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

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...

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Main Author: Kintanar, Philip Tomas V.
Format: text
Language:English
Published: Animo Repository 2015
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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
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Institution: De La Salle University
Language: English
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spelling oai:animorepository.dlsu.edu.ph:etd_masteral-134472023-06-21T06:50:05Z A study on the application of the Supreme Court's power of judicial review Kintanar, Philip Tomas V. 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. 2015-01-01T08:00:00Z text application/pdf https://animorepository.dlsu.edu.ph/etd_masteral/6374 https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13447/viewcontent/KINTANAR__PT__JD_Thesis2.pdf Master's Theses English Animo Repository Judicial review—Philippines Separation of powers—Philippines Courts
institution De La Salle University
building De La Salle University Library
continent Asia
country Philippines
Philippines
content_provider De La Salle University Library
collection DLSU Institutional Repository
language English
topic Judicial review—Philippines
Separation of powers—Philippines
Courts
spellingShingle Judicial review—Philippines
Separation of powers—Philippines
Courts
Kintanar, Philip Tomas V.
A study on the application of the Supreme Court's power of judicial review
description 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.
format text
author Kintanar, Philip Tomas V.
author_facet Kintanar, Philip Tomas V.
author_sort Kintanar, Philip Tomas V.
title A study on the application of the Supreme Court's power of judicial review
title_short A study on the application of the Supreme Court's power of judicial review
title_full A study on the application of the Supreme Court's power of judicial review
title_fullStr A study on the application of the Supreme Court's power of judicial review
title_full_unstemmed A study on the application of the Supreme Court's power of judicial review
title_sort study on the application of the supreme court's power of judicial review
publisher Animo Repository
publishDate 2015
url https://animorepository.dlsu.edu.ph/etd_masteral/6374
https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13447/viewcontent/KINTANAR__PT__JD_Thesis2.pdf
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