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.
By at
Subscribe to: Post Comments (Atom)

THIRD DIVISION [ G.R. No. 235658, June 22, 2020 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED-APPELLANT.

  THIRD DIVISION [ G.R. No. 235658, June 22,  2020  ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED...

  • REGALIAN DOCTRINE
    But first, a peek at the Regalian principle and the power of the executive to reclassify lands of the public domain. The 1935 Constitution ...
  • jure gestionis or jure imperii.
    As expressed in Section 2 of Article II of the 1987 Constitution, we have adopted the generally accepted principles of International Law. ...
  • COMMAND RESPONSIBILITY/YAMASHITA STANDARD/ MEDINA STANDARD
    Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountabili...