Practice question
A litigant concedes that a program is authorized, constitutionally compliant and free from grave abuse, but asks a court to choose it over another program solely because it seems wiser. What concern does the political-question doctrine most directly raise?
- The litigant has proven constitutional invalidity
- Every policy disagreement automatically confers judicial power
- The court must draft the entire budget
- The request seeks substitution of political policy judgment rather than resolution of an identified legal defect
- The program becomes criminal because a court is asked to review it
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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