A content analysis of Supreme Court decisions on constitutional implications of franchises, grants or privileges

Abstract

This study was conducted to determine the constitutional implications of franchises, grants or privileges. Hence, Supreme Court decisions which interpret the subject were analyzed. The Non-Probability sampling technique was used as the researcher aimed for a more convenient identification of Supreme Court decisions. There are 37 cases that were identified that discuss the subject. Primarily using the information provided in Supreme Court decisions and other related sources, the data gathered were analysed in order to achieve the given purposes of the study and make recommendations on how to address present issues confronting the subject matter. It was found out that there are significant constitutional implications regarding the nature of the subject matter of this study and there are scopes and limitations applicable to various powers of the State as against the rights of the grantee. Primarily as a tool of the Police Power of the State, franchising is used for regulation of various services being offered to the public that the Government cannot be able to do itself. Being a contract between the grantor and the grantee, conflicts of rights between the parties may ensue especially on the part of the grantee who may have imbued property rights on the subject as against the grantor who will just treat the subject matter as a mere regulation that can be taken anytime whenever public welfare requires. This study suggests the enactment of an updated legislation regarding the subject matter suited to a more modern complexities and necessities of today.