Who will save the Supreme Court?
Posted by akosistella on March 27, 2010
THE SUPREME COURT IS THE HIGHEST court of the land. It is the final interpreter of the Constitution-the basic law that constitutes us, the Filipino people, into a distinct nation-state. Indeed, the Constitution is what the Supreme Court says it is. To be able to perform this crucial function in any reliable way, the Court has to be seen as standing above politics. Otherwise, the Constitution loses its power to regulate politics. For this reason, one of the toughest crises that can befall any nation is the erosion of the credibility of its highest court.
This can happen, for instance, when the Court keeps reversing its decisions, including those that are supposed to be “final and executory.” This can also happen when members of the Court become predictable in their judgments, not on account of their philosophical or ideological inclinations, but because of their political loyalties. The result is that citizens can no longer look to the Court as a source of stable definitions of what is legal and illegal.