ABSTRACT

The drafters of the 1987 Constitution saw creation of an independent and empowered judiciary as Philippine society’s main defense against authoritarianism and corruption. For the delegates to the post-Marcos 1986 Constitutional Commission, if the goals of democracy, rule of law, peace, equality, and justice were to be achieved, the Philippine judiciary had to be insulated from political or partisan influences. The constitution’s explicit grant of expanded review powers and its varied policy prescriptions have resulted in what some observers see as growing judicial intrusion into the prerogatives of political bodies—judicialization of politics, a phenomenon currently most apparent in the Philippine Supreme Court.