Practice question
A regulation is challenged in a concrete case. The challengers concede that it lies within lawful discretion and identify no grave abuse or other legal defect, but ask judges to replace it with a policy the judges believe more efficient. They invoke expanded judicial power as a general mandate to choose the best government policy. Which answer is best?
- Expanded judicial power makes every policy a judicial draft
- Courts must substitute their preference whenever efficiency is argued
- Judicial power concerns legal controversies and constitutional limits, not routine replacement of lawful policy discretion
- The most efficient policy is automatically the only constitutional one
- The court must conduct an election to settle the case
Legal references
- 1987 Constitution, Article VIII, Section 1: https://lawphil.net/consti/cons1987.html
- Integrated Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, main opinion on grave-abuse review: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338
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