Constitutional Law II - Bill of Rights Section 1 Flashcards
What is the Bill of Rights?
The Bill of Rights refers to the enumeration of rights and privileges which the Constitution protects.
What are the kinds of rights?
Inherent / Human Rights
- civil, political, economic, social,
cultural
- Check UN ICCPR
Constitutional Rights
- Conferred by the Constitution
- Include inherent rights
Statutory Rights
- Dependent upon the existence of a statute
- Example Benefits granted under the Labor Code
What is the Doctrine of Hierarchy of Rights?
Life Liberty and Property
Can the right to property be relinquished upon the command of the state?
Yes, it can be relinquished upon the command of the state for the promotion of the public good.
What is the nature of the provisions under Art. III of the 1987 Constitution?
It is presumed that all provisions of the constitution are self executing unless expressly provided
Who can avail the Bill of
Rights provisions of the
1987 Constitution?
PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters
Against whom shall the Bill of Rights provisions of the 1987 Constitution enforceable?
It can only be directed against the government and its law enforcement agencies.
What does Sec 1, Art II, 1987 Constitution provides?
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 laws.
Can the state deprive a person of life, liberty, or property?
Yes, it can with the due process of the law
What is “due process”
of law?
“Due process of law” is a process or proceedings according to the law of the land.
Who can avail the
right to due process?
PEOPLE/ PERSONS
Inhabitants
Citizens
Electors/ Voters
Against whom is the
right to due process
enforceable?
It is enforceable to the government of the republic of the Philippines and also each and every one of its branches, agencies etc.
What is substantive due process
Substantive due process looks to whether there is a sufficient justification for the governments action to take away a person’s life, liberty or property.
What is the void for vagueness doctrine?
The void-for-vagueness doctrine states that “a statute which either forbids or
requires the doing of an act in terms so vague that men of common
intelligence must necessarily guess at its meaning and differ as to its
application, violates the first essential of due process of law.”13
What is the overbreadth doctrine?
The overbreadth doctrine, on the other hand, decrees that “a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.”
What is the rationale
for publication of
laws?
to not deny the public knowledge of the laws that are supposed to govern.