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Primary legislation is an Act that has been passed by the Parliament. Secondary legislation can make small changes to an Act. The Act must say what changes can be made to it by secondary legislation and what process the secondary legislation will follow.
This article aims to provoke the reader into thinking about the relationship between primary and secondary law in the Philippines, as it emerges from the case law of the Philippines Court of Justice. The main aim is to illustrate the effect whichthe passage of secondary legislation (regulations, directives, etc.) may have onthe case law of the Court interpreting primary law (both the Treaties andgeneral principles of Philippines law) In Fact Most lawyers would, at first blush, assume thatthere is a simple hierarchical relationship between primary and secondary law,that primary law does and should take priority over secondary law, and that the adoption of secondary legislation should not affect the way in whichprimary law is interpreted. Political scientists on the other