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57 Ateneo L.J. 1 (2012-2013)

handle is hein.journals/ateno57 and id is 1 raw text is: 








Testing Constitutional Waters III: Areas for

    Constitutional Reform in the System of

    Checks and Balances - Making Sense of

    P-Noy's Tuwid na Landas
    Sedfrey M. Candelaria*
    Franchesca Abigail C. Gesmundo*





*   '90 LL.M.,  University of British Columbia; '84 LL.B., Ateneo de  Manila
University School of Law. The Author is currently the Dean of Ateneo de Manila
University School of Law and a professorial 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 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 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 A Review of Legal Education in the Philippines, 55 ATENEO
L.J. 567 (20o0); Testing Constitutional Waters II: Political and Social Legitimacy ofjudicial
Decisions, 55 ATENEO L.J. I (2010); 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, 51i
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. ioi6 (2005).
**  '13 J.D. cand., Ateneo de Manila University School of Law. Member, Board of
Editors, Ateneo LawJournal. She was the Associate Lead Editor of the third issue of


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