Вы находитесь на странице: 1из 1

Midterms exam will be on August 16.

The Constitution strengthen the


language. W/ there is a grave abuse of
discretion or w/n they acted with
their jurisdiction
It limits the political question defense

Concepcion 1986
Its not just a grant of power but it also
gave duty on the part of the court
It limits the acceptance of political
question as a defense
Political
Reserve for sovereign people,
exclusively of the jurisdiction of
another branch. Only in these cases
the SC will not intervene.
With the matter of transcendental
importance the court will take
cognizance.
There are safeguards provided by the
court
1. there is an actual case
controversy
2. standing
3. earliest opportunity
4. lis mota

the SC is the only branch of govt that
can check if there is an lack or excess
power on the other branch of the govt.

there are some cases that it seem so
difficult.
Who might have stand.no one---no
right of person was violated.

Facial challenge-when a person has no
standing and will ask the
constitutionality of the statute.

ESTRADA VS SANDIGANBAYAN
-in order to prevent the trial he filed a
facial challenge

IMBONG VS OCHOA
THE SC ignored the facial challenge
issue.
RPRH LAW not yet implemented and
not suffered a direct injury.

FACIAL CHALLENGE-on its face.
Apply it when the constitutionality is
plain and the injury is to sweeping.
-limited on application. Cannot be use
in every case where ever
challenge the strict scrutiny. Burden
now shift to the state.
Protected rights. Religion, speech,
expression.
Regulation is legally and
constitutional

LISMOTA-2 ways
Proper case
Due course


Apportionment-laws to create new
districts.
To create new province
1. legislative
2. all the persons who are
affected

Вам также может понравиться