The document differentiates between the judicial power to review and the congressional power to revoke a presidential proclamation of martial law or suspension of habeas corpus. The judicial power allows the courts to strike down a proclamation if there is a lack of sufficient factual basis based only on information available prior to the declaration. The congressional power allows Congress to revoke a proclamation and consider events after the declaration. Congress can delve deeper into the accuracy of the facts while the courts have a more passive review initiated by citizens.
The document differentiates between the judicial power to review and the congressional power to revoke a presidential proclamation of martial law or suspension of habeas corpus. The judicial power allows the courts to strike down a proclamation if there is a lack of sufficient factual basis based only on information available prior to the declaration. The congressional power allows Congress to revoke a proclamation and consider events after the declaration. Congress can delve deeper into the accuracy of the facts while the courts have a more passive review initiated by citizens.
The document differentiates between the judicial power to review and the congressional power to revoke a presidential proclamation of martial law or suspension of habeas corpus. The judicial power allows the courts to strike down a proclamation if there is a lack of sufficient factual basis based only on information available prior to the declaration. The congressional power allows Congress to revoke a proclamation and consider events after the declaration. Congress can delve deeper into the accuracy of the facts while the courts have a more passive review initiated by citizens.
Q: Differentiate The Judicial power to review and the Congressional power to revoke the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus under Section 18, Article VII of the 1987 Constitution
A:
The judicial power to review Congressional power to
revoke The Court may strike down the presidential Congress may revoke the proclamation or proclamation in an appropriate proceeding suspension, which revocation shall not be filed by any citizen on the ground of lack of set aside by the President. sufficient factual basis. In reviewing the sufficiency of the factual Congress may take into consideration not basis of the proclamation or suspension, only data available prior to, but likewise the Court considers only the information events supervening the declaration. Unlike and data available to the President prior to the Court which does not look into the or at the time of the declaration; it is not absolute correctness of the factual basis as allowed td "undertake an independent will be discussed below, Congress could investigation beyond the pleadings." probe deeper and further; it can delve into the accuracy of the facts presented before it.
the Court's review power is passive; it is Congress' review mechanism is automatic
only initiated by the filing of a petition "in in the sense that it may be activated by an appropriate proceeding" by a citizen. Congress itself at any time after the proclamation or suspension was made.