"seven pillars" of the limitations of the power of judicial review

Demetria v. Alba13 and Francisco v. House of Representatives14 cite the "seven pillars" of the limitations of the power of judicial review, enunciated in the concurring opinion of U.S. Supreme Court Justice Louis Brandeis in Ashwander v. Tennessee Valley Authority15 as follows:

1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding, declining because to decide such questions "is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act." x x x.

2. The Court will not "anticipate a question of constitutional law in advance of the necessity of deciding it." x x x. "It is not the habit of the Court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case."

3. The Court will not "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied." x x x.

4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter.

x x x.

5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation. x x x. Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right. Thus, the challenge by a public official interested only in the performance of his official duty will not be entertained. x x x.

6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits. x x x.

7. "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided." (Citations omitted, emphases supplied)

These are specific safeguards laid down by the Court when it exercises its power of judicial review. Thus, as a threshold condition, the power of judicial review may be invoked only when the following four stringent requirements are satisfied: (a) there must be an actual case or controversy; (b) petitioners must possess locus standi; (c) the question of constitutionality must be raised at the earliest opportunity; and (d) the issue of constitutionality must be the lis mota of the case.16