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Constitutional Law 1
Constitutional Law 1
- It is that body of rules and maxims in accordance with which the powers of sovereignty which
are habitually exercised (Cooley).
- With particular reference to the Constitution of the Philippines: That constitution is a written
instrument enacted by direct action of the people by which the fundamental powers government
are established, limited and defined by which those powers are distributed and among the several
departments for their safe and useful exercise for the benefit of the body politic (Justice George
Malcom).
NATURE
1. It serves as the supreme or fundamental law.
2. It establishes basic framework and underlying principles of government.
CHARACTERISTICS
1. The constitution is the foundation of the rule of state
2. The constitution is the embodiment of the fundamental laws. This is the doc of the rule of a
state.
3. The constitution describes the powers and functions of different org government and the
relations among these organs.
4. It states on the one side the powers and duties of the government and, on the rights and duties
of citizens.
5. It connects the ruler to the ruled, and vice versa.
PURPOSE
- To prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on which
the government is founded. (11 Am. Jur. 606 cited in Cruz)
Why would a society generally committed to majority rule choose to be governed by a
document that is difficult to change?
a) To prevent tyranny of the majority
b) Societys attempt to protect itself from itself.
c) Protecting long term values from short term passions.
CLASSIFICATION
a.1. Written
is one whose precepts are embodied in one document or set of
documents.
a.2. Unwritten
consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of
fundamental character, judicial decisions, commentaries of publicists,
customs and traditions and certain common principles.
Broad not just it provides for the organization of the entire government and covers all
persons and things within the territory of the State but because it must be comprehensive
enough to provide for every contingency .
Brief- it must confine itself to basic principles to be implemented with legislative details
more adjustable to change and wearier to amend.
Definite - to prevent ambiguity in its provisions which could result in confusion and
divisiveness among the people (Cruz).
Essential parts of a written constitutions (3C)
Constitution of Liberty- The series of prescriptions settings forth the fundamental civil
and political rights of the citizens and imposing limitations on the powers of government
as a means of securing the enjoyment of those rights. (e.g Right to suffrage, Article V;
Bill of Rights, Article III)
Amendment: an alteration of one or a few specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the Constitution. The changes brought about by
amendments will not affect the other provisions of the Constitution.
Revision: An examination of the entire Constitution to determine how and to what extent it
should be altered. A revision implies substantive change, affecting the Constitution as a whole.