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Wednesday, July 9, 2014

CHECK AND BALANCE


CHECK AND BALANCE

If there is anything good which could come out of the Supreme Court decision declaring as unconstitutional the DAP, it is the constitutional principle of checks and balances. Senator Alan Peter Cayetano, himself a lawyer, said the system works.

The Supreme Court, though, admittedly the weakest, of the three major departments of government,  should  be lauded.  

The High Court has shown its independence and fortitude   in deciding one of  the most politically controversial and highly charged  issues ever to confront the current administration. As the guardian of the constitution and the final arbiter of justiciable  questions involving the proper exercise of constitutional powers by the political departments  of government,  the Supreme Court has once again upheld the supremacy of the Constitution,  not its own supremacy, when it in effect ruled that this time, in the DAP controversy  the Executive has overstepped its powers and encroached upon the domain of a co-equal branch of government.

This is the beauty of the mechanism of checks and balances which operates tangibly and not  theoretically in our government affairs. Here we see in reality this constitutional principle at work.  The principle is enshrined in the Constitution, to guard against  excesses in the use of power or abuses in the exercise of discretion  when either Congress or the President steps over the constitutional boundaries.  It also provides a sobering   thought that not even the President or the members of Congress could simply act in any way they wish,  or tread beyond uncharted course for they might run afoul with the fundamental law, whose keeper and guardian is the Highest Court of the land.  

The pragmatic implication is that while we are a government of laws and not of men,  we are governed by men,  whose imperfection, frailties, and  inclination might lead them to irrational zealousness or to be drunk with power thus subverting the very institutions upon which our nation stands.   

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