'Presumption of Constitutionality'
'Presumption of Constitutionality'
The policy of the courts is to avoid ruling on constitutional questions and to presume that the acts of the political departments are valid in the absence of a clear and unmistakable showing to the contrary. To doubt is to sustain. This presumption is based on the doctrine of separation of powers which enjoins upon each department a becoming respect for the acts of the other departments. The theory is that as the joint act of Congress and the President of the Philippines, a law has been carefully studied and determined to be in accordance with the fundamental law before it was finally enacted. [Thus], We (this Court) find that the constitutional challenge must be rejected for failure to show that there is an indubitable ground for it, not to say even a necessity to resolve it.
G.R. No. 100883 December 2, 1991
GARCIA vs. THE EXECUTIVE SECRETARY, THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY, et al.
Ads.
 |
| Take caution when riding. A woman has piled onto the bike. |
 |
| SHOP HERE |
 |
| SHOP HERE |
Note:
The term 'presumption of constitutionality' is a legal principle that is used by courts during statutory interpretation — the process by which courts interpret and apply a law passed by the legislature.
FOLLOW US!
Phil. Juris. Official | Website
📎https://bit.ly/m/AttyEblogger
📸: #ctto | https://bit.ly/www-facebook_orig_post
Comments
Post a Comment