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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ IV. JUDICIAL DEPARTMENT ▸ B. Judicial Review ▸ 2. Exceptions ▸ a. Political Questions

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Question

Exceptions to the Doctrine of Political Questions

Scenario 1:

The President of the Philippines decides to unilaterally declare a state of emergency and suspends the writ of habeas corpus. As a concerned citizen, you question the constitutionality of this action and decide to file a petition before the Supreme Court.

Discuss the possible exceptions to the political question doctrine that may allow the Supreme Court to exercise jurisdiction over your petition.

Scenario 2:

A controversial bill seeking to criminalize fake news is passed by Congress and signed into law by the President. Several individuals and media organizations challenge the constitutionality of this law, arguing that it violates the freedom of expression guaranteed by the Constitution.

Explain the exceptions to the political question doctrine that may permit the courts to review and render judgment on the constitutionality of this law.

Scenario 3:

A territorial dispute arises between the Philippines and a neighboring country over a group of small islands in the West Philippine Sea. The Philippine government engages in diplomatic negotiations and explores various diplomatic avenues to resolve the issue peacefully. However, no resolution is reached, and tensions escalate.

Discuss the possible exceptions to the political question doctrine that would allow the courts to intervene and adjudicate the dispute between the two countries.


Answer

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