Sunday, July 13, 2014

state the essential requisites for judicial review

Essential Requisites for Judicial Review
As clearly stated in Angara v. Electoral Commission, the courts' power of judicial review, like almost all powers conferred by the Constitution, is subject to several limitations, namely:
 (1) an actual case or controversy calling for the exercise of judicial power;
 (2) the person challenging the act must have "standing" to challenge; he must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement; 
(3) the question of constitutionality must be raised at the earliest possible opportunity; and
 (4) the issue of constitutionality must be the very lis mota of the case.
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