Category Archives: Supreme Court

July 16, 2011 · 05:27

Limit justice to save justice

According to The Jakarta Post, the Indonesian House is considering reforms to the Supreme Court law. One of the proposed reforms is particularly interesting: limiting litigants’ right of appeal. In recent years, the Supreme Court’s caseload has reached phenomenal levels, as high as 17,000 per year. Some of these are relatively minor cases requiring only per curium decisions, but still they bog the court down. As Ronald Rofiandri from the Center for Legal and Policy Studies (PSHK) noted, “Not all cases should be brought to the appellate court, for example, divorce cases.” Reducing the court’s workload could go a long way to ensuring that it spends the necessary time on the more important cases in its docket. It could also potentially reduce corruption by reducing rent-seeking opportunities (after all, fewer cases means fewer litigants to extort). In short, this could be one feasible reform that could lead to a dramatic improvement in Indonesia’s notorious judiciary.

Comments Off on Limit justice to save justice

Filed under indonesia, Supreme Court

May 19, 2011 · 21:58

Impeaching plagiarism after all

Last time I’d discussed the allegations of plagiarism against Philippine Supreme Court justice del Castillo, the Supreme Court had exonerated him of intentional wrongdoing. Now, Congress, dominated by Aquino’s Liberal Party, is threatening to impeach the justice. The House Judiciary Committee voted in favor of proceeding and is now forwarding the issue to the floor. Of course, this all happens in the context of the ongoing tension between Aquino and the Court, so perhaps it’s not surprising that some on the party want to punish the Court for what they see as activist decisions…

Comments Off on Impeaching plagiarism after all

Filed under Philippines, Supreme Court

April 18, 2011 · 19:52

Blame the courts

First of all, I apologize for the sparseness of posts over the last week or so. I have finals coming up, so I’m afraid I won’t be able to write much for a while. However, here’s one piece of news I found interesting:


I’ve already written several times about the bickering between the Aquino administration and the Philippine judiciary. Now, in response to allegations that not enough has been done to punish those accused of murdering journalists, presidential spokesman Edwin Lacierda recently stated:

Those cases already in the court, I think the pressure from the journalists should be exerted towards the judiciary and not the executive branch.

I always worry when a government official calls for “pressure” to be exerted on the judiciary, even in human rights cases. I understand Lacierda’s basic point that the cases are out of the executive’s hands now, but the phrasing of his response suggests some animosity remains. As political scientists, we rarely get to listen in on politicians’ private conversations, so offhand comments like this are particularly noteworthy.

Comments Off on Blame the courts

Filed under human rights, Philippines, Supreme Court

April 8, 2011 · 01:47

Pay raise for Philippine justices

After months of on-and-off protests, Philippine judges have finally secured a budget increase. The Aquino administration has pledged another 107 pesos for salaries. However, notably the administration is also requesting the Supreme Court to allow an audit of the Supreme Court’s Special Allowance for the Judiciary funds. Perhaps not coincidentally, a similar issue (auditing special funds) led to the impeachment attempt against former Chief Justice Hilario Davide in 2003. Davide resisted Congress’ demands for an audit of the Court’s special funds, citing judicial independence. While the Supreme Court ultimately dismissed the impeachment attempt as unconstitutional (it was the second drawn up that year), the whole affair does suggest the sensitivity of the issue. The PhilStar article doesn’t record the Supreme Court’s response to Aquino’s request, but I suspect it won’t turn over its books quietly.

Comments Off on Pay raise for Philippine justices

Filed under Philippines, Supreme Court

March 9, 2011 · 04:34

Manila Marquez: An effective influence

The Philippine Supreme Court faces more blowback over the impeachment attempt against the Arroyo-appointed Ombudsman. Several justices are facing impeachment threats from Congress, although thus far it involves more bluster than bludgeoning. However, what really struck me in Supreme Court spokesman Marquez’ recent comments, as reported by PhilStar, was how he characterized the impeachment process as a threat to judicial independence. Here are a few quotes:

“There appears to be concerted efforts to bring the court down,” SC spokesman Midas Marquez told reporters.

…

“Filing of impeachment against our justices will have to be studied very carefully. It is an effective attempt to influence future decisions of the court,” he lamented.

While impeachment has rarely been used in the U.S., several Filipino justices have faced impeachment attempts, including former Chief Justice Davide over his swearing in Arroyo. Indeed, that impeachment attempt took a toll on the court, but part of me is surprised Marquez admitted as much. Perhaps his comments were a preemptive strike attempting to portray the impeachment proceedings threats against sitting justices as threats to the rule of law rather than attempts to punish bad behavior (such as the recent plagiarism allegations, lobbying on behalf of plaintiffs, etc.).

Comments Off on Manila Marquez: An effective influence

Filed under Philippines, Supreme Court