A study on the application of the Supreme Court's power of judicial review

• Main Author: Kintanar, Philip Tomas V.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Judicial review—Philippines; Separation of powers—Philippines; Courts
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6374; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13447/viewcontent/KINTANAR__PT__JD_Thesis2.pdf
• Institution: De La Salle University

This paper aims to study, review, analyze and reflect on the application of the Supreme Court’s power of judicial review. As can be seen in various jurisprudence, there are instances where the Court has refused to exercise this power over some cases, yet chose to rule upon others involving political questions. This paper argues the Article VIII of the 1987 Constitution that mandates the court to make a determination over abuse of discretion, compromises the intent and spirit of the principle of Separation of Powers, similarly upheld by the Constitution. This will look at the various requisites in cases when the Supreme Court looks into issues referred to it for review. It further aims to reflect on the power of judicial review and the limitations intended by the framers of the Constitution in regard to the Supreme Court’s power of judicial review. The framers of the Constitution intended the Supreme Court, in its exercise of its power of judicial review, should still respect the doctrine of separation of powers and act accordingly as a co-equal branch of the Executive and the Legislative.