Practice question
A drafter proposes a rule that makes filing prohibitively expensive and unnecessarily complex to discourage all litigation, while leaving substantive entitlements nominally untouched. He argues that avoiding substantive alteration is the only constitutional requirement. Which is best?
- Every cost barrier is constitutionally required
- Only the drafter’s purpose matters
- The Constitution requires complexity to deter cases
- The text also requires simplified and inexpensive procedure for speedy disposition; the substantive-rights limit is not its only instruction
- There is no constitutional guidance on procedural design
Legal references
- Constitution ArticleVIII Section5(5): https://lawphil.net/consti/cons1987.html
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