Philippine Constitution.pptx

8/14/2019 Philippine Constitution.pptx

1/21

Philippine ConstitutionIntroduction


2/21

Concept of Constitution


3/21

Meaning of Constitution

Body of rules and principles in accordance withwhich the powers of sovereignty are regularlyexercised

The written instrument by which thefundamental powers of the government are

established, limited, defined and by which thesepowers are distributed among the severaldepartments or branches for their safe anduseful exercise for the benefit of the people.


4/21

Nature and Purpose

1. Serves as the supreme or fundamental law. A constitution is the charter creating the

government It has the status of a supreme law as it speaks

for the entire people from whom it derives itsclaims and obedience.

It is the law which all other laws must conformand in accordance with which all private rightsmust be determined and all public authorityadministered.


5/21

2. Establishes basic framework and underlying

principles of government. To assign to different departments or branches,

their respective powers and duties, and toestablish certain basic principles on which the

government is founded. It is primarily designed to preserve and protect

the rights of individuals against subjectiveactions of those in authority.


6/21

What is constitutional law?

It is the branch of public law

which treats of constitutions,their nature, formation,

amendment, andinterpretation.


7/21

Kinds of Constitution


8/21

1. As their origin and History

a. Conventional or enacted - One

which is enacted by a constituentassembly.

b. Cumulative or evolved A product

of growth or a long period ofdevelopment origination fromcustoms, traditions, judicial

decisions, etc.


9/21

2. As their form

a. Written One which has been given definitewritten form at a particular time, usually by aspecially constituted authority called aConstitutional Convention

b. Unwritten One which is entirely the product

of political evolution


10/21

However there is no Constitutionwhich is purely written or

unwritten


11/21

3. As to manner in amending them:

a. Rigid or inelastic one regarded as adocumentary of special sanctity which cannot beamended or altered except by some specialmachinery .

b. Flexible or elastic which may be altered in the

same way as other laws.


12/21

Characteristics of The PhilippineConstitution Conventional or enacted

Written

Rigid and inelastic.

It was drafted by an appointive body calledConstitutional Commission.


13/21

Advantages and disadvantages of awritten constitution It has the advantage of clearness and

definiteness over the unwritten.

Its disadvantage lies in the difficulty of itsamendment. This prevents immediateintroduction of needed changes and may thereby

retard the healthy growth and progress of thestate.


14/21

Requisites of a good writtenconstitution

1. As to form a good written

constitution should be:a. Brief not too detailed

b. Broad comprehensive as possible

c. Definite Free from vagueness andambiguity


15/21

2. As to contents, it should contain at least

three sets of provisions:a. Constitution of government Framework of the government

b. Constitution of liberty Bill of rights

c. Constitution of Sovereignty modes ofamending or revising the constitution.


16/21

Constitution distinguished from statute

1. A constitution is a legislation direct from thepeople while a statute is a legislation from the

peoples representatives.

2. A constitution merely states the generalframework of the law and the government,

while a statute provides details of the subject ofwhich it treats.


17/21

3. A constitution is intended not merely to

meet existing conditions but to govern thefuture, while a statute is intendedprimarily to meet existing conditions only

4. A constitution is the supreme orfundamental law of the state to whichstatutes and all other laws must conform.


18/21

Government of law and not of men

1. Concept It is meant that no man in this

country not even the government isabove or beyond the law. Every man,however how high and mighty his stationmay be possesses no greater rights than

every other man in the eyes of law.


19/21

2. Exercise of government powers. Agovernment of laws, as contrasted with agovernment of men, is a limitedgovernment. It has only the powers givenit by the Constitution and laws, and maynot go beyond the grants and limitationsset forth therein.


20/21

3. Observance of the law He cannot take

the law into his own hands by resorting toviolence or physical force to enforce hisrights or achieve his ends without beingcivilly and criminally held liable for hisown action.

4. Significance of the principle - It is basicthat laws must be obeyed by all and

applied to everyone without fear or favor.


21/21

Every citizen has thus a stake in

the rule of law as contrasted to

the rule of men. Without it,there is only anarchy, or a mere

semblance of order under a

dictatorship.

Documents

Philippine Constitution.pptx