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?
- Determine whether the selection complied with the constitutional limit rather than accepting a categorical political-question label
- Decline every dispute involving legislative selection
- Ask only whether the majority likes the selected members
- Assume every selection is unconstitutional
- 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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