[ANALYSIS] More fuel to the fire: The Supreme Court

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'Because 13 of the 15 current Supreme Court justices are Duterte appointees, President Ferdinand Marcos Jr. will have to play nice with Duterte if he wants favorable SC decisions during his term.' Voices

, it it was quite clear that, using the World Justice Report’s Rule of Law Index, the Philippines’ adherence to the rule of law had deteriorated markedly from an index of 0.53 in 2015 to 0.47 in 2022 .

, but a very recent study published in Law and Social Inquiry, a quarterly, peer-reviewed scholarly journal of international standing that is published by Cambridge University Press , adds even more fuel to the fire. Co-authored by Bjorn Dressel , Tomoo Inoue , and Cristina Bonoan , the study is entitled “Justices and Political Loyalties: An Empirical Investigation of the Supreme Court of the Philippines, 1987–2020”.

What is a “megapolitical” case? They define it as one that goes “beyond issues of procedural justice and political salience to include ‘core political controversies that define whole polities’”. In other words, Reader, high-profile, make-or-break political cases. Having thus chosen, they analyzed voting patterns by case type, i.e., separation of powers , executive prerogatives and the bill of rights . The remaining 27 percent dealt with economic matters , elections , and corruption . Voting patterns were also analyzed by presidential term, showing that justices appointed by the same president tend to vote with each other . Finally, they used regression analysis to empirically validate their hypotheses.

 

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