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USC JD EH 410
In which from the word power it is expected that the judiciary has the
discretion to exercise this power or not; however, it is explicitly mentioned in
the same section that this power is also a duty:
Judicial power includes judicial review. It was in the landmark case of the
United States: Marbury v. Madison, where the power of the courts to review
acts of the executive and the legislature and their accord to the Constitution,
were affirmed.
Both the executive and legislative branches are chosen by the people through
popular vote; in which democracy is evident because the will of the people is
manifested. However, the judiciary is but chosen by the President; and
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http://www.gov.ph/about/gov/
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Section 1 Article 8 of the 1987 Constitution
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although theoretically believed to be competent interpreters of law, are still
subject to their own interests and biases. Consequently, this paper aims to
answer the following:
The concept of democracy has been a very fluid one across sovereignties that
ascertaining its definition would be difficult. Demokratia come from the
Greek wordsdemos and kratos. Demos meaning people, and kratos meaning
power would signify that the strictest meaning of democracy is power of the
people; and having been set in Ancient Greece, people would pertain to the
male adult residents of the polis. Each male adult was to participate in politics
and engage in debates in the Parthenon. As population permitted then, the
concept of direct democracy was formulated. Athenians did not have to elect
representatives to voice out their opinions since everyone could be heard and
even encouraged to be heard in their debates.
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Eastern R. Conference v Noerr Motors, 365 US 127 - Supreme Court 1961
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http://sc.judiciary.gov.ph/jurisprudence/1996/jun1996/120295_puno.htm
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The Undemocratic Character of Judicial Review
Thomas Jefferson, although the Marbury v Madison case was in his favor,
contested the power of the judiciary to judicial review. He stated in a letter,
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http://www.internationaldemocracywatch.org/index.php/tools/the-international-democracy-macro-
indicators
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JUDICIAL REVIEW
DEMOCRACY 1. Appointment
1. Appointment (Members of judiciary are
appointed.)
(are its members directly
elected?)
2. Power Limitation
2. Power Limitation (there is a separation of
(separation of powers, powers, but judicary may
checks and balances) conduct judicial review that
"nullify" acts of other
branches)
Figure 1
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The Democratic Character of Judicial Review
This too is supported by Justice Sereno, in his dissenting opinion in the case
of League of Cities v COMELEC, by stating that,
In the issue of the nullifying and invalidating acts of the other branches despite
being unelected officials, Dean Joan Largo of the University of San Carlos
states that,
The power of judicial review does not nullify or invalidate acts of legislature,
it only asserts its solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of authority. 9Therefore, judicial
review, does not in any way uphold the supremacy of the judicial branch, but
the Constitution. 10
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http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3158&context=fss_papers
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See also League of Cities of the Philippines v. Commission On Elections, G.R. No. 176951
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Constitutional Law 1 Lecture, July 2014, see also Tanada v Cuenco G.R. No. L-10520, February 28, 1957
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Ibid., 2014
10
ibid., 2014
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