The Independence of the Supreme Court (Judiciary), the Power to Enforce the Constitution and the Power of Judicial Review -By: Dr. Delmar T. Taclibon- In the word of Lord Viscount James Bryce of Dechmont, Belfast, Ireland (10 May 1838 – 22 January 1922, British academic, jurist, historian and Liberal politician): “Nothing more nearly touches the welfare and security of average citizens than his sense that he can rely on the certain and prompt administration of justice. Law holds the community together. Law is respected and supported when it is trusted as the shield of innocence and the impartial guardian of every private civil right. But if the law (acts by the departments of government is for self- aggrandizement and self-motive) be dishonestly administered, the salt has lost its savor; if it be weakly or unfaithfully enforced, the guarantee of order fail, for it is more by the certainty than by the severity of punishment, than offenses are repressed. If the lamp of justice goes out in darkness, how great is that darkness.” According to Chancellor James Kent ((July 31, 1763 Fredericksburg, Putnam County, New York – December 12, 1847 New York City , American jurist and legal scholar and the author of Commentaries on American Law): “Where there is no Judiciary to interpret and execute the law, to decide controversies, and to enforce rights, the government may either perish by its own imbecility or the other departments of government must usurp powers for the purpose of commanding obedience, to the destruction of liberty.” In the words of Justice Arthur T. Vanderbilt (July 7, 1888 – June 16, 1957, Chief Justice of the New Jersey Supreme Court from 1948 to 1957, an attorney, legal educator and proponent of court modernization): “It is in the Judiciary and not any equal power that our citizens primarily feel the keen cutting edge of the law. If they have respect for the work of the courts, their respect for the law will survive the shortcomings of any other branch of government; but if they lose respect for the work of the courts, their respect for law and order will banish with it to the great detriment of society.” Independence of the Judiciary under the 1973 Constitution: In a Democracy, the Judiciary enjoys independence, that is, they are free to perform their functions without interference from the legislative or executive branch of government. For a government of law and not of men can be assured only by a Judiciary that is independent and free, passionately devoted to the impartial dispensation and administration of justice. This being true, the Constitution – the ultimate law of the land secures, in so many ways, the independence of the Judiciary. The Judiciary to Enforce the Constitution: Under the 1987 Freedom Constitution of President Ma. Corazon “Cory” C. Aquino Under a doctrine peculiarly American, it is the office and duty of the Judiciary to enforce the Constitution. This Court, by clear implication from the Provision of Section 5, Sub-Section 2 (a) of Article VII of the 1987 Constitution thereof, may declare an act of the National Legislature invalid if it is in conflict with the fundamental law – the Constitution. The Judiciary will not shirk from its sworn duty to enforce and protect the Constitution. And in clear cases, it will not hesitate to give effect to the Supreme Law by setting aside a statute in conflict therewith in the recent cases in G.R. NO. 208560 Greco Antonious Beda B. Belgica, et al. Vs. The Honorable Executive Secretary Paquito N. Ochoa, Jr., et al., G.R. No. 209287: Maria Carolina P. Araullo,et al., petitioners v. Benigno Simeon C. Aquino, III, et al., respondents, and in People vs. Vera, 65 Phil. 56 (see Demetria vs. Alba, G.R. No. 71977, February 27, 1987). This is of the essence of judicial duty. Power of Judicial Review under the 1987 Constitution: It is the power of the Supreme Court to assert its solemn and sacred duty assigned to it by the Constitution and to establish for the parties in an actual controversy the right which that instrument secures and guarantees to them (Angara vs. Electoral Commission, 63 Phil. 139). Dr. Delmar Topinio Taclibon, Bt., DKR, KRSS, BSCE, MBA, Ph.D.D.A. References: Modern Democracies, Vol. 2, p. 384 Gregorio F. Zaide supra, p. 142 The Challenge of Law reform, pp. 4-5 1973 Constitution, Hector S. De Leon, Emilio E. Lugue, Jr., 1982 Edition, Rex Book Store 1987 Philippine Constitution Philippine Constitutional Law, Ruperto G. Martin, LL.B, LL.M., former Associate Justice of the Supreme Court of the Philippines, Former Dean College of Law, University of the East, Premium Book Store, 1988, Copyright, Philippines Angara vs. Electoral Commission, 63 Phil. 139 People vs. Vera, 65 Phil 56 Demetria vs. Alba, G.R. No. 71977, February 27, 1987
Posted on: Tue, 02 Sep 2014 09:17:03 +0000
Trending Topics
Recently Viewed Topics
© 2015