Chapt1 General Considerations Flashcards
Political Law embraces
Constitutional Law 1 & 2 Administrative Law Law of Public Officers Election Law and Law on Municipal Corporations
Political Law
Is the branch of of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.
Constitutional Law
Designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases.
Constitutional Law 1
Is a study of the structure and powers of the Government of the Republic of the Philippines.
Deals with: Nature of the State Supremacy of the Constitution Separation of Powers & Rule of the Majority
CONSTITUTION
The document that serves as the fundamental law of the State;
That written instrument enacted by the direct action of the people by w/c the fundamental powers of the government are Established, Limited and Defined, & by w/c those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic.
Class’n of the Philippine constitution
W-ritten
E-nacted (conventional: customary, routine, formal)
R-igid
The 1987 Constitution took effect on
Feb.2, 1987
State
A community of Persons, more or less numerous
permanently occupying a definite portion of Territory,
Independent of external control,
& possesing a Government to which a
Great body of inhabitants render habitual obedience.
4 Elements of the state
P-eople
T-erritory
S-overeignty
G-overnment
People
Inhabitants of the state, the # of which is capable of Self-sufficiency and Self-defense;
Of both sexes for perpetuity (continuity).
Territory
A fixed portion of the surface of the earth inhabited by the people of he State.
Sovereignty
Supreme & uncontrollable power inherent in a state by which that State is governed.
Government
Is the agency or instrumentality through which the will of the Sate is Formulated, Expressed & Realized.
Jurisdiction
Manifestation of sovereignty.