COURTS AND THE BREAKDOWN AND RE-CREATION OF PHILIPPINE DEMOCRACY - EVIDENCE FROM THE SUPREME-COURT AGENDA

Despite definitions of democracy that imply important potential roles for courts and judges, much theoretical and empirical work remains to be done if we are to understand the roles of courts and judges in demo cratization. Nevertheless, the sparse theoretical work available yield s a few predictions about how a court should be expected to perform it s work during periods of breakdown and re-creation of democracy. This study seeks to test predictions from available theory in the context o f the Supreme Court of the Philippines. The Philippines is an appropri ate country in which to investigate the roles of courts in democratiza tion. Prior to the breakdown of Philippine democracy the Supreme Court enjoyed a reputation for independence and impartiality that could hav e been the envy of any court in the world. By the end of the dictators hip of Ferdinand Marcos in 1986, the Supreme Court had come to be rega rded as subservient, partial, narrow, and timid in its jurisprudence. The analysis uses evidence from patterns in the Supreme Court's agenda to test the relevant theory.