As for the Supreme Court, I do not support clipping its powers. In the first place, as all first year law students know, the power of judicial review does not exist because of the constitution but by virtue of judicial power. Even if you do away with the current constitutional provision defining judicial power and including within it the power of judicial review, the Supreme Court can still exercise that power as the Judicial Department must do so to resolve actual cases and controversies. So if the reason for changing the Constitution is to restrain the Suprme Court, then I am afraid someone gave the President wrong advice again. The only reason the power of judicial review is in the Cory constitution is to make sure that never again would you have a situation where the Supreme Court use political questions as an excuse for not making important decisions. But even today, the political question doctrine is still good and can be invoked in proper circumstances. I do agree that the Supreme Court, not just today but since 1987, have overreached sometimes but thats is because of the kind of Justices that have been appointed. If for example, all our justices were like Justice VV Mendoza, Justice Feliciano, Justice Cortes, Chief Justice Sereno, and Justice Leonen, whose jurisprudence seem to be consistent with judicial restraint, then we would not have that happening. You would have to however appoint more Justices from academe and from the executive branch of government who would appreciate such an approach. Those that come from the judicial ranks would understandably have a different view. And based on my analysis of The jurisprudence of Chuef Justice Fernan, Davide, Tinga,, and Nachura, all legislators, they seem to be amendable to judicial activism. I guess old habits - policy prescription in their case - die hard. To my XU Law constitutional law students, I can tell you in advance one of the questions for your midterms next week: Assuming the President succeeds in deleting Article VIII, Section 1, especially the second paragraph, can the Court still exercise the power of judicial review subject only to the restraints it imposes on itself (make sure enumerate and discuss the requirements and limitations of judicial review)? Explain and Cite other constitutional provisions and jurisprudence to support your answer.
Posted on: Thu, 14 Aug 2014 00:13:39 +0000