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Justiciable and Political Questions

Justiciable and Political Questions

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Published by Franco Lacandalo

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Published by: Franco Lacandalo on Jul 16, 2012
Copyright:Attribution Non-commercial

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05/13/2014

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  Justiciable and Political Questions Justiciable Question
 
Includes the duty to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branchor instrumentality of the Government
 
 
The controversy refers to the legality or validity of the contested act
 
Ensured the proper observance of the norms of action prescribed by theconstitution
 
Example: If the constitution provides how it may be amended, the judiciary as theinterpreter of that Constitution, can declare whether the procedure followed orthe authority assumed was valid or notPolitical Question
 
Refers to those questions which, under the constitution, are to be decided by thepeople in their sovereign capacity; or in regard to which full discretionaryauthority has been delegated to the legislative or executive branch of thegovernment
 
It is concerned with issues dependent upon the wisdom, not the legality of aparticular act
 
 
Example: Suspension or Expulsion of a member of the Congress must be based
upon the ground of “
disorderly behavior 
” and concurred in by at least two
-thirdsof his colleagues.
 
Impeachment proceedings are political in nature and can only be resolved by thelegislators themselves in the exercise of their discretion.In GeneralIt is not clear, however, what discretionary acts are subject to judicial review, outsideof those specifically mentioned in the Constitution, and what acts remain prerogativesof the political departments that, even with the said enlargement of judicial power,cannot be examined by the courts of justice.In application

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