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Class Consti 2 - February 2, 2019 Requisites of Judicial Review

The document outlines the requisites of judicial review, including that there must be an actual case or controversy raised by the proper party at the earliest opportunity where the constitutional question is necessary to determine the case. It also states that judicial power includes settling actual controversies involving legally demandable rights and determining if any branch of government committed grave abuse of discretion amounting to lack of jurisdiction. The document lists two court cases and the first clause of Section 1 of the Bill of Rights regarding due process.

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Kristia Capio
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26 views1 page

Class Consti 2 - February 2, 2019 Requisites of Judicial Review

The document outlines the requisites of judicial review, including that there must be an actual case or controversy raised by the proper party at the earliest opportunity where the constitutional question is necessary to determine the case. It also states that judicial power includes settling actual controversies involving legally demandable rights and determining if any branch of government committed grave abuse of discretion amounting to lack of jurisdiction. The document lists two court cases and the first clause of Section 1 of the Bill of Rights regarding due process.

Uploaded by

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

Class Consti 2 – February 2, 2019

Requisites of Judicial Review

1. There must be an actual case or controversy;


2. The question of constitutionality must be raised by the property party;
3. The constitutional question must be raised at the earliest possible opportunity;
4. The decision of the constitutional question must be necessary to the determination of
the case itself.

Judicial power includes 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.
Memorize the Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws. –Due process clause
Luz vs Araneta
Ichong vs Hernandez

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