A law was enacted with clerical errors in the text in some of its provisions. The
validity of the same law was challenged before the court. The court corrects the said
clerical errors. Is the court indulging in judicial legislation? Why or why not?
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NO. Because these are just clerical errors, the court does not indulge in judicial
legislation in correcting clerical errors. Why? Because Judicial Legislation is defined
as a move of a court to step in to craft missing parts and to fill in the gaps in laws. It does not define as to
correct the clerical errors. It will indulged in judicial legislation if it replaces the
expressed purpose of the act by expanding its scope to include subject or territory not included therein as
approved.
NO. Because these are just clerical errors, the court does not indulge in judicial
legislation to correct clerical errors. Why? Because Judicial Legislation is defined as a
move of a court to step in to craft missing parts and to fill in the gaps in laws. It does
not prescribe correcting clerical errors. It will indulge in judicial legislation if it
replaces the expressed purpose of the act by expanding its scope to include a subject
or territory not included therein as approved.
Judicial legislation is defined as the move of a court to step in to craft missing parts, to fill in the gaps in laws,
or when it oversteps its discretional boundaries and goes beyond the law to coin doctrines or principles which
are not previously established.
What is the Enrolled Bill Doctrine?
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]it is a principle of judicial interpretation of rules of procedure in legislative bodies. Under this
doctrine, once a Bill passes a legislative body and is signed into law, the courts assume that all
rules of procedure in the enactment process were properly followed.