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Judicial Review

The power of the Supreme Court to determine the


constitutionality of a law, treaty, ordinance, presidential
issuance, and other governmental acts

Note : When the judiciary mediates to allocate boundaries, it


does not assert any superiority over other departments; it does
not in reality nullify or invalidate an act of the legislature, but
only asserts the solemn and sacred obligation assigned to it by
the Constitution to determine conflicting claims of authority
under the constitution and to establish for the parties in an
actual controversy the rights which that instrument secures and
guaranteed to them.

POLITICAL QUESTIONS
Those questions which, under the Constitution, are to be
decided by the people in their sovereign capacity, or in regard
to which full discretionary authority has been delegated to the
legislative or executive branch of the government.
POLITICAL
QUESTIONS

Involve the policy or the wisdom of the law or act, or the


morality or efficacy of the same. Generally, it cannot be
inquired by the courts. Further, these are questions which
under the Constitution:

a. are decided by the people in their sovereign


capacity; and

b. where full discretionary authority has been delegated by the


Constitution either to the executive or legislative department.

JUSTICIABLE
QUESTIONS

Imply a given right legally demandable and enforceable, an act


or omission violative of such right, and a remedy granted and
sanctioned by law for said breach of right.

call upon the duty of the courts to settle actual controversies


wherein there are rights (property or personal rights) involved
which are legally demandable and enforceable.

It is one which is proper to be examined or decided in courts of


justice because its determination would not involve an
encroachment upon the legislative or executive power.

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