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    Consti Grave Abuse

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    mrspotter
    The document discusses the Grave Abuse Clause of the 1987 Philippine Constitution. It gives the Supreme Court the power to determine if any branch of government has committed a grave abuse of discretion amounting to lack or excess of jurisdiction. This clause was included to prevent another despotic regime from arising after the country experienced martial law. It aims to separate powers and prevent a few people from controlling national governance. The drafters unwittingly gave the Supreme Court the authority to disregard acts from the other branches if deemed a grave abuse of discretion, establishing judicial supremacy.

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    Consti Grave Abuse

    Uploaded by

    mrspotter
    76 views1 page
    The document discusses the Grave Abuse Clause of the 1987 Philippine Constitution. It gives the Supreme Court the power to determine if any branch of government has committed a grave abuse of discretion amounting to lack or excess of jurisdiction. This clause was included to prevent another despotic regime from arising after the country experienced martial law. It aims to separate powers and prevent a few people from controlling national governance. The drafters unwittingly gave the Supreme Court the authority to disregard acts from the other branches if deemed a grave abuse of discretion, establishing judicial supremacy.

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    The document discusses the Grave Abuse Clause of the 1987 Philippine Constitution. It gives the Supreme Court the power to determine if any branch of government has committed a grave abuse of discretion amounting to lack or excess of jurisdiction. This clause was included to prevent another despotic regime from arising after the country experienced martial law. It aims to separate powers and prevent a few people from controlling national governance. The drafters unwittingly gave the Supreme Court the authority to disregard acts from the other branches if deemed a grave abuse of discretion, establishing judicial supremacy.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views1 page

    Consti Grave Abuse

    Uploaded by

    mrspotter
    The document discusses the Grave Abuse Clause of the 1987 Philippine Constitution. It gives the Supreme Court the power to determine if any branch of government has committed a grave abuse of discretion amounting to lack or excess of jurisdiction. This clause was included to prevent another despotic regime from arising after the country experienced martial law. It aims to separate powers and prevent a few people from controlling national governance. The drafters unwittingly gave the Supreme Court the authority to disregard acts from the other branches if deemed a grave abuse of discretion, establishing judicial supremacy.

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    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

     

    Constitutional Kritarchy under the Grave Abuse Clause  


       
      by Theoben Jerdan C. Orosa Order this Issue | Subscribe

    We fear to grant power and we are unwilling to recognize it when it exists.


    - Mr. Justice Oliver Wendell Holmes
    INTRODUCTION

    It was not long ago when a “democratic” façade hid an exercise of power by only a few in the Philippine political
    system. The constitutional-authoritarianist rule that the country experienced during the Martial Law era remains a
    bleak reminder of the conquest of the Philippine masses by the power of stalwart political regimes. Come 1986,
    the political environment had an upheaval against this fastidious demagoguery. The illusion of constitutionalism
    could no longer sustain the felt necessities for a revolution in the political system. The Filipino people overthrew a
    dictator and instituted a new Constitution that would be the casket of authoritarianism.

    The ideals that fueled the commissioners who drafted this new Constitution were fears of another despot arising in
    future administrations. Drawing from the wisdom of political theory conceived from Polybius to Montesquieu, the
    Constitution was written with a dedicated intent — to enact a methodology by which despotism and arbitrary rule
    would be eliminated; a methodological separation of authority and a demarcation of powers to diffuse the hold of
    the few over national governance. So that, at last, the remains of authoritarianism will finally rest in a proper
      sepulcher.

    The drafters of the new Constitution thus knighted one of the three branches of government with the role of
    overseer and inserted in the very first section of Article VIII thereof, a new phraseology that would add to the role
    of the Supreme Court, aside from being a pacifier of societal conflicts. This was the power and authority “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.”

    This is the Grave Abuse Clause of the 1987 Constitution and this Clause gives the Supreme Court of the
    Philippines the power and authority to nullify acts of any branch or instrumentality of the Government that may be
    deemed as an act of grave abuse of discretion.

    When the drafters of the 1987 Constitution gave the Supreme Court the power to determine acts of grave abuse
    of discretion, they perhaps unwittingly handed the individuals who shall compose the Supreme Magistracy with
    the authority to disregard and nullify acts of the other branches of the Government that they may find to be acts
    within the contemplation of the Grave Abuse Clause. This authority is now recognized in modern legal theory and
    in Constitutional Law as the doctrine of judicial supremacy.

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