Payne v. Kassab

Concurring Opinion by

President Judge Bowman :

Again, this Court is confronted with the difficult question of determining whether the provisions of Article I, Section 27, of our Constitution are self-executing. In Commonwealth v. National Gettysburg Battlefield Tower, Inc., 8 Pa. Commonwealth Ct. 231, 302 A. 2d 886 (1973), aff'd 454 Pa. 193, 311 A. 2d 588 (1973), we were not unanimous on this issue. It was my view by *37concurring opinion that the issue did not have to be met in that case.

In this case I fully concur with the result reached by the majority. However, being now squarely faced with the issue here, I must express my view that said provisions are not self-executing for the reasons stated by Mr. Justice O’Brien in the Opinion of the Court and as amplified by Mr. Justice Roberts in his Concurring Opinion, affirming this Court in Gettysburg.