Judicial Power Flashcards
What is Judicial Power? (verbatim)
JUDICIAL POWER includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. (Art. VIII, Sec. 1, Par. 2)
What are Political questions(verbatim)
Questions of policy. refer to those questions which under the Constitution are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.(Tanada vs Cuenco)
What are the two types of political questions?
- Those questions which under the Constitution are to be decided by the people in their sovereign capacity. (Recall in LGC)
- Those in regard to which full discretionary authority has been delegated by the Constitution to the executive or legislative branch of the government. (Calling out power of the President)
What is the effect of the EXPANDED CONCEPT OF JUDICIAL POWER on the political question doctrine?
It has lessened the political question doctrine. Thus, even if it is a political question, if there appears to be abuse of discretion, the Court may review it.
What is the EXPANDED CONCEPT OF JUDICIAL POWER?
to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the governmen
What is the SYMBOLIC FUNCTION OF THE COURT?
- It is the duty of the Court to formulate guiding and controlling principles, precepts, doctrines or rules. It has the symbolic function of educating the bench and the bar on the extent of protection given by Constitutional guaranties.
What are the requisites for a proper exercise of the power of JUDICIAL REVIEW?
- Actual Case or Controversy
- Legal Standing (Raised by the Proper Party)
- Raised in the Earliest Opportunity
- The constitutional question must be the lis mota of the case
What is Locus Standi?
a personal and substantial interest in the case, such that a party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.
What do you mean by legal standing?
It means an existing case or controversy which is both ripe for resolution and susceptible of judicial determination and that which is not conjectural or clarification,
Q. May courts render advisory opinions?
No, courts can only decide actual controversies, not hypothetical questions or cases.
What is a moot and academic case?
one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value.
What is the exceptions on the moot and academic rule?
- There is a grave violation of the Constitution;
- The exceptional character of the situation and the paramount public interest involved;
- When constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and
- The case is capable of repetition yet evading review. (David vs. GMA)
What does “THE CONSTITUTIONAL QUESTION MUST BE RAISED AT THE EARLIEST OPPORTUNE TIME” mean?
The earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same, such that, “if it is not raised in the pleadings, it cannot be considered at the trial, and if not considered at the trial, it cannot be considered on appeal.
What is the exception in the raised at the earliest opportunity rule?
- However in criminal cases, the accused may raise the constitutional question even for the first time on appeal.
