also implicates constitutional press freedom
- A newspaper loses all constitutional protection during any emergency
- The Secretary may amend the emergency statute personally
- Criticism is automatically a legislative emergency
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 23(2); Article III, Section 4.
- David v. Macapagal-Arroyo, G.R. No. 171396 et al., May 3, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/41473
Answer this question in flashcards to review your response and continue practicing.