Constitutional Politics and the Philippine Supreme Court: The Role of Public Support in Mitigating Politicization of the Judiciary

Abstract

In this study, the central question being asked is: Why would a politicised court actually rule against the policy preferences of the political actors? Does the court make strategic calculations of the possible behaviour of other political actors, the executive or the legislative, or does it rely on something else, including the weatlth of prior jurisprudence? This chapter proposes that the public also poses a significant constraint to court behaviour, and which the court also depends on for its legitimacy. Show more