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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIV. JUDICIAL DEPARTMENTD. Appointments to the Judiciary1. Qualifications - 1987 Constitution, Art. VIII, sec. 7

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Question

Appointments to the Judiciary: Qualifications

Assuming the role of a legal consultant, analyze the following scenario and answer the question that follows:

Scenario:

Justice Hernandez, a respected member of the legal community, has recently retired from the Supreme Court after serving for 20 years. The President, who appreciates Justice Hernandez's expertise and integrity, is considering appointing him as the new Chief Justice.

Question:

Can Justice Hernandez be appointed as the Chief Justice despite his retirement from the Supreme Court? Explain the relevant provisions of the 1987 Constitution, particularly Article VIII, Section 7, regarding the qualifications for appointing members of the Judiciary.


Answer

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