Philippine Bar review · Question

Practice question: Separation of Powers

Multiple Choice Medium Jurisprudence

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?
  1. The objection is correct because each branch has unlimited power in its own sphere.
  2. The objection is correct whenever the Executive invokes urgency.
  3. The objection is correct unless Congress consents to judicial review.
  4. The court thereby becomes the political superior of the Executive.
  5. 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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