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The Judiciary is a co-equal branch of Government to the Executive and the Legislature. [ 30] Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the President of the Philippines, to promote independence. The President appoints individuals to the judiciary.
The definition reaffirms the power of the Supreme Court to engage in judicial review, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action, as was ...
Electoral Commission, 63 Phil. 139 (1936). Nonetheless, the Supreme Court would, in the next several decades, often decline to exercise judicial review by invoking the political question doctrine. In 1987, the constitutional convention formed to draft a new charter decided to provide for a definition of "judicial power" as a means of inhibiting ...
e. The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [ 1]
The Constitution of the Philippines ( Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The Court of Appeals ( Filipino: Hukuman ng Apelasyon[ 2 ]) is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments ...
Judicial review is a process under which a government's executive, legislative, or administrativeactions are subject to review by the judiciary. [1]: 79 In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being ...
e. In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain ...