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political question n.

the determination by a court (particularly the Supreme Court) that an issue raised about the conduct of public business is a "political" issue to be determined by the legislature (including Congress) or the executive branch and not by the courts. Since 1960 the U. S. Supreme Court has been willing to look at some questions previously considered "political," such as "one-man-one-vote," as constitutional issues. justiciable n. referring to a matter which is capable of being decided by a court. Usually it is combined in such terms as: "justiciable issue," "justiciable cause of action," or "justiciable case."

Criminal Action The procedure by which a person accused of committing a crime is charged, brought to trial, and judged. Civil Action A lawsuit brought to enforce, redress, or protect rights of private litigantsthe plaintiffs and the defendantsnot a criminal proceeding. Court A judicial tribunal established to administer justice. An entity in the government to which the administration of justice is delegated. In a broader sense, the term may also refer to a legislative assembly; a deliberative body, such as the General Court of Massachusetts, which is its legislature. The words court, judge, or judges, when used in laws, are often synonymous. A kangaroo court is a mock legal proceeding that disregards law and justice by issuing a biased, predetermined judgment regardless of the evidence presented before it. udge To make a decision or reach a conclusion after examining all the factual evidence presented. To form an opinion after evaluating the facts and applying the law. A public officer chosen or elected to preside over and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides QUESTIONS OF LAW or discretion. Definition of Judicial Power The chief function of the judicial branch is the exercise of judicial power. Unlike the US Constitution, Sec. 1, par. 2, Art. VIII of the Philippine Constitution defines judicial power as "the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government." According to retired Supreme Court Justice Isagani Cruz in his book Philippine Political Law, this provision of the 1987 Constitution expanded the definition of judicial power by including not only the traditional exercise of judicial power - which is the settlement of conflicting legal rights - but also giving the judiciary the power to review the exercise of discretion by the political branches of government. Justice Cruz contends that the Supreme Court can now rule even on the wisdom of the president and congress's decision (political questions) if they are guilty of grave abuse of discretion.

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