. R esolution esolution of the issue of constitutionality is unavoidable or is the very lis mota.
JUDICIAL REVIEW Definition
1. Judicial Review is the power of the SC to declare a law, treaty, treaty, ordinance etc. unconstitutional. 2. Lower courts courts may also exercise exercise the power of judicial review, review, subject to the appellate jurisdiction of the SC. 3. nly SC decisions decisions are precedent, precedent, and thus, only SC decisions decisions are bindin! on all. Requisites
Code" [A R S Co R]
#rticle 4, section , para!raph 2 (2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc , and all other cases which under the Rules of Court are required to be heard en banc , including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
1. #n AC$%#L C#S& callin! for the exercise of judicial power 2. $he 'uestion involved must be R ()& ()& *+ #-%(C#$(, i.e. the !overnment act must have had an adverse effect on the person challen!in! it. 3. $he person challen!in! challen!in! the !overnmental act act must have /S$# $#(0, (0, i.e. a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. . $he 'uestion of Constitutionality must be raised in the first instance, or at the earliest opportunity.
Sec. . JUDICIAL !"WER Sco#e$
1. -udicial power is the authority to settle justiciable controversies or disputes involvin! ri!hts that are enforceable and demandable before the courts of justice or the redress of wron!s for violations of such ri!hts. 2. 5ested in the Supreme Court and such lower courts as may be established by law. 3. Since the courts are !iven /judicial power and nothin! more, courts may neither attempt to assume or be compelled to perform non6 judicial functions. $hey may not be char!ed with administrative functions except when reasonably incidental to the fulfillment of their duties. . (n order that courts may exercise this power, there must exist the followin!"
1 An actual controversy with legally demandable and 2 #
enforceable rights! "nvolving real parties in interest! $he exercise of such power will bind the parties by virtue of the court%s application of existing laws
. -udicial power cannot be exercised in vacuum. 7ithout any laws from which ri!hts arise and which are violated, there can be no recourse to the courts. 8. $he courts cannot be as9ed for advisory opinions.
:. -udicial power includes"
1. he duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable! and 1. o determine whether or not there has been a grave abuse of discretion amounting to lack or e"cess of jurisdiction on the part of any branch or instrumentality of the government.
!olitical %uestions$
1. # /political 'uestion is one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their soverei!n capacity, or in which full discretionary authority has been dele!ated to a co6e'ual branch of the 0overnment. 2. $hus, while courts can determine 'uestions of le!ality with respect to !overnmental action, they cannot review !overnment policy and the wisdom thereof, for these 'uestions have been vested by the Constitution in the &xecutive and Le!islative epartments.
#rticle $
Section . &'e (udicial #owe) s'all *e vested in one Su#)e+e Cou)t and in suc' lowe) cou)ts as +a, *e esta*lis'ed *, law.
Judicial #owe) includes t'e dut, of t'e cou)ts of (ustice to settle actual cont)ove)sies involvin- )i-'ts w'ic' a)e le-all, de+anda*le and enfo)cea*le and to dete)+ine w'et'e) o) not t'e)e 'as *een a -)ave a*use of disc)etion a+ountin- to lac/ o) e0cess of (u)isdiction on t'e #a)t of an, *)anc' o) inst)u+entalit, of t'e 1ove)n+ent.