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    What Is A Political Question Judicial Review

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    alm27ph
    A political question is an issue that deals with the necessity, expediency or wisdom of a particular act, which is not justiciable. It refers to questions that are closely associated with the wisdom rather than the legality of an act. Political questions also refer to those that people answer in their sovereign capacity or those under the full discretion of the executive or legislative branch. The judiciary enjoys fiscal autonomy under the 1987 Constitution, as appropriations for the judiciary may not be reduced by the legislature below the previous year's amount and shall be automatically released upon approval. The 3-fold functions of judicial review are the legitimizing function, checking function, and symbolic or educational function.

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    What Is A Political Question Judicial Review

    Uploaded by

    alm27ph
    99 views1 page
    A political question is an issue that deals with the necessity, expediency or wisdom of a particular act, which is not justiciable. It refers to questions that are closely associated with the wisdom rather than the legality of an act. Political questions also refer to those that people answer in their sovereign capacity or those under the full discretion of the executive or legislative branch. The judiciary enjoys fiscal autonomy under the 1987 Constitution, as appropriations for the judiciary may not be reduced by the legislature below the previous year's amount and shall be automatically released upon approval. The 3-fold functions of judicial review are the legitimizing function, checking function, and symbolic or educational function.

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    What is a Political Question Judicial Review

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    A political question is an issue that deals with the necessity, expediency or wisdom of a particular act, which is not justiciable. It refers to questions that are closely associated with the wisdom rather than the legality of an act. Political questions also refer to those that people answer in their sovereign capacity or those under the full discretion of the executive or legislative branch. The judiciary enjoys fiscal autonomy under the 1987 Constitution, as appropriations for the judiciary may not be reduced by the legislature below the previous year's amount and shall be automatically released upon approval. The 3-fold functions of judicial review are the legitimizing function, checking function, and symbolic or educational function.

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    © All Rights Reserved
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    99 views1 page

    What Is A Political Question Judicial Review

    Uploaded by

    alm27ph
    A political question is an issue that deals with the necessity, expediency or wisdom of a particular act, which is not justiciable. It refers to questions that are closely associated with the wisdom rather than the legality of an act. Political questions also refer to those that people answer in their sovereign capacity or those under the full discretion of the executive or legislative branch. The judiciary enjoys fiscal autonomy under the 1987 Constitution, as appropriations for the judiciary may not be reduced by the legislature below the previous year's amount and shall be automatically released upon approval. The 3-fold functions of judicial review are the legitimizing function, checking function, and symbolic or educational function.

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    © All Rights Reserved
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    72. What is a political question?

    In

    ALMARIO VS. ALBA, 127 SCRA 6, it was defined as a question which deals

    with the necessity, expediency and wisdom of a particuar act, the same is political and
    not justifiable.
    In Sanidad vs. Comelec, 73 SCRA 333, political questions was defined as questions
    which are neatly associated with the wisdom, not the legality of a particular act. Where
    the vortex of the controversy refers to the legality or validity of the contested act, the
    matter is definitely justiciable or non-political.
    In Tanada vs. Cuenco, 103 Phil., political question was defined as questions to be
    answered by the people in their sovereign capacity or in regard to which full
    discretionary authority is vested to the executive or legislative branch of the
    government.
    Or in Gonzales vs. COMELEC, 21 SCRA 774 , when the crux of the problem deals with
    the wisdom of an act, it is political).
    73. What is the extent of the fiscal autonomy granted to the judiciary under
    the 1987 Constitution?
    As provided under Section 3, At. VIII, the judiciary shall enjoy fiscal autonomy and as
    such appropriations for the judiciary may not be reduced by the legislature below the
    amount appropriated for the previous year and, after approval, shall be automatically
    and regularly released.
    77. What are the 3-fold Functions of Judicial Review?
    These are the:
    1) legitimizing function
    2) checking function
    3)

    symbolic or educational function

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