2014 (Political Law) Bar Exam Questions: Question 10

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

X.

The void-for-vagueness doctrine is a concept which means that: (1%)

(A) if a law is vague, then it must be void

(B) any law which could not be understood by laymen is a nullity

(C) if a law is incomprehensible to ordinary people such that they do not really know what is required or prohibited, then the law must be struck down

(D) a government regulation that lacks clear standards is nonsensical and useless as a guide for human conduct

(E) clarity in legal language is a mandate of due process.

2 comments

  1. (C) The doctrine has been formulated in various ways, but is most commonly stated to the effect that a statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand that conduct is prohibited by the statute. It can only be invoked against that specie of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. Ref: http://wiki.lawcenter.ph/index.php?title=Void_for_vagueness_doctrine

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