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Unformatted text preview: judicial power be shared? Q: Distinguish justiciable questions from political questions. A: No. The US SC declared that judicial power cannot be shared, as the powers of the legislature and executive cannot also thereby be shared. (US v. Nixon, 418 US 683 41 Led 2d 1039, 94 SC t 3090, 1974) A: Q: What is the power of judicial inquiry? JUSTICIABLE QUESTIONS Imply a given right legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right POLITICAL QUESTIONS Questions which involve the policy or the wisdom of the law or act, or the morality or efficacy of the same. Generally it cannot be inquired by the courts. Further, these are questions which under the Constitution: a. Are decided by the people in their sovereign capacity; and b. Where full discretionary authority has been delegated either to the executive or legislative department. Q: How does the definition of judicial power under the present Constitution affect the political question doctrine? A: The 1987 Constitution expands the concept of judicial review. Under the expanded definition, the Court cannot agree that the issue involved is a political question beyond the jurisdiction of the court to review. When the grant of power is 58 A: It is the power of the court to inquire into the exercise of discretionary powers to determine whether there is grave abuse of discretion amounting to lack or excess of jurisdiction. It is the power of the court to determine the validity of government acts in conformity with the Constitution. b. JUDICIAL REVIEW Q: What is the power of judicial review? A: The power of the SC to declare a law, treaty, ordinance and other governmental act unconstitutional. Q: What are the requisites of judicial review? A: 1. Actual case – an existing case or controversy which is both ripe for resolution and susceptible of judicial determination, and that which is not conjectural or anticipatory, or that which seeks to resolve hypothetical or feigned constitutional...
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