Silence is Concurrence

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Patrick Brown. And Then Such, in my opinion, is the command of the Constitution. Ethan James Petty. The reality was that many, most maybe, but certainly a plurality of my male classmates, shared the same views I did.

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Ask it above. The short story, "Silence Is Concurrence," is a traditional ghost story with a Southern twist. Collecting material for a book of ghost stories, Kate travels to North Carolina's beautiful Outer Banks to collect an eyewitness account of a haunting. Ideally, the President should be able to act, after a diligent study of the possible complex treaty issues involving the termination of a treaty, and not be hampered by the veto power of the Senate.

Silence is Concurrence

However, the Senate imposed no such condition when it concurred in ratifying the Rome Statute in during the time of President Benigno Aquino 3rd. Some senators have reflected that this recent Senate practice may be construed as an admission that the Constitution does not require Senate approval for Philippine withdrawal from its treaties.

This Senate resolution was intended to have retroactive effect but it was not put to a vote and has not become the official position of the Senate. This has avoided a confrontation with the President when the DFA sent the notice of withdrawal from the Rome Statue in accordance with the procedure stated in the treaty.

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Supreme Court as arbiter Some senators have admitted that the current practice of the Senate giving its consent to the ratification of a treaty, subject to requiring Senate approval of withdrawal from the treaty, could be questioned before the Supreme Court. Since the Constitution is silent on the matter of Senate concurrence on withdrawal from treaties, the petitioners have sought to fill this void through the interpretation of certain provisions of the Constitution and deductive reasoning based on the perceived similarity between a law and a treaty.

Am I Bound To a Contract If I Do Not Say Anything?

It is argued that, since the ratification of the Rome Statute by the President was concurred in by the Senate, withdrawal, as a constitutional matter, requires a similar concurrence. On the other hand, under the Constitution, the President nominates, and with the consent of the Commission on Appointments, appoints the heads of executive departments and ambassadors but the President has exercised the power to dismiss them without consulting Congress.

Another argument presented is that, while the conduct of foreign affairs is a function of the executive branch, a treaty needs Senate action when it enters into force in the Philippines because it has the same binding effect as a statute.


Treaty-making, treaty-denunciation However, as stated above, the Senate does not exercise inherent legislative powers when it concurs in the ratification of treaties. Thus, this power of treaty-making and treaty-denunciation should be expressly delegated and consequently one cannot speak of dilution of the legislative power. A corollary argument advanced to support the thesis of the petitioners is that the President would be granted broad lawmaking powers if the Senate did not have the power to withhold its consent on his power to withdraw from a treaty.

If the President alone enjoyed the unfettered prerogative to enter into treaties, he could effectively alter the Philippine legal system and its legislative framework without the participation of the legislative branch.

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It is argued that the same thing would be true in respect of the denunciation or withdrawal from membership in a treaty organization. As illustration, it is argued that the Philippines would obviously go through an overhaul of its legal system were the Philippines to denounce the UN Convention on the Law of the Sea UNCLOS and that its effects on the definition of its territorial sea and its claims to sovereign rights would be severely altered. But the overhaul of the legal system would not automatically take place. The denunciation of a treaty is not the same as the repeal of a law. If the Philippines were to denounce the UNCLOS, this would not automatically repeal the laws passed by the Philippines to ensure that its laws are consistent with the convention like the Archipelagic Baselines Law.

Silence Is Concurrence - eBook -

There would be a need to repeal or amend them by new legislation if this was desired. The rules of the convention on the sovereign rights and obligations of nations to the different maritime zones would remain the same. Gratuitous concurrence is not confined to traditional Aboriginal people from the north-west of the State [see Role of the Duty Solicitor chapter]. Often taking an indirect approach to seeking information is more appropriate when taking instructions from an Aboriginal defendant.

Allowing a person to tell in their own words what has happened is culturally appropriate when taking instructions from an Aboriginal defendant and allows moments of silence and pause while thoughts are put together.

USNA Women Shared Interest Group

Another way to say this, more concise I think is: "Silence is concurrence!". If you object, speak up. If you concur, verbalize support. Or, sustain. Silence is Concurrence eBook: Amy Corwin: Kindle Store.

Silence and pause are an important and normal part of communication and the exchange of information. A duty solicitor has to possess the virtues of patience and sympathetic understanding and must listen attentively to an Aboriginal person's story. The story and the telling of the story are essential aspects of Aboriginal culture. Stories are only revealed to people who can be entrusted with them [see Role of the Duty Solicitor chapter].


The use of body language is an integral part of communication for many Aboriginal people. For example, hand gestures and movement of the head and eyes can be important.

Concurrence Viviane Ndour Aida Samb , Habillement S*xy des artistes, Aida Samb brise le silence

Direct eye contact may be taken as a sign of aggression, rudeness or disrespect; lowered eyes and talking in a quiet manner may be seen as respectful behaviour. Toggle navigation. Legal Help for all South Australians.

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