Judicial Review In Philippines

Summary

Judicial review in the Philippines empowers courts to evaluate the constitutionality of laws and acts. Lower courts can declare laws unconstitutional within specific cases, but only the Supreme Court has the final authority nationwide. Justiciable controversies involve real disputes suitable for court review. Legal standing requirements differ when public fund disbursement is involved, allowing taxpayers broader standing to challenge government expenditures.

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may lower court declare a law unconstitutional since a division of the Supreme Court has no authority to do so?
Lower courts in the Philippines can declare a law unconstitutional, but only within the context of the cases they handle. However, this declaration is not binding on other courts or cases. Only the Supreme Court has the final say on the constitutionality of laws nationwide.
Is there a particular law or situation you are concerned about?
Lower courts in the Philippines can declare a law unconstitutional, but only within the context of the cases they handle. so they can say its uncons?
Yes, lower courts in the Philippines can declare a law unconstitutional, but this is limited to the specific case they are handling. Such a declaration is not binding on other cases or courts. Only the Supreme Court has the final authority to declare a law unconstitutional nationwide.
Is there a specific case or law you are concerned about in Cordillera?
Distinction of judicial power and judicial review
Judicial Power:
- The authority vested in courts to interpret and apply the law in legal cases.
- Includes jurisdiction over civil, criminal, and administrative cases.
Judicial Review:
- Specific power of courts to assess the constitutionality of legislative acts, executive orders, and administrative regulations.
- Ensures laws and acts comply with the Constitution.
Are you dealing with a particular case or law in Cordillera that involves these concepts?
justiciable controversy?what is it
A justiciable controversy refers to a real and substantial dispute that is appropriate for court review, as opposed to a hypothetical or academic issue. It requires the following elements:
- An actual, present dispute between parties.
- The conflict must involve legal rights and obligations.
- The issue must be appropriate for judicial resolution.
Are you dealing with a specific legal issue or dispute in Cordillera that you think might be a justiciable controversy?
is there a difference as to the personality requirement i the law being questioned involves disbursment of public funds and when it does not?
When it comes to disbursement of public funds, the personality requirement (legal standing) to bring a case may be broader. Here are the key points:
- Disbursement of Public Funds: Taxpayers generally have standing to question the legality of government expenditure.
- No Disbursement of Public Funds: The petitioner must show direct and personal injury.
Are you dealing with a specific case involving public funds in Cordillera?