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7.
Yes. Through the Realist theory(Sociological Approach).
Judges decide cases based upon the recent jursiprudence. They
do not craft the decision merely out of thin air. Judges exercse
their discretion in deciding a case with the guidance of the rule of
law which is most applicable under the surrounding
circumstances. They recognize that there is a law and the need to
enforce such law(positivism) but such law is susceptible of
different interpretations(interpretivist theory), this approach
justifies creativity in decision-making beyond the original intent of
the law, if it will serve good public policy, human rights, and
social interests.
8. Thedefinitionofconscientiousobjectioninhealthcareinvolvestherejectionofsome
actionbyaprovider,primarilybecausetheactionwouldviolatesomedeeplyheldmoral
orethicalvalueaboutrightandwronge.g.morallycontroversial
practicesincludeabortion,sterilization,andprovisionofcertaintypesofcontraception
and reproductive technologies. It works best with the natural theory. Having moral
integrity means being faithful to deeply held religious or moral convictions. This
willingnesstoliveandactaccordingtoaninternallyconsistentsetofbasicmoralideasis
considered a desirable character trait. When individuals act contrary tothese deeply
heldconvictions,thelinkbetweenprinciplesandactionsissevered.Thisselfbetrayal
could lead to loss of selfrespect (e.g., I could not live with myself if I did
that.).Therefore, refraining from participating in cerain medical procedures can be
regardedasanindividualsefforttoprotecthisorhermoralintegrity.
they were born here in the Philippines. The court have adopted to a
more liberal approach in the interpretation of the Consittution,silence
does not mean exclusion so as not to deny Mrs. Grace Poe her Filipino
status. The court also persistently invoked that under international and
customary law, foundlings are to be considered citizens from where
they are born.