CONSTITUTIONAL LAW 2

POLITICAL LAW - Branch of public law which deals with the organization and operations of the government organs of the State and defines the relations of the State with the inhabitants of its territory SCOPE: 1. Constitutional Law 2. Administrative Law 3. Law on Municipal Corporations 4. Law of Public Officers 5. Election Laws BASIS OF STUDY: 1. 1987 Constitution 2. 1973 and 1935 Constitutions 3. Other organic laws made to apply to the Philippines, e.g. Philippine Bill of 1902, Jones Law of 1916 and Tydings-McDuffie Law of 1934 4. Statutes, executive orders and decrees, and judicial decisions 5. U.S Constitution CONSTITUTIONAL LAW - study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by Bill of Rights - role is to effect an equilibrium between authority and liberty so that rights are exercised within the framework of the law and the laws are enacted with due deference to rights

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THE CONSTITUTION OF THE PHILIPPINES CONSTITUTION - that body of rules and maxims in accordance with which the powers of the sovereignty are habitually exercised (Cooley) - the written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful for the benefit of the body politic. (Justice Malcolm) - purpose is 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 fixed principles on which government is founded

The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer.

CLASSIFICATION Written Constitution one whose precepts are embodied in one document or set of documents Unwritten Constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources Conventional Constitution enacted constitution, formally struck off at a definite time and place following a conscious deliberate effort taken by constituent body or ruler Cumulative Constitution a result of political revolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method Rigid Constitution can be amended only by a formal and usually difficult process Flexible Constitution can be changed by ordinary legislation

The Constitution of the Philippines is written, conventional and rigid

CRUZ (2007) CONSTITUTIONAL LAW | NACHURA (2009) OUTLINE REVIEW IN POLITICAL LAW

ED2012

CONSTITUTIONAL LAW 2
ESSENTIAL QUALITIES CONSTITUTION OF THE WRITTEN o

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Non-self-executing provision one that remains dormant unless it is activated by legislative implementation (Art II, Sec 4; Art IV, Sec 3)

Broad it must comprehensive enough to provide for every contingency Brief must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend Definite to prevent ambiguity in its provisions which could result in confusion and divisiveness among the people

ESSENTIAL PARTS CONSTITUTION

OF

GOOD

WRITTEN

Constitution of Liberty series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as means of securing the enjoyment of those rights (Art III) Constitution of Government provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate (Arts. VI,VII, VIII and IX) Constitution of Sovereignty provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Art XVII)

INTERPRETATION/CONSTRUCTION CONSTITUTION

OF

THE

Verba legis the words used in the Constitution must be given their ordinary meaning except where technical terms are employed Ratio legis et anima words of the Constitution should be interpreted in accordance with the intent of the framers A doubtful provision shall be examined in light of the history of the times and the conditions and circumstances under which Constitution was framed Ut magis valeat quam pereat Constitution has to be interpreted as a whole In case of doubt, the constitution should be considered self-executing rather than non-selfexecuting; mandatory rather than directory; and prospective rather than retrospective o Self-executing provision rule that by itself is directly or indirectly applicable without need of statutory implementation (Art III)

CRUZ (2007) CONSTITUTIONAL LAW | NACHURA (2009) OUTLINE REVIEW IN POLITICAL LAW

ED2012