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51 Ateneo L.J. 1 (2006-2007)

handle is hein.journals/ateno51 and id is 1 raw text is: 






Testing Constitutional Waters: Balancing State

    Power, Economic Development and

    Respect for Human Rights
    Sedfrey M. Candelaria*
    Floralie M. Pamfilo**



I. INTRODUCTION                ............................................................. 2
II. THE PRESIDENTIAL GOAL       .................................................. 4
    A. Economic Condition
    B. Ten-Point Agenda and the Medium Term Development Plan
    C. Challenges to Economic Growth
III. EXECUTIVE POWER  AND  RESPECT  FOR HUMAN   RIGHTS ..................... 6
    A. Executive Order No. 420
    B. Executive Order No. 464
    C. Batas Pambansa Blg. 88o and Calibrated Preemptive Response
    D. Proclamation 1o17
    E. Exercise of State Power in Pursuit of Economic Development


*   '84 LL.B. Ateneo de Manila University School of Law; LL.M. University of
British Columbia (1990). The Author is the Associate Dean for Student Affairs and
professorial lecturer on Constitutional Law, Pubic International Law, Political Law
Review,  International Economic Law, Children's Rights Law, and Indigenous
Peoples' Rights at the Ateneo de Manila University School of Law. He is also a
Member  of the GRP  (Government of the Philippines) Negotiating Panel for talks
with the CPP/NPA/NDP (Communist Party of the Philippines/New People's
Army/National Democratic Front); Head of the Research and Linkages Office and
the Department of Special Areas of Concern of the Philippine Judicial Academy,
Supreme  Court of the Philippines; Head of the Children's Rights and Indigenous
People's Desk, Ateneo Human  Rights Center; and President of the CASA/GAL
Foundation of the Philippines, Inc. The Author's previous works published in the
Journal include Introducing the Indigenous Peoples' Rights Act, 47 ATENEo L.J. 571
(2002); The Rights of Indgenous Communities in International Law, 46 ATENEo L.J. 273
(2001); The Legal Characterization of the Asia-Pacific Economic Conference (APEC) and
the Individual Action Plans in International Law, 44 ATENEo L.J. 405 (2000); and The
IMF  and the Philippines: Anatomy of a Third World Debt, 36 ATENEo L.J. 18 (1992).
He is also co-author of Courts and Social Context Theory: Philippine Judicial Reform as
Applied to Vulnerable Sectors, 50 ATENEo L.J. 823 (2oo6); and The Philippines and the
Convention on the Rights of the Child: Evaluating Compliance with Respect to International
Standards for Procedural Rules Involving Children, 49 ATENEo L.J. 1o6 (2005).
**  '08 J.D. cand., Ateneo de Manila University School of Law; Member, Board of
Editors, Ateneo LawJournal. She is the Associate Lead Editor for this issue.

Cite as 5 ATENEo L.J. I (2oo6).


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