Concepts of constitution
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This document defines key concepts related to constitutions and the nature and purpose of the Philippine Constitution. It discusses that a constitution is the fundamental law that establishes the framework and principles of government. The Philippine Constitution specifically serves as the supreme law, binding on all citizens and government bodies. It also establishes the basic division of powers and protects individual rights from arbitrary actions of those in authority. The document further describes that the Philippine Constitution is a written, conventional, and rigid constitution, as it was drafted by a constitutional commission and can only be amended through a difficult process.
Concepts of constitution
- 2. Constitution >The body of rules and principles in accordance with which of the powers of sovereignty are regularly exercised. Thus, it covers written and unwritten constitutions. > Fundamental law of the land
- 3. Nature and Purpose or function of Constitution 1. Serves as the Supreme or Fundamental Law ◦ The charter creating the government. ◦ It has the status of a supreme or fundamental law as it speaks for the entire people form whom it derives its claim to obedience. ◦ Binding on all individual citizen and all organs of the government. Highest in the hierarchy of laws.(1) ◦ It is the law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered. ◦ It is the test of legality of all governmental actions, whether proceedings from highest official or lowest functionary.
- 4. Nature and Purpose or function of Constitution 2. Establishes basic Framework and Underlying Principles of Government. ◦ Prescribe the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded. (1) ◦ It is designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority. (2) ◦ Its function is not to legislate in detail but to set limits on the otherwise power of the legislature.
- 5. Meaning of Constitutional Law ◦Branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation. ◦The law embodied in the constitution as well as the principles of growing out of the interpretation and application made by the courts( particularly SC being the court of last resort) of the provisions of the constitution in specific cases. Thus, the Philippine Constitution itself is brief but the law of the constitution lies scattered in thousands of supreme court decisions.
- 6. Kinds of Constitution 1.As to their origin and History A)Conventional or Enacted- used and accepted by people for long time and is considered to be usual or typical; to make a bill officially become part of the law. B)Cumulative or evolved- a product of growth or a long period of development originating in customs, traditions, judicial decisions rather than from a deliberate and formal enactment. E. g English Constitution
- 7. Kinds of Constitution 2. As to their Form ◦ A. Written- definite written form at a particular time, usually by a specially constituted authority called a “constitutional convention” ◦B. Unwritten- product of political evolution ◦Example Given: English Constitution is unwritten only in the sense that it is not codified in a single document. Part of it is written- the Acts of Parliament and Judicial Decisions.
- 8. Kinds of Constitution 1.As to manner of amending them A)Rigid or Inelastic- One regarded as a document of special sanctity (state of being holy) which cannot be amended or altered. B)Flexible or Elastic- one which possesses no higher legal authority than ordinary laws and which maybe altered in the same way as other laws. The Philippine Constitution maybe classified as conventional or enacted, written, and rigid or inelastic. It was drafted by an appointive body called “Constitutional Commission”
- 9. PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our prosperity the blessings of independence and democracy under the rule of law and a regime of truth , justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
- 10. Source: Textbook on the Philippine Constitution. Hector S. De Leon (2010). Rex Book Store
Editor's Notes
- #3: With the particular reference to the constitution of the Philippines, it may be defined as that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.
- #4: 1. Its effectiveness as the supreme law depends to a great degree upon the people themselves. It becomes a “mere scrap paper” if they allow those in authority to violate it with impunity- freedom from punishment.
- #5: It actually serves as the framework of the social, economic, and political life of the nation because it governs, although in general way, practically all areas of humanity. Abuse of police power has been the biggest threat to liberty everywhere and throughout history. “Power tends to corrupt, and absolute power corrupts absolutely”-Lord Acton. One of the of the more effective instruments for limiting coercive political power to protect human rights is a written constitution that enshrines the principle of popular sovereignty, values human dignity, and establishes an independent judiciary.
- #10: Preamble came from latin word “preambulare” which means “to walk before”– introduction to the main subject The constitution begins and ends with the words “We, The sovereign Filipino people, imploring the aid of Almighty God x x x do ordain and promulgate this Constitution”. . Thus, the Filipino themselves (not their representatives) are the source from which the constitution comes and being so, it is the supreme law of the law. “Filipino People” signifies their oneness and solidarity. We, the Sovereign- the intention is to stress that the Filipino in ordaining and promulgating the Constitution, do so on their own authority as a sovereign people and not by virtue of authority or permission given by a superior foreign power. Collective Prayer- belief in the existence of a Supreme Being that guides the destinies of men and nations. They acknowledge the “overruling power of God over the affairs of nations and all human beings”. They recognize the fact that with the help of help of a personal God to whom they are real accountable, they will be able to achieve the ideals and aspirations to which they are committed, particularly in laying a strong foundation for building “Just humane society”. In sense they acknowledge God as the source of their authority. “a Government that shall embody our ideals and aspirations” key to a successful democracy. We can overcome whatever difficulties and meet what ever challenges that we face today and may confront us in the future.