Con-com mulls SC adoption of Europe’s power to review measures | Inquirer News

Con-com mulls SC adoption of Europe’s power to review measures

By: - Reporter / @JhoannaBINQ
/ 03:43 PM March 20, 2018
Supreme Court facade

Supreme Court facade (File photo from the Philippine Daily Inquirer)

The Consultative Committee to Review the 1987 Constitution (Con-com) was mulling over the inclusion of the power of judicial preview for the Supreme Court (SC) under the draft federal Constitution, its chairman said Tuesday.

Chief Justice Reynato Puno said that judicial preview, or the power to review measures before its enactment or implementation, is part of addressing the weaknesses of the presidential system.


He said that this is “not a novel idea,” as it is already being practiced in France and Germany.

Puno said that Con-com has yet to decide in the coming weeks which model would be adopted, but noted that some members are pushing for the creation of a Constitutional court.


“There is the suggestion that we allow the Supreme Court to take jurisdiction on, to follow the French model, where the Court is called the council,” he said in a press briefing.

“I do not know which model will be adopted or whether we’ll stick to the rule that the Supreme Court cannot give advisory opinions,” he added.

Under the French model, judicial preview is applied before the enactment of certain measures by the Congress. Here, the court, called the Council, is composed of Constitutional experts and not generalists, which is currently what makes up the Philippine Supreme Court.

Under the German model, on the other hand, the power is applied after the measure’s enactment and before its implementation.

The Supreme Court, under the current set-up, can only review a law once it is asked to review its constitutionality. /jpv


Con-com panel wants to require college degree for Senate, House elective posts

Read Next
Don't miss out on the latest news and information.

Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Call 896 6000.

TAGS: Con-Com, judicial preview, SC
For feedback, complaints, or inquiries, contact us.

Subscribe to our daily newsletter

© Copyright 1997-2022 | All Rights Reserved

We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link.