Political Law, 2020 Bar — Question 5

QUESTION

Both the House of Representatives and the Senate passed a bill which: (a) increases the number of Supreme Court Justices from 15 to 20; (b) assigns the five most senior Justices, including the Chief Justice, exclusively to a Special Division that will tackle only constitutional cases; and (c) removes from the Supreme Court En Banc the power to hear and decide cases involving alleged violations of the Constitution. The Chief Presidential Legal Counsel advises the President to veto the bill, arguing that the law is unconstitutional because its contents should be the subject of constitutional amendment rather than of legislation. Is the Chief Presidential Legal Counsel’s argument constitutionally sound? Explain briefly.

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