Judicial Review Flashcards
What is judicial power as defined in Sec. 1 of Art. VIII?
Duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether 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
What cases must be decided by the Supreme Court en banc?
All cases involving the constitutionality of a treaty, international or executive agreement, or law, and those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations
What are the requisites for judicial review?
Actual case or controversy Locus standi (standing) Question raised at the earliest opportunity Issue is the lis mota of the case
What is a political question?
Those 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 legislature or executive branch of government
It is concerned with issues dependent upon the wisdom, not the legality of a particular measure (Tañada vs. Cuenco)
What is the standard for a justiciable question?
Whether there are constitutionally imposed limits on powers or functions conferred upon political bodies (Francisco vs. House of Representatives)
What is a moot question?
A question that ceases to present a justiciable controversy because of supervening events, lending no practical use to the determination of the issue
When may the Court relax the general rule on mootness?
If the question is capable of repetition yet evading review
If there is a grave violation of the Constitution
If the situation is of an exceptional character and paramount public interest is involved
The issue raised requires formulation of controlling principles to guide the bench, the bar, and the public
What is standing?
A personal or substantial interest in the case such that he has sustained or will sustain a direct injury as a result of the act that is being challenged
What is the general rule on citizen’s standing?
If he has sustained a direct injury
If the citizen seeks the enforcement of a public right
What is the exception to the rule on standing?
If the issue is of transcendental importance
When does an association have standing?
When it brings the suit in behalf of its members who stand to sustain direct injury as a result of the governmental act
When does a voter have standing?
When the voter stands to sustain injury on his right to suffrage
When does a legislator have standing?
When the question affects legislative prerogatives
When does the government have standing?
If it has an interest in setting aside a law that violates the Constitution and that it no longer seeks to enforce, the state can challenge the validity of its own statutes
What is the rule on standing for fauna?
Petitioners must prove that they are real parties-in-interest for environmental cases and that they or their wards stand to be benefited or injured by the outcome of the case
