Thursday, April 25, 2013

Judicial activism rejected. - sc.judiciary.gov.ph/jurisprudence/2013/april2013/202242.pdf

see - sc.judiciary.gov.ph/jurisprudence/2013/april2013/202242.pdf


"x x x.


The call for judicial activism fails to stir the sensibilities of the Court
tasked to guard the Constitution against usurpation. The Court remains
steadfast in confining its powers in the sphere granted by the Constitution
itself. Judicial activism should never be allowed to become judicial
exuberance. In cases like this, no amount of practical logic or
convenience can convince the Court to perform either an excision or an
insertion that will change the manifest intent of the Framers. To broaden the scope of congressional representation in the JBC is tantamount to the
inclusion of a subject matter which was not included in the provision as
enacted. True to its constitutional mandate, the Court cannot craft and tailor constitutional provisions in order to accommodate all of situations no matter how ideal or reasonable the proposed solution may sound. To the exercise of this intrusion, the Court declines.

x x x."