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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.
Retired Chief Justice Hilario Davide Jr., a member of the 1986 Constitutional Commission that crafted the 1987 Constitution, opposed proposed amendments and revisions to the charter, describing such proposals as a "lethal experiment, a fatal hit, [and] a plunge to death"; [29] he also warned against amending the "restrictive economic provisions ...
The Supreme Court ruled in 1997 that the People's Initiative method of amending the constitution is "fatally defective", or inoperable. Another ruling in 2006 on another attempt at a People's Initiative was ruled unconstitutional by the court [15] This only leaves the Constituent Assembly and the Constitutional Convention as the valid ways to amend the constitution.
Hence, Section 1, Article VIII of the 1987 Constitution states in part that: Judicial power includes the duty of 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 ...
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
The definition, in effect, diluted the political question doctrine, that it is best to submit specific questions or issues specific questions to the political wisdom of the people, and thus, as a result, are beyond the review of the courts. [5] Furthermore, the present Constitution provided for safeguards to ensure the independence of the ...
Whether federal or state judges, the Supremacy Clause provides that the Constitution and federal law, applicable for all Americans, are supreme. Legislative and executive officials are political.
The 1935 Constitution of the Philippines, which served as the basis for the current constitution. The Philippine legal system is a hybrid form based on the Spanish civil law and American common law system, [32]: 304–305 with a system of Sharia law in place for some areas of law involving Muslims. [33] [26]: 10874