NCJ Number
155612
Journal
Law and Society Review Volume: 27 Issue: 4 Dated: (1993) Pages: 707-740
Date Published
1993
Length
34 pages
Annotation
Focusing on the independent and powerful Philippine Supreme Court before Ferdinand Marcos declared martial law in 1972, this paper examines the impact of the establishment and breakdown of authoritarianism on the court's performance of the functions of conflict resolution, social control, and administration.
Abstract
Hypotheses and models were developed regarding the impacts of the onset, consolidation, and breakdown of martial law authoritarianism under Marcos on that court's handling of the three functions. Box-Jenkins time series analysis methods revealed that authoritarianism had no impact on the Court's performance of the conflict resolution function; authoritarianism's onset increased and its breakdown decreased the Court's performance of the routine administrative function. Authoritarianism's onset decreased but its consolidation increased the Court's performance of the social control function. The study provides an example of how theoretical approaches to courts and their institutional performance can be made operational and rigorously analyzed; it also aids understanding of the possible and actual interactions governing the relationships between courts and executives, especially authoritarian executives. Tables, figures, footnotes, 1 legal citation, and 42 references (Author abstract modified)