Bersamin shares two-pronged approach to solving issues

When it comes to issues on the environment and human rights, newly appointed Chief Justice Lucas Bersamin said he is more of a judicial activist.

But in matters concerning the executive and legislative branches of government, his philosophy leans more on judicial restraint.

Judicial activism and judicial restraint are two opposite approaches in the judiciary.

Judicial activism is the interpretation of the constitution or the laws to advocate certain values and conditions. The court exercises its power to correct injustices and formulate policies that will protect individual rights.

Judicial restraint, on the other hand, means trying to limit its powers in striking down certain actions of the other branches of government unless it is necessary. The aim in exercising restraint is to maintain balance and harmony among the three branches of government — executive, legislative and the judiciary.

“If there is a presumption of validity in favor of government action — executive or legislative action, then, I am on the side of judicial restraint…I happen to believe that the three branches [of government] should work together and respect each other’s boundaries,” Bersamin said.

The new magistrate vowed to protect the employees and judges of the judiciary but said they are alert on erring members.

President Rodrigo Duterte’s relationship with the judiciary started to sour after former Chief Justice Maria Lourdes Sereno stood by the judges identified by Duterte as among those involved in drugs, one of whom was already long dead when the President mentioned him.

Sereno told the judges not to ‘surrender’ but ordered an investigation.

On a similar possible scenario, Bersamin refused to give a definite answer because he said it would be on a case to case basis.

But he assured that “the Supreme Court is always alert, vigilant of the rights of judges and employees of the Judiciary because we are head of the Judicial system and we will not allow our judges to be intimidated if there was no basis for accusing them of drug protection. /ee

READ: Sereno writes Duterte, airs concern over naming officials, judges

READ: Sereno defends judges tagged in Duterte drug list