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Should he inhibit?

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Conventional wisdom and expert judgment share a consensus: Associate Justice Francis Jardeleza will inhibit himself from Supreme Court deliberations on the fate of the Disbursement Acceleration Program. As solicitor general, he had not only argued the case before the Court; he had also submitted the motion for reconsideration.

Posted: September 2nd, 2014 in Columnists,Columns,Inquirer Opinion | Read More »

Unsettled questions

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In his keynote speech at the launch of the book “History of the Supreme Court” to mark the Court’s 111th anniversary on June 11, former Chief Justice Reynato Puno decried the “spiritual slump” and apparent disarray in the judiciary in the aftermath of its “collision with the political branches of government,” as well as the widespread confusion following the conviction of now ex-Chief Justice Renato Corona by the Senate impeachment tribunal. But because of Corona’s decision not to appeal his removal, we will never know for sure how a “severely wounded” Court would have dealt with certain questions the answers to which were left hanging in the course of his impeachment trial.

Posted: June 22nd, 2012 in Columns,Featured Columns,Featured Headline,Inquirer Opinion | Read More »

Anti-democratic constitutionalism

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We need to respond to the fear of “lynch-mob populism,” the fear that impeaching Chief Justice Renato Corona today will weaken the constitutional protection for our rights in the future. We need to confront the underlying theory for this anxiety, especially since, in the words of an American jurist, “the validity of a doctrine [should] not depend on whose ox it gores.”

Posted: January 12th, 2012 in Columnists,Columns,Editor's Pick,Inquirer Opinion | Read More »

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