Concept of Constitution
Download as PPT, PDF18 likes33,850 views
The document discusses key concepts about constitutions including: 1. A constitution establishes the fundamental rules and principles by which a government exercises its sovereignty and defines the basic framework of government. 2. Constitutions can be written or unwritten and are intended to both meet existing conditions and be flexible enough to address future needs. 3. The power to interpret the constitution primarily rests with the courts, whose goal is to ascertain the original intent of the framers and people who adopted the constitution.
Concept of Constitution
- 2. The constitution refers to “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised”
- 3. Nature and Purpose or Function of the Constitution Serves as the supreme fundamental law Establishes basic framework and underlying principles of government
- 4. Kinds of Constitution Origin and History: a. conventional of enacted b. cumulative or evolved Form: a. written b. unwritten
- 5. Manner of amending: a. rigid or inelastic b. flexible or elastic
- 6. What do you think is a better constitution? Advantage and disadvantage of a written constitution: Clearness and definiteness; stable Difficult to amend
- 7. What makes a good written constitution? Requisites… I. form: -brief -broad -definite
- 8. Contents: -constitution of government -constitution of liberty -constitution of sovereignty
- 9. Constitution vs. Statute Constitution -direct legislation from people - General framework of law and government Statute -legislation from the people’s representative -provides details of subject it treats
- 10. -intended to meet existing and future conditions -supreme fundamental law Intended primarily to meet existing conditions - Statutes must conform to the constitution
- 11. Who has the power to interpret the constitution? Primarily rests on the court ( Supreme Court for constitutional questions ) But the following can also interpret: - Individuals ONLY insofar as guiding his own actions and dealings with others
- 12. the executive and legislative for instances when responsibilities to interpret has been charged upon them
- 13. Why interpret the constitution? To ascertain and give effect to the INTENT of the framers and of the people who adopted or approved it or its amendments
- 14. Constitutions of the Philippines The 1935 constitution The 1973 constitution The 1987 constitution ( this is what is enforced/effective right now!)