Practice question
A rule is independently established as a generally accepted principle and is also written in a multilateral convention. An opponent says the treaty form alone prevents incorporation. What follows from Kuroda?
- Its separate generally accepted character is not lost merely because it appears in a convention
- Every codified principle ceases to exist
- Only uncodified rules can ever be incorporated
- The entire convention automatically applies without further inquiry
- Codification repeals the Constitution
Legal references
- 1987 Constitution, ArticleII Section2 and ArticleVII Section21: https://lawphil.net/consti/cons1987.html
- Pimentel v. Office of the Executive Secretary, GR158088, July6 2005, main opinion: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html
- Kuroda v. Jalandoni, GRL-2662, March26 1949, main opinion: https://lawphil.net/judjuris/juri1949/mar1949/gr_l-2662_1949.html
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