Constituion Flashcards
What is the meaning of constitution?
In its broad sense, the term constitution refers
to “that body of rules and principles in
accordance with which the powers of sovereignty are regularly exercised.” As thus defined, it covers both written and unwritten constitutions.
Purpose of Constitution?
1) Serves as the supreme or fundamental law - The Constitution is binding on all individual and all organs of the government. It occupies the highest level in the hierarchy of laws. 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.
How many rights are there?
3 Rights: Political rights, personal and civil rights, and rights of an accused person.
What goes under political rights?
- Right of citizenship
- Freedom of speech
- Freedom of press
- Right of assembly
- Right to petition the government for redress of grievances
- Freedom to access public records and documents
- Right to form associations, rights, etc
What are political rights?
The term refers to those rights having relation to the participation of individuals directly or indirectly, in the establishment on administration of government
What are civil rights?
Civil rights refer to those rights which the municipal law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness.
What goes under civil rights?
- Right against unjust unreasonable searches and seizures
- privacy of communication or correspondence
- Right of privacy
- Liberty of abode and travel
- Freedom of religion
- Non-impairement of contracts
- Right against imprisonment of debt.
- Free access to the court
What is a constitutional right?
( 1.) Right to due process
a. must be tried before a competent court
b. must be given a fair, speedy, impartial trial
c. must be allowed to use all legal means (to obtain subpoena and opportunity to defend
himself.
d. that the judgement awarded against him, must be within the authority of a valid law.
(2.) Rights to speedy disposition of cases
(3.) Right to bail
(4.) Right to be informed of his right to remain silent
(5.) Right to have competent and independent counsel.
(6.)Right against torture, force, violence threat
intimidation which vitiate his free will.
(7.) Right not to be detained in secret detention places or to be in solitary/incommunicado detention.
(8.) Right to be presumed innocent until the contrary is proved
(9.) Right to be informed of the nature and cause of accusation against him.
(10.) To have speedy, impartial and public trial
(11.)To meet witnesses face to face
(12.) Right to have compulsory process to secure the attendance of witnesses and production of his evidence.
(13.) Right against cruel and unusual punishment.
(14.) Right against excessive fines.
(15.) Right against double jeopardy. A person is said to be put in double jeopardy when not only- that the second offense is exactly the same as the one alleged in the first information but also that the two offenses are identical.
(16.) Right against ex post facto and bill of attainder.
Bill of attainder is a legislative act which inflicts punishment without judicial trial.
What is section 1 of bill of rights?
Section 1. No person shall be deprived of life, liberty, or property-without due process of law, nor shall any person be denied the equal protection of the laws.
What is section 2 of bill of rights?
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons and things to be seized.
What is section 3 of bill of rights?
Section 3. The Privacy of Communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires as prescribe by law.
What is section 4 of bill of rights?
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the pressed, or the right of the people, peaceably to assemble and petition the government for grievances.
What is section 5 of bill of rights?
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise, thereof. The free enterprise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
What is section 7 of bill of rights?
Section 7. The right of the people to information on matter’s of public concern shall be recognized. Access to political records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen subject to such limitations as maybe provided by the law.
What is section 9 of bill of rights?
Private property shall not be taken for public use without just compensation.
