Practice question
In an actual controversy properly before a court, an agency claims that separation of powers prevents review of whether it gravely abused its discretion in implementing a statute. Which response is correct?
- Courts must defer whenever an agency invokes executive power
- Judicial power includes determining grave abuse amounting to lack or excess of jurisdiction by any government branch or instrumentality
- Only the President may determine executive grave abuse
- Courts may review only ordinary clerical errors
- A congressional committee must first give permission for judicial review
Legal references
- 1987 Constitution, Article VIII, Section 1. https://lawphil.net/consti/cons1987.html
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