Curtailing subjectivism: A comparative study of the appointment processes of Supreme Court justices under the Philippine and United States of America systems

Date of Publication

2010

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Commerce Major in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Crisostomo A. Uribe

Defense Panel Chair

Antonio A. Ligon

Defense Panel Member

Christopher E. Cruz
James Keith C. Heffron

Abstract/Summary

The 1987 Constitution of the Philippines grants the President the sole power to appoint Justices of the Supreme Court with the aid of the Judicial and Bar Council which crafts the list of nominees credible to be one of the members of the highest court of the land. With the great power vested upon the President, politicians claim that the whole process is flawed and is highly politicized. This controversy has long been addressed by the framers of the 1987 Constitution when they created the JBC.

Since our laws are patterned with that of the U.S. Constitution, this study will identify and delve the key differences in the appointment process and distinguish our current systems advantages and disadvantages in comparison to the U.S. system. The aim is to develop a new system that curtails subjectivity, paving way for objectivity in the subjective process.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19561

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

82, [11] leaves

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