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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIV. JUDICIAL DEPARTMENTB. Judicial Review2. Exceptionsa. Political Questions

Question

Exceptions to the Exercise of Judicial Review: Political Questions

Discuss the following scenarios and determine whether they fall under the category of political questions, which are generally considered non-justiciable, or if they can be subject to judicial review. Cite the applicable laws and jurisprudence to support your answer.

  1. During an election campaign, a candidate for public office publicly makes racist and discriminatory remarks against a specific ethnic group. Several individuals file a petition seeking to bar the candidate from running for office on the grounds of violating equal protection rights. Can the court assume jurisdiction over this case?
  2. The President enters into a treaty with a foreign country without the approval of the Senate, as required under the Constitution. A group of concerned citizens files a petition asking the court to declare the treaty invalid. Should the court entertain the petition or defer to the political branches?
  3. A law is passed by Congress that authorizes the warrantless surveillance of individuals suspected of engaging in terrorism activities. Several civil liberties organizations challenge the constitutionality of the law, arguing that it violates the right to privacy. Can the court review the law or is it a political question?
  4. A governor of a province, through an Executive Order, orders the forcible eviction of residents in a certain community to give way to the construction of a government project. The affected residents file a case before the court, claiming that their right to due process and just compensation has been violated. Can the court adjudicate on this matter?
  5. A legislation is enacted that grants immunity to incumbent government officials from any criminal prosecution while in office. A group of citizens initiates legal action, challenging the constitutionality of this law, arguing that it violates the principle of equality before the law. Should the court take cognizance of the case or defer to the political branches?



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Bar Review Question: Exceptions to the Exercise of Judicial Review: Political Questions Discuss the following scenarios