Friday, January 13, 2012

Flawed selection of and degraded Supreme Court - by PACIFICO TALENS (VA, USA).



"x x x.

In the United States—the place I have now lived for over 39 years, the abode that gave me opportunity to major in Religious Studies vice Law—the selection of justices of the Supreme Court significantly differs. This difference somehow supports creation of independence and credible thinking that renders power and stature to the Court as co-equal to the other two branches in the ideal tradition of check-and-balance system.

Here, more than one body can submit nominees; Congress, the Justice Department, the Court system and any organization can submit same. From all these nominees and after tedious vetting processes, the President makes an appointment. But thisappointment is not the end but the beginning of another difficult process for the appointee. Under the US Constitution, the Senate has the authority to consent to or to disapprove the appointee of the President. The appointee’s professional credentials and qualification, ideological compatibility, and philosophical persuasions are checked, discussed, debated, and finally decided by the full Senate.

As I see, the process of selecting Supreme Court justices in the United States is superior over that in the Philippines. Again, the process here provides attribute of independence to the Supreme Court as its members are beholden not only to the President elected by the people but also beholden to the Congress voted by the citizenry—and ultimately beholden to the citizenry who selected the occupants of the Presidency and Congress. I find this as the core substance of the democratic check-and-balance system, when all three branches of government, as co-equal, perform watchdog duties upon each other on behalf of the citizenry they are beholden to and they are to serve.

May this commentary stir some political minds, create basis to change law— so that the Judiciary becomes truly responsible and responsive to the Constitution and to the people of the Philippines.

x x x."