Flashcards Studio

Ordinance 202X-44 of City Z prohibits the sale of non-biodegradable plastic bags within city limits and cites the Declaration of Principles and State Policies (DPSP) on sustainable development and environmental protection as authority for the restriction. A private plastics manufacturer challenges the ordinance before the Supreme Court, contending that it unduly burdens trade and violates due process. (a) Identify the controlling doctrine regarding the enforceability of the Declaration of Principles and State Policies. (b) Apply the doctrine to Ordinance 202X-44: can the DPSP be used to invalidate the ordinance? (c) If the DPSP cannot invalidate the ordinance, what alternative legal basis could the manufacturer rely on to challenge it?