Philippine Bar review · Question

Practice question: Political Question Doctrine

Multiple Choice Hard

Practice question

A constitutional provision limits an institution's discretion in selecting members of a public tribunal. In a proper case, challengers identify a completed selection that allegedly violates that limit. The institution insists that all selection decisions are political and therefore immune, without addressing the constitutional restriction. Which approach best reflects Tañada's reasoning?
  1. Determine whether the selection complied with the constitutional limit rather than accepting a categorical political-question label
  2. Decline every dispute involving legislative selection
  3. Ask only whether the majority likes the selected members
  4. Assume every selection is unconstitutional
  5. Transfer the decision to a private association

Legal references

  • 1987 Constitution, Article VIII, Section 1: https://lawphil.net/consti/cons1987.html
  • Tañada v. Cuenco, G.R. No. L-10520, February 28, 1957, main opinion on political versus legal questions: https://lawphil.net/judjuris/juri1957/feb1957/gr_l-10520_1957.html

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