Practice question
A legislature exercises authority subject to an express constitutional limit. In a concrete, otherwise proper case, the court is asked only to decide the meaning and compliance with that limit. Respondents say any judicial answer is forbidden interference because only political branches may read the Constitution. Which response follows Tañada and Article VIII?
- Only legislators may interpret constitutional limits in every setting
- The legislature may erase the limit by majority resolution
- Constitutional language becomes nonbinding whenever politics is involved
- Judges must decide the matter by party loyalty
- Adjudicating compliance with a binding constitutional limit is a judicial function, subject to the proper-case requirements
Legal references
- Tañada v. Cuenco, G.R. No. L-10520, February 28, 1957, main opinion: https://lawphil.net/judjuris/juri1957/feb1957/gr_l-10520_1957.html
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VIII, Section 1.
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