S.A 2020/21 B.E POLITICAL LAW | Question #7

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



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The Executive Judge of a Regional Trial Court prohibited the conduct of daily prayers for Muslims inside any room of the Hall of Justice even during break time.

Among Muslims, five daily prayers (salah) are mandatory. In all these daily prayers, Muslims need to face the qiblah. There is a noontime prayer (Zhuhr) and an afternoon prayer (Asr). But unlike the other three prayers, these two can be recited silently, but still on a prayer mat and with body movements.

There is a Supreme Court Resolution that allows Catholic masses to be held during break time inside the Halls of Justice. There was only one dissent to this Resolution on the ground.of strict separation of Church and State in relation to acts of worship.

The Executive Judge is a member of a Catholic institution perceived to be conservative.


 

 Did the Executive Judge violate the equal protection clause of the Constitution? Explain briefly.

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SUGGESTED ANSWER:

Yes, the Executive Judge violated the equal protection clause since he invidiously discriminated against Muslims. The equal protection clause, in its anti-oppression concept, prohibits invidious

discrimination against minorities, among other groups, which is what happened in this case. There is no compelling public interest for the Judge to classify court employees according to religious belief.


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