DEFINITION OF CONSTITUTION AND ELEMENTS OF GOOD CONSTITUTION Flashcards
“DEFINE AS THE BODY OF RULES AND PRINCIPLES IN ACCORDANCE WITH WHICH THE POWERS OF SOVEREIGNTY ARE REGULARLY EXERCISED”
COOLEY,CONSTITUTIONAL LIMITATION
“THE WRITTEN INSTRUMENT BY WHICH THE FUNDAMENTAL POWERA OF THE GOVERNMENT ARE ESTABLISHED”
MALCOLM AND LAUREL PHILIPPINE CONSTITUTIONAL LAW
WHETER A CONSTITUTION IS SUITABLE OR UNSUITABLE FOR A PARTICULAR COUNTRY.DEPENDS UP ON THE CIRCUMSTANCE,WHICH PREVAIL THERE.
GOOD CONSTITUTIONS
EVERY CLAUSE OF THE CONSTITUTION SHOULD BE WRITTEN IN SIMPLE LANGUAGE.IT SHOULD EXPRESS ITS MEANING CLEARLY WITHOUT LEAVING ANY SCOPE FOR CONFUSION.
1.CLARITY OR DEFINITENESS(ELEMENTS OF GOOD CONSTITUTIOS)
THE CONSTITUTION SHOULD NOT BE LENGTHY.
2.BREVITY
THE CONSTITUTION SHOULD NOT BE LENGTHY.
2.BREVITY
THE CONSTITUTION SHOULD BE APPLICABLE TO BE WHOLE COUNTRY.
3.COMPREHENSIVENESS
THE CONSTITUTION SHOULD NOT BE TOO RIGID TO HINDER THE PROCESS OF AMENDMENT WHEN NEEDED.
4.FLEXIBILITY
A GOOD CONSTITUTIO MUST CONTAIN THE FUNDAMENTAL RIGHTS OF THE PEOPLE.CHINA,AMERICA ETC DECLARATIOJ HAVE BEEN MADE.
5.DECLARATION OF RIGHTS
ANOTHER QUALITY OD A GOOD CONSTITUTIOS.THE JUDICIARY SHOULD FUNCTION FREELY AND ACT AS THE GUARDIAN OF THE PEOPLE WITHOUT FAVOUR OR FEAR
6.INDEPENDENCE OF JUDICIARY
IN A GOOD CONSTITUTION MENTUON MUST BE MADE,IT HELPS THE ESTABLISHMENT OF A WELFARE STATE.
7.DIRECTIVE PRINCIPLES OF STATE POLICY