Critics agree that much of Southeast Asia desperately needs judicial reform and rule of law. Yet, there is remarkably little comparative scholarship on law and legal institutions in the region. In this blog, I'll follow constitutional developments in Brunei, Burma (Myanmar), Cambodia, East Timor, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam, as well as the Association of Southeast Asian Nations (ASEAN).
Tuesday, December 7, 2010
Beginning to look a lot like political insurance...
According to PhilStar, in a 10-5 vote the Philippine Supreme Court has struck down the Aquino administration's Executive Order No. 1. This act would have established a Truth Commission that would have investigated the alleged wrongdoings of former president Arroyo. The court claimed that only Congress has the authority to establish new government bodies. Yet, skeptics are already pointing out that all of the members in the majority were appointed by Arroyo. Of course, four of the dissenters were also appointed by Arroyo (Justice Sereno is Aquino's only appointee), but those four had already developed a reputation for independence. This issue arises to some extent in U.S. law, although usually in the form of prohibiting excessive delegation from Congress to the executive. When I have a bit more time on my hands, I'll try to read the full opinion and provide more thoughts.
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