Fr. Bernas weighed in on the war between President Aquino’s Executive Department, and the Chief Justice and his Supreme Court.
Father Bernas wrote,
“I have been teaching constitutional law long enough to realize that there often are two or more possible sides to a constitutional argument. And the outcome of a constitutional debate often depends upon the modality of constitutional interpretation a justice might use. As one political writer has put it, describing the Supreme Court is like discussing the theories of Karl Marx—one has to indulge in half-truths correcting each other and exaggerations of important truths. This is because the Supreme Court is not just a court. It is also a political institution. Because the key provisions of the Constitution are couched in grand ambiguities and because the key provisions concern the larger issues of our life, of our liberties, and of our happiness, the Supreme Court, by the exercise of judicial review, wields tremendous political power.”
This is democracy. One side weighs in says this is an Arroyo Court, and can’t do work because the Court throws a monkey wrench on its plan. Another present their arguments, that no it isn’t and is in the best interest of all for the Supreme Court to defend itself. Once upon a time, the Supreme Court was silent during the Marcos years. In Erap’s time it sided with Gloria Arroyo.
What’s great about all this is we are putting democracy to a test. However it comes out, the nation will be better for it.