Constitutional Law 1 Flashcards
Purpose of the Constitution (3)
(1) to prescribe the permanent framework of a system of government
(2) to assign to the several departments their respective powers and duties
(3) to establish certain first principles on which the
government is founded
Classification of Constitution (4)
(1) rigid / flexible
(2) written / unwritten
(3) enacted / evolved
(4) normative / nominal / semantic
The Constitution of the Philippines based on classification (3)
It is written, conventional and rigid
Qualities of a good written constitution (3)
It is broad, brief and definite
Essential parts of a good written constitution (3)
(1) Constitution of government
(2) Constitution of liberty
(3) Constitution of sovereignty
Interpretation/Construction of the Constitution (latin, 3)
(1) Verba Legis
(2) Regio legis et anima
(3) Ut magis valeat quam peream
Interpretation/Construction of the Constitution (english, 3)
(1) plain meaning rule
(2) interpretation according to spirit
(3) the constitution has to be interpreted as a whole
Features of the 1987 Constitution (3)
(1) It consists of 18 articles and excessively long compared to 1935 and 1973 Constitution
(2) The independence of the judiciary has been strengthened with new provisions for appointment thereto and an increase in its authority, which now covers even political questions formerly beyond its jurisdiction
(3) The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved in the 1987
Constitution and even bolstered with the creation of a Commission of Human Rights.
Types of Constitutional Law (Sinco, 3)
(1) English type
(2) European Continental Type
(3) American type