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55 Ateneo L.J. 1 (2010-2011)

handle is hein.journals/ateno55 and id is 1 raw text is: 






Testing Constitutional Waters 11: Political and

    Social Legitimacy ofJudicial Decisions
    Sedfrey M. Candelaria*
    Maria Eloisa Imelda S. Singzon**






*   '90 LL.M.,  University of British Columbia; '84 LL.B., Ateneo  de  Manila
University School of Law. The Author is the Associate Dean for Student Affairs and
a professional lecturer on Constitutional Law, Public 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
former member   of the GRP   (Government   of the Republic of the Philippines)
Negotiating Panel for talks with the CPP/NPA/NDF (Communist Party of the
Philippines/New  People's Army/National Democratic  Front) and a former Chief
Legal Consultant to the GRP  Negotiating Panel for talks with the Moro Islamic
Liberation Front; Head of the Research, Publication, and Linkages Office and the
Department  of Special Areas Concern of the Philippine Judicial Academy, Supreme
Court  of the Philippines; Head of the 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 Postscript to the
Supreme Court MOA-ADJudgment: No Other Way but to Move Forward,   53 ATENEO
L.J. 269 (2009), Introducing the Indigenous Peoples' Rights Act, 47 ATENEo L.J. 571
(2002); The Rights of Indigenous 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 the co-author of Consultation and the Courts: Reconfiguring the Philippine
Peace Process, 54 ATENEo L.J. 59 (2009); An Overview of the International Legal Concept
of Peace Agreements as Applied to Current Philippine Peace Processes, 53 ATENEo L.J. 263
(2008); The juvenile justice and Welfare Act of 2oo6: Changing Patterns and Responses for
Juvenile Offending, 52 ATENEo  L.J. 293 (2007); Legal Concept of Terrorism under
International Law and Its Application to Philippine Municipal Law, 51 ATENEo L.J. 823
(2007); Testing Constitutional Waters: Balancing State Power, Economic Development and
Respect for Human Rights, 51[ ATENEo L.J. i (2oo6); 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 a Child: Evaluating Compliance
with Respect to International Standards for Procedural Rules Involving Children, 49
ATENEo   L.J. 0io6 (2005).
**   '12 J.D. cand., Ateneo de Manila University School of Law; Member  of the
Board of Editors, Ateneo LawJournal. She was the Associate Lead Editor of Vol. 54,
Issue No. 3.
This Article follows Testing Constitutional Waters: Balancing State Power, Economic
Deveopment and Respect for Human Rights, 51[ ATENEo L.J. i (2oo6), co-written by
the author with Atty. Floralie M. Pamfilo, a former member of the Board of Editors
and the Executive Committee of the Journal. Whereas the previous Article tested the


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