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Levanza, Ernest

Flexing a Little Muscle

There are three branches of government here in our country, the executive, legislative and judiciary. Each being supreme in their own sphere, the executive, who they say holds the sword, implements the laws of the land. The legislative, the bearer of the purse, enacts laws and allocates budget and of course the judiciary, the one who holds the shield protects the people from abuse and injustice. These three branches of government have their own vested powers as provided by the constitution. This type of government is similar to other countries like the United States of America. However, these 3 are branches of government who have to work together for the welfare of the public and order. Here, the concept of check and balance come in. The concept of checks and balance play when these different branches of government do not act fully by themselves. There should always be involvement of at least one more branch in order to see if there is no encroachment of the powers given. The concept of checks and balance is there to see that there is no existing grave abuse of discretion between the three branches of government. They have to work in harmony together to achieve one single purpose and that is a developing country. In this article, it showed to us how the judiciary of the United States interfered when there was a grave abuse of discretion. The paper focused on the case of Marbury vs. Madison and used the principles that they have realized that made clear the power of the court in circumstances of conflict between the branches of government.

The executive have failed in implementing them.The case of Marbury vs. the laws that were created. it prevailed over the enacted law made by congress. These virtues are evident in the constitution of every country. the law made by congress was questioned and the court recognizes the inconsistencies of the law and the constitution. Here. congress did not recognize such appointment and created a law that prohibited the appointment from being executory. outgoing president made a last minute appointment of a federal judge however. In this case. The legislative have been doing there job in creating laws however is seems that these laws created are to political in nature and the quality of laws are compromised. Such case has been used as a precedent case and patterned by many decisions of the United States with regard to judicial review. But will we be able to achieve such if the courts of our land remain passive? Maybe it’s time that the judiciary take a . However should these virtues remain passive? We have been having problems with the laws of our land. The constitution being the supreme law of the land. It has established what we now call the concept of judicial review. Every government has their own principles and virtues. and the executive power of the President to appoint. It is up to the judiciary to do their part in order to sustain the development our country so badly needs. there exists irreconcilable differences between the law and the constitution and the need to choose which of the two should prevail. John Adams. It is now up to the judiciary to decide the case at hand and be the final arbiter of cases such as these. The two branches of government came into conflict with each other. Madison is a landmark case in the United States that defined the powers of the Supreme Court. Here.

. These. It is the duty of the Supreme Court to guard the rights and the provisions of the constitution. Should the courts of the Philippines. They need to take an active position in protecting the virtues of our land by deciding on more cases that seem to be questionable. led by Justice Corona may be taking a more aggressive approach because there are plenty of laws that he questions and try and decide on it. We have tried many options that will help push our country forward. If such virtues are being violated. provided by the constitution should be well manifested in the laws created by congress and other presidential acts made by the executive department. The need to revitalize the Philippine Supreme Court is evident. Let’s do this. most especially the Supreme Court take a stand on matters concerning the laws of the land. it’s time to flex our muscles. There are plenty of laws that people fail to foresee because of their lack of knowledge. maybe the stepping stone to a progressive nation is within the powers of the judiciary. I do not know if this is merely political but the Supreme Court seem to be a little aggressive about things these days.step forward and take a somewhat more of an aggressive approach. The virtues of our land. I believe are the actions we need to expect from the Supreme Court. it seems that the Supreme Court of the Philippines. the Supreme Court should know what to do and initiate proceedings in order to find out its constitutionality. this is one option that our country should not take for granted. When there is a need to question such constitutionality. the Supreme Court should not hesitate to question such acts or laws. Today. One option that people fail to realize.