Wednesday, January 12, 2011

The Power of Judicial Review

"When the Supreme Court invokes its power of judicial review, it does not assert its moral ascendancy over the other co-equal branches of government. It only reminds all and sundry of the non-negotiable supremacy of the constitution."
The power of judicial review is not an exercise in dominance by the Court or interference in the affairs of other branches of government, the constitution vested the Court the power to review the actions of co-equal branches of government for the purpose of checking transgressions on the constitution. The Judiciary cannot ignore its duty as vanguard of constitutionalism and the rule of law in our system of government.
While the Judiciary may not have either the power of the sword as wielded by the Executive or the purse as controlled by Congress, it wields the power of the pen or the authority to interpret the constitution and the laws. The power of judicial review is the means established by the constitution to preserve the peace and stability of our political system so that the possibility of a constitutional crises or clash of powers may be avoided.
(Chief Justice Renato C. Corona, on the occasion of PHILCONSA's 49th anniversary)

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