S.A 2020/21 B.E POLITICAL LAW | Question #11

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW



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A Senator filed a petition for mandamus to compel a newly elected President to sign, approve, and transmit to the Senate for its ratification of the treaty creating the International Criminal Court.

Should this petition prosper? Explain briefly.


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SUGGESTED ANSWER:


No, the petition will not prosper. In the area of foreign relations, the discretion of the Executive is at its maximum. It cannot be controlled by the courts through a writ of mandamus, which seeks to compel the President to act one way or another. 

Under the Constitution, executive power is vested in the President, and the signing of treaties is a field of foreign affairs wherein the President is supported by the strongest presumptions of exclusivity.

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Code: S.A 2020/21 B.E POLITICAL LAW | Question #11 


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