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

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

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