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Overview of Political Law Components

Political law has 7 components, including the study of government structure and constitutional law. The document then discusses the definition of judicial power under the Philippine constitution. It states that judicial power includes the duty of courts to settle legally demandable and enforceable controversies. It also includes determining if there is grave abuse of discretion amounting to lack of jurisdiction by any branch of government. This expanded definition of judicial power has diminished the political question doctrine by allowing courts to review cases involving political questions if grave abuse of discretion is alleged.

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Michelle Sy
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53 views2 pages

Overview of Political Law Components

Political law has 7 components, including the study of government structure and constitutional law. The document then discusses the definition of judicial power under the Philippine constitution. It states that judicial power includes the duty of courts to settle legally demandable and enforceable controversies. It also includes determining if there is grave abuse of discretion amounting to lack of jurisdiction by any branch of government. This expanded definition of judicial power has diminished the political question doctrine by allowing courts to review cases involving political questions if grave abuse of discretion is alleged.

Uploaded by

Michelle Sy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

POLITICAL LAW has 7 components:

1. Study of Political Law and structure of government.

2. Constitutional law, bill of rights and powers of the state.

3. Administrative law and law of public officers

4. Election law and Public Corporation

5. Public International Law

14:27Art.8 Sec.1. JUDICIAL POWER (definition)

-judicial power includes the duty of court of justice

This is not just a power, it is made by the constitution mandatorily to be performed by the court, so that if the court wish to remain faithful to the
constitution . the court oath to exercise that duty .Duty of the court of justice to settle controversy including rights which is legally demandable
and enforceable to determine whether there is grave abuse of discretion amounting to lack of jurisdiction on the part of any branch or
institution.16:09

NOTE: Under 1935 and 1978 constitution there was no definition of Judicial Power provided therein. The most relevant definition is that
JUDICIAL POWER SHALL BE VESTED IN THE SUPREME COURT AND LOWER COURT.

1ST PERAGRAPH DEFINITION

-the duty of the court to settle controversy that are legally demandable and enforceable. THIS IS THE TRADITIONAL CONCEPT OF
JUDICIAL POWER.

NOTE: whenever an act of government is question before the court (act of president act of congress/ admin. Agency). The usual defense invoke
by Solicitor General is to raise the POLITICAL QUESTION DOCTRINE.

-if the issue presented is POLITICAL QUESTION then the court is left with no option but to DISMISS the petition. That is the
Traditional Concept.

18:16 the duty of court of justice is to settle controversy involving questions that are demandable and enforceable.

2nd PARAGRAPH DEFINITION. (MAGIC PHRASE)

Grave abuse of discretion amounting to lack or excess of jurisdiction this is the EXPANDED POWER OF JUDICIAL REVIEW. (The duty
of the court to determined whether there is grave abuse of discretion..)

-because of this expanded power of JUDICIAL REVIEW the political question has been greatly diminished.

NOTE: If the question appears to be a political question for as long as there is sufficient allegation of GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF JURISDICTION. The court may still intrude to that question. This adversely affects the POLITICAL
QUESTION DOCTRINE because of THE EXPANDED POWER OF JUDICIAL REVIEW.

SC: Says that this, EXPANDED POWER OF JUDICIAL REVIEW is the EXTRAORDINARY POWER OF THE COURT. the duty of the
court to determine whether there is grave abuse of discretion..

POLITICAL QUESTION DOCTRINE 21:00

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