Constitution and Its Salient Concepts (UNIT 5)

Question 1

This serves as the foundational document of a state, outlining the fundamental
principles that govern its operation. It acts as the rulebook, defining the structure of government,
the distribution of power, and the rights and responsibilities of citizens.

Answer 1

Consitution

Question 2

A system of fundamental laws for the governance and administration
of a nation

Answer 2

Constitution

Question 3

The constitution It is supreme, imperious, absolute and unalterable except by the authority from
which it emanates. It has been defined as the?

Answer 3

fundamental and paramount law of the nation

Question 4

It prescribes the permanent framework of a system of government, assigns to the
different departments their respective powers and duties, and establishes certain fixed
principles on which government is founded.

Answer 4

Constitution

Question 5

The fundamental conception in other words is
that it is a supreme law to which all other laws must conform and in accordance with which
all private rights must be determined and all public authority administered.

Answer 5

Constitution

Question 6

This is the three that part in constitution that it is deemed written in every statute and contract.

Answer 6

the fundamental,
paramount; and
supreme law of the nation

Question 6

This is if a law or contract violates any norm of the
constitution that law or contract whether promulgated by the legislative or by the executive branch
or entered into by private persons for private purposes is null and void and without any force and
effect.

Answer 6

Doctrine of Constitutional Supremacy

Question 7

Is self-executing if the nature and extent of the right conferred and
the liability imposed are fixed by the constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating that the subject is
referred to the legislature for action

Answer 7

constitutional provision

Question 7

A provision which lays down a general principle, such as those found in Art. II of the 1987
Constitution, is usually what?

Answer 7

Not self-executing

Question 8

This is a provision which is complete in itself and
becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected.

Answer 8

Self-Executing

Question 9

They are not not precluded from enacting other further laws to enforce the
constitutional provision so long as the contemplated statute squares with the Constitution.

Answer 9

Legislature

Question 10

It is a well-settled principle of constitutional construction that thelanguage employed in the Constitution must be given their ordinary meaning except wheretechnical terms are employed.

Answer 10

Constitutional Construction

Question 10

One of the primary and basic rules in statutory construction is that where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied withoutattempted interpretation.

Answer 10

Constitutional Construction

Question 11

the words of the Constitution should be understood in the sense they have in common use. What it says according to the text of the provision to be construed compels acceptance and negates the power of the courts to alter it, based on the postulate that the framers and the people mean what they say

Answer 11

Constitutional Construction

Question 12

This is from the words of a statute there should be no departure

Answer 12

Verba legis non est recedendum

Question 13

When the meaning of a constitutional text is not clear, and a plain reading thereof falls
short of a reasonable interpretation

Answer 13

ratio legis est anima

Question 13

The words of the
Constitution must be given their ordinary meaning except where technical terms are
employed.

Answer 13

verba legis (plain meaning rule

Question 14

“the reason of the law is its soul”, this rule tells us to look into the reason why the framers of the Constitution included a particular provision. The words of the Constitution should be interpreted according to the intent of its framers.

Answer 14

ratio legis est anima

Question 15

The Constitution is to be read as a whole.It is a well-established rule in constitutional construction that no one provision of the Constitution is to be separated from all the others, to be considered alone, but that all the provisions bearing
upon a particular subject are to be brought into view and to be so interpreted as to effectuate the great purposes of the instrument

Answer 15

ut magis valeat quam pereat

Question 16

The constitution establishes a framework where everyone, including those in
power, is subject to the law. This principle ensures fairness and prevents arbitrary rule.

Answer 16

Rule of Law

Question 16

The constitution typically divides governmental authority intodistinct branches, such as the legislative, executive, and judicial branches. This division
aims to prevent any single branch from accumulating excessive power

Answer 16

Seperation of Power

Question 17

To further limit the power of each branch, the constitution often incorporates mechanisms that allow each branch to check the actions of the others. This
ensures a system of mutual accountability and prevents any one branch from becoming too
dominant.

Answer 17

Check and Balance

Question 18

Many constitutions include a bill of rights, guaranteeing fundamental freedoms such as freedom of speech, religion, assembly, and the press. These rights protect
citizens from government overreach and ensure individual liberties.

Answer 18

Individual Rights

Question 19

Constitutions define the various branches of
government, their respective roles, and the processes for electing or appointing officials.
This ensures a clear and organized framework for governing.

Answer 19

Establishing Government Structure

Question 20

Constitutions delineate the specific powers of each branch of government, outlining their jurisdictions and limitations. This prevents overlap and ensures that each branch operates within its designated sphere of authority.

Answer 20

Allocating Powers

Question 21

: Constitutions enshrine fundamental rights and freedoms, ensuring that
citizens are protected from arbitrary government actions. These rights serve as a safeguard against tyranny and promote individual liberties.

Answer 21

Protecting Rights

Question 22

Most constitutions include a process for amending the
document, allowing for adjustments as society evolves and new challenges arise. This
ensures that the constitution remains relevant and adaptable to changing circumstances.

Answer 22

Providing for Amendments

Question 23

: These are based on a collection of documents, statutes, and traditional practices that have evolved over time. The United Kingdom’s constitution is an
example of an uncodified constitution

Answer 23

Uncodified Constitutions

Question 23

: These are written documents that contain the fundamental laws of a state. Examples include the United States Constitution and the Indian Constitution.

Answer 23

Codified Constitutions