Practice question
In an actual case properly before it, a court determines that an executive action exceeds constitutional limits. The Executive argues that separation of powers forbids courts from deciding any question involving another branch. Which response is best?
- The objection is correct because each branch has unlimited power in its own sphere.
- The objection is correct whenever the Executive invokes urgency.
- The objection is correct unless Congress consents to judicial review.
- The court thereby becomes the political superior of the Executive.
- The objection is incorrect because judicial resolution of constitutional boundaries is compatible with separation of powers.
Legal references
- Angara v. Electoral Commission, G.R. No. 45081, July 15, 1936, majority opinion, constitutional division of powers and judicial allocation of constitutional boundaries: https://lawphil.net/judjuris/juri1936/jul1936/gr_45081_1936.html
- 1987 Constitution, Article VI, Section 1; Article VII, Section 1; Article VIII, Sections 1 and 12: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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