Indiscriminate suits against the state challenges its supposedinfallibility.b.
Indiscriminate suits divert the time and resources of the State fromthe more pressing matters.
Distinguish between Justiciable and Political Question.TopicChapter 6: Separation of PowersSuggested Answer:
Justiciable Question may be distinguished from Political Question as follows:1.
The former questions the validity or legality of a particular measure orcontested act, while the latter, questions its wisdom, efficacy orpracticability.2.
More specifically, the former implies a given right, legally demandable andenforceable, an act or omission violative of such right, and a remedygranted and sanctioned by law, for said breach of right. It is a questionwhich does not involve an encroachment upon the legislative or executivepower. While the latter, is one which, is to be decided by the people intheir sovereign capacity, or in regard to which full discretionary authorityhas been delegated to the legislative or executive branch of thegovernment; and3.
Since the former is a question that does not involve an encroachment uponthe legislative or executive power, it is one which is proper to be examinedor decided in courts of justice. While in the latter, since it is one whichinvolves full discretionary authority delegated to the legislative andexecutive branch, the judicial department have no jurisdiction over thesematters in order to avoid encroachment upon its other co-equal branch of government.
Define the Principle of Checks and Balances. How does each branch of government checks its other co-equal branches and vice versa?