Nature of the Constitution: Constitutional Supremacy

POLITICAL LAW QUESTION 2004

BNN Republic has a defense treaty with EVA Federation. According to the Republic's Secretary of Defense, the treaty allows temporary basing of friendly foreign troops incase of training exercises for the war on terrorism. The Majority Leader of the Senate contends that whether temporary or not, the basing of foreign troops however friendly is prohibited by the Constitution of BNN which provides that, "No foreign military bases shall be allowed in BNN territory."In case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of the Constitution, in a jurisdiction and legal system like ours, which should prevail: the provision of the treaty or of the Constitution? Why? Explain with reasons, briefly.

SUGGESTED ANSWER:

In case of conflict between a provision of a treaty and a provision of the Constitution, the provision of the Constitution should prevail. Section 5(2)(a), Article VIII of the 1987Constitution authorizes the nullification of a treaty when it conflicts with the Constitution.(Gonzales v. Hechanova, 9 SCRA 230 [1963]).