[Constitutional Law 1] - Requisites of Judicial Review Flashcards
What are the requisites of Judicial Review?
- actual case controversy
- petitioners must have locus standi
- the question on constitutionality must be raised at the earliest opportunity
- constitutionality must be the very lis mota of the case
When will the court decide on a case even though it may be supposedly “moot and academic?”
- When there is a grave violation of the Constitution
- The exceptional character of the situation and the paramount public interest is involved
- When a constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public
- The case is capable of repetition yet evading review.
What do you mean by capable of repetition yet evading review?
When the government agency acting on the assailed issue can still repeal the act and evade review. For example repeal it by making moot and academic rendering the Court unable to decide.
What did the Court say on the concept of Earliest Opportunity in the case of Serrano v Maritime Services?
The Earliest Opportunity is when the issue of Constitutionality is presented before a competent court. In the case of Serrano, the constitutionality issue was presented before the CA. The CA was the earliest opportunity because the NLRC did not have jurisdiction over it.
Why was the NLRC not a competent court to try the issue on constitutionality in the case of Serrano v Maritime Services?
The NLRC is not a competent court because it a quasi-judicial court. Although it has the power to hear cases involving rights under the jurisdiction of its commission, it does not have the power of judicial review as vested by Section 1 Article 8 of the Constitution.
When a Court has declared a law unconstitutional, is the Congress prohibited from passing the same law again?
No. For example, after the Court decided that the assailed law in Serrano vs Maritime Services was unconstitutional, Congress passed again the same law insisting on the same provision.
What is the definition of Locus Standi?
Locus standi is defined as “a right of appearance in a court of justice on a given question.”
What are the three principles of constitutional construction?
(1) verba legis
(2) ratio legis est anima
(3) ut magis valeat quam pereat
What is the general rule on Constitutional construction?
The Constitutional provisions are self-executing provisions. However, there are some provisions that are non-self-executing as expressly granted to it by the provision itself.
Is the Connstitution written into every contract?
Yes.
Is the Connstitution written into every contract?
Yes.
Expound the doctrine of operative fact.
The doctrine of operative fact recognizes the existence of the law or executive act prior to the determination of its unconstitutionality as an operative fact that produced consequences that cannot always be erased, ignored or disregarded. In short, it nullifies the void or executive act but sustains its effects. It provides an exception to the general rule that a void or unconstitutional law produces no effect.
When can one be vested with the “right of appearance” or legal standing in private cases?
One can be vested legal standing when one sufficiently complies with the “real-parties-in-interest”
When can one be vested wit hthe “right of appearance” or legal standing in public cases?
One has the right of appearance or legal standing in legal cases when he or she can prove that he or she sustained or will sustain an injury from the act complained of.
