Constitution Law 1 Flashcards
Constitution (Comprehensive)
That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley)
Constitution (American Sense)
A constitution is a written instrument by which:
(1) the fundamental powers of government are established, limited, and defined and
(2) these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. (Justice Miller quoted by Bernas)
Constitution (brief)
It is the supreme written law of the land.
Constitution (Marcos v. Manglapus)
It is a social contract.
Constitution (Dean Bautista)
It is a social contract between the government and the people, the governing and the governed.
It reflects majoritarian values but defends minoritarian rights.
Constitution (Bernas, Commentary)
It is a municipal law.
It is binding only within the territorial limits of the sovereignty promulgating the constitution.
Rigid constitution
It is one that can be amended only by a formal and usually difficult process
Flexible constitution
It is one that can be changed by ordinary legislation.
Written constitution
It is one whose precepts are embodied in one document or set of documents.
Unwritten constitution
It consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statues of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles.
Enacted constitution
An enacted or conventional constitution is enacted, formally struck off at a definitive time and place following a conscious or deliberate effort taken by a constituent body or ruler
Evolved constitution
It is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by systematic method.
Normative constitution
It is a classification of the constitution which adjusts to norms.
Nominal constitution
It is a classification of the constitution which is not yet fully operational.
Semantic constitution
It is a fundamental law enforced to formalize and legalize the perpetuation of power.
Constitutional Law (Bernas, commentary)
It is a body of rules resulting from the interpretation by a high court of cases in which the validity, in relation to the constitutional instrument, of some act of government has been challenged.
Constitutional Law (Sinco, Phil Political Law)
It is a term used to designate the law embodied in the constitution and the legal principles growing out of the interpretation and application made by courts of the constitution in specific cases.
Constitutional Law (Cruz, Constitutional Law)
It is the study of the maintenance of the proper balance between authority represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights.
Constitutional Law (Miriam Defensor-Santiago, Constitutional Law)
It consist not only of the constitution, but also of the cases decided by the Supreme Court on constitutional grounds, i.e., every case where the ratio decidendi is based on a constitutional provision.
English type of the Constitutional Law
It is characterized by the absence of written constitution.
European continental type of the Constitutional Law
It is a type of Constitutional Law wherein a written constitution exist which gives the court no power to
declare ineffective statutes repugnant to it.
Territorial Sea (as defined by UNCLOS, 1982)
It is a belt of coastal waters extending at most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state.
UNCLOS
United Nations Convention on the Law of the Sea.
It has the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all peoples of the world.
Contiguous Zone
It is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44.4 km; 27.6 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing “infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea”.
Exclusive Economic Zone
It extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370.4 km; 230.2 mi) from the territorial sea baseline, thus it includes the contiguous zone.
