Beruflich Dokumente
Kultur Dokumente
Escritor
AM P-02-1651, August 4, 2003
FACTS:
ISSUE:
HELD:
A distinction between public and secular morality and
religious morality should be kept in mind. The
jurisdiction of the Court extends only to public and
secular morality.
The Court states that our Constitution adheres the
benevolent neutrality approach that gives room for
accommodation of religious exercises as required by
the Free Exercise Clause. This benevolent neutrality
could allow for accommodation of morality based on
religion, provided it does not offend compelling state
interests.
The states interest is the preservation of the integrity
of the judiciary by maintaining among its ranks a high
standard of morality and decency. There is nothing in
the OCAs (Office of the Court Administrator)
memorandum to the Court that demonstrates how this
interest is so compelling that it should override
respondents plea of religious freedom. Indeed, it is
inappropriate for the complainant, a private person, to
present evidence on the compelling interest of the
state. The burden of evidence should be discharged by
In aid of Legislation:
The Legislatures power to conduct inquiry in aid of
legislation is expressly recognized in Article 6,
section21 of the 1987 Constitution, which reads:
The Senate or the House of Representatives or any of
its respective committees may conduct inquiries in aid
of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in,
or affected by, such inquiries shall be respected.
The power of inquiry in aid of legislation is inherent in
the power to legislate. A legislative body cannot
legislate wisely or effectively in the absence of
information respecting the conditions which the
legislation is intended to affect or change. And where
the legislative body does not itself possess the
requisite information, recourse must be had to others
who do possess it.
But even where the inquiry is in aid of legislation, there
are still recognized exemptions to the power of inquiry,
which exemptions fall under the rubric of executive
privilege. This is the power of the government to
withhold information from the public, the courts, and
the Congress. This is recognized only to certain types
of information of a sensitive character. When Congress
exercise its power of inquiry, the only way for
department heads to exempt themselves therefrom is
by a valid claim of privilege. They are not exempt by
the mere fact that they are department heads. Only
one official may be exempted from this power -- the
President.
are
covered
by
executive