Nature of the Constitution: Constitutional

Supremacy (2004)
(10-a) BNN Republic has a defense treaty
with EVA Federation. According to the
Republic's Secretary of Defense, the treaty
allows temporary basing of friendly foreign
troops in case of training exercises for the
war on terrorism. The Majority Leader of
the Senate contends that whether temporary
or not, the basing of foreign troops however
friendly is prohibited by the Constitution of
BNN which provides that, "No foreign
military bases shall be allowed in BNN
territory."
In case there is indeed an irreconcilable
conflict between a provision of the treaty
and a provision of the Constitution, in a
jurisdiction and legal system like ours,
which should prevail: the provision of the
treaty or of the Constitution? Why? Explain
with reasons, briefly. (5%)