These cases
are exceptions, however. The integrity of the judges is not often
questioned, but the alcaldes do not enjoy so good a reputation.
At the present time there are also American provost courts which take
cognizance of "offenses against the military government." This
designation is broad enough to include anything the military
authorities choose to include. Apart from a few cases of regrettable
harshness these courts have done fairly well.
While the various constitutions have expressly declared the
independence of the judicial power, the authority of the courts has
heretofore been rather relative, and they have studiously avoided
conflicts with the other branches of the government. There is no case
on record where they have declared a law unconstitutional. The supreme
court when driven into a corner in 1904 even declared that it had not
the authority to make such a declaration. The constitution of 1908
modified the decision by expressly providing that the supreme court
may decide as to the constitutionality of laws.
This decision of the supreme court made little impression in the
country, due probably in part to the ease with which the various
administrations have disregarded the constitution when it suited their
convenience.
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