The constitution

Group 2 Alice Maninang Click to edit Master subtitle style Janel Roxas Mary Ann Santiago Antonio Delgado

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Special topic 1

What is Cha-cha?

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constitution
A constitution is the fundamental law of the land. It may be a written instrument or a precise text or series of texts enacted at a given time by a sovereign power; or it may be the result of a series of legislative acts, ordinances, judicial decisions, precedents, and customs.

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Constitution vs. statute

Constitution Statute Deals with fundamental Pertains to specific principles of a general subjects nature regarding the government
Made by ordinary Made by an extraordinary body of legislature men chosen especially for the very purpose of drafting a constitution Promulgated to meet not Passed to cope only only present but also with present conditions future conditions 8/18/12

Rigid and flexible constitutions

Rigid constitution one that is difficult to amend, because the process is a formal one Ex: US and Phl constitutions Flexible constitution relatively easy to amend Ex: British constitution

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Written and unwritten constitutions

Written constitution one that is formally enacted in one/several written instrument/s Ex: Constitution of the Third French Republic Unwritten constitution one that has not been reduced into a single written document Ex: British Constitution

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British constitution
1. 2. 3. 4. 5.

Customs and traditions Parliamentary statutes Treaties Royal grants Judicial decisions and commentaries

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Example of royal grant: the british magna carta

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ORIGIN OF THE WRITTEN CONSTITUTION

Greek city-states put their basic government document into written form Athens made eleven constitutions between 624 404 BC US constitution the first modern written charter, ratified on May 29, 1790

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ORIGIN OF THE WRITTEN CONSTITUTION

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ORIGIN OF THE WRITTEN CONSTITUTION

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Countries which adopted written constitutions

FRANCE, 1791 SPAIN, 1812 NORWAY, 1814 DENMARK, 1815 NETHERLANDS, 1815 PORTUGAL, 1822 BELGIUM, 1831

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Countries which adopted written constitutions

ITALY, 1848 SWITZERLAND, 1848 AUSTRIA, 1861 SWEDEN, 1866 GERMAN EMPIRE, 1871 1ST PHILIPPINE REPUBLIC, 1899 CHINESE REPUBLIC, 1911

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Malolos congress

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Special topic 2
Constitutions Enforced in the Philippines prior to the Malolos Constitution:

1812 Cadiz Constitution Spanish Constitution constitution, 1897

1869

Biak-na-bato

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REQUISITES OF GOOD CONSTITUtION

1. 2. 3.

Broad in its scope Brief in its content Definite in its principles

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Special topic 3
CONSTITUTIONALISM

It is a doctrine or principle which describes and supports a constitution as the supreme law of the land. It upholds the constitution as an instrument that provides a system of effective restraints upon political power

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1973 constitution: a most unusual constitution

Ratified Some Most Most

by viva voce

provisions were never implemented

amended written constitution in the world (38 amendments) controversial constitution in Philippine history

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Contents of a written constitution

1. 2. 3. 4. 5.

Preamble Definition of national territory Definition of citizenship Bill of Rights Method of suffrage and elections for government officials Structure and functions of the government Method of amending the constitution Date of effectivity
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6. 7. 8.

Growth of a written constitution

Processes by which a written constitution grows with time:
1. 2. 3. 4.

Statutory legislations Usage Judicial interpretation Formal amendment

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Special topic 4

Con-Con vs. Con-Ass

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Methods for amending written constitutions

1. 2. 3.

By a constitutional convention By legislative action By legislative action and submission to the electorate By legislative action and submission to local governments for approval By initiative

4.

5.

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Merits and demerits of written constitutions

ADVANTAGES:
1. 2.

Definiteness Stability Rigidity May not adapt itself to existing conditions

DISADVANTAGES:
1. 2.

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Live to express, not to impress. GAARA LEE BRITANNIA

Prepared by:

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