Judges Chapter 15 of Heywood’s Politics, 4th edition
Sunday, November 27, 2016
Imagine playing a game without rules...
Sunday, November 27, 2016
Imagine playing a game without rules... We need rules to play games,
Sunday, November 27, 2016
Imagine playing a game without rules... We need rules to play games, just as we need a constitution to play
Sunday, November 27, 2016
Imagine playing a game without rules... We need rules to play games, just as we need a constitution to play the game of politics.
Sunday, November 27, 2016
RULES
Sunday, November 27, 2016
RULES
• written (formal; legal; enshrined in laws)
Sunday, November 27, 2016
RULES
• written (formal; legal; enshrined in laws)
• unwritten (informal; customary or conventional; embodied in customs or traditions)
Sunday, November 27, 2016
What is constitution? Broadly...
Sunday, November 27, 2016
What is constitution? Broadly...
• a set of rules (written or unwritten)
Sunday, November 27, 2016
What is constitution? Broadly...
• a set of rules (written or unwritten)
• power map (duties, powers and functions of institutions)
Sunday, November 27, 2016
What is constitution? Broadly...
• a set of rules (written or unwritten)
• power map (duties, powers and functions of institutions) • regulator
Sunday, November 27, 2016
What is constitution? Broadly...
• a set of rules (written or unwritten)
• power map (duties, powers and functions of institutions) • regulator • defines the relationship between the state and the individual
Sunday, November 27, 2016
Narrowly,
• a single authoritative document that
contains the highest law in the land
Sunday, November 27, 2016
Types of Constitutions • form (written or unwritten; codified or uncodified) • the ease with which the constitution can be changed (rigid or flexible) • is it observed in practice? (effective, nominal, or facade constitution) • content of the constitution(monarchical, republican, federal or unitary, presidential or parliamentary)
Sunday, November 27, 2016
Functions of a constitution
• empowers states and gives them formal jurisdiction (for international
recognition; hence, accompanies the creation of new states) • establishes unifying values and goals (what does this mean?) • provides government stability (through its institutional blueprints or power map) • protects freedom (constrains government in order to protect individuals... from what?) • legitimizes regimes (to exact compliance among the domestic population) • provides political stability, limits government and guarantees rights and freedoms (p. 340)
Sunday, November 27, 2016
Law
Sunday, November 27, 2016
Law • relationship between law and morality
Sunday, November 27, 2016
Law • relationship between law and morality • role of law?
Sunday, November 27, 2016
Law • relationship between law and morality • role of law? • rule of law?
Sunday, November 27, 2016
Law • relationship between law and morality • role of law? • rule of law? ✓law should rule
Sunday, November 27, 2016
Law • relationship between law and morality • role of law? • rule of law? ✓law should rule ✓law applies to all
Sunday, November 27, 2016
Law • relationship between law and morality • role of law? • rule of law? ✓law should rule ✓law applies to all • law has a neutral character, and therefore, is above politics
Sunday, November 27, 2016
Why are courts needed? What is the political significance of courts?
• constitutional provisions are not self-
executory, hence, we need institutions (Executive, Legislature and Judiciary) • Judges adjudicate on the meaning of the law. Their central function is to interpret the law. • Judges, therefore, must have what qualities? Sunday, November 27, 2016 Are judges political too? • Theoretically, judges are supposed to be neutral and impartial, but in reality, they are not. • External bias • Internal bias
Sunday, November 27, 2016
Do judges make policy? • Of the three branches, the judiciary is the most passive--it applies clear laws and interprets vague ones. • Judicial activism- “The willingness of judges to arbitrate in political disputes, as opposed to merely saying what the law means.”(Heywood, p. 349) • “As judges impose meaning on the law, they cannot be involved in the policy process.”(Heywood, p. 350)
The People of the Philippines, Plaintiff-Appellee, vs. Lo Ho Wing Alias Peter Lo, Lim Cheng Huat Alias Antonio Lim and Reynaldo Tia y Santiago, Defendants. Lo Ho Wing Alias Peter Lo, Defendant-Appellant.