EVOLUTION OF THE CONSTITUTION Flashcards
the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
Constitution
a system for government, codified as a written document, which contains fundamental laws and principles. It usually contains fundamental political principles, and establishes the structure, procedures, powers and duties, of a government.
Constitution
What is the Supreme law of the Philippines
The Philippine Constitution
Nature and purpose
It is the Charter creating the government
It is binding to all individual citizens and all organs of the government
It is the law to which all other laws must conform
It is the test of the legality of all governmental actions
Serves as the supreme or fundamental law
Establishes the basic framework and underlying principles of government
Nature and Purposes
Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers and duties. (Art.I)
To establish certain basic principles on which the government is founded. (Preamble, Art.I)
Designed to preserve and protect the rights of the citizen against the Powers of the State. (Art III)
It is defined as the branch of public law which deals with constitution: their nature, formation, amendment, and interpretation.
Constitutional law
It is also the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts, specifically the Supreme Court
Constitutional Law
one which is enacted by a constituent assembly or granted by a monarch to his subjects (e.g. Constitution of Japan)
Enacted/Conventional
Cumulative/Evolved
one which is a product of a long period of development originating in customs, traditions, judicial decisions etc, rather than from deliberate and formal enactment. (e.g. English Constitution)
Typology of Constitution
As to origin and history:
Enacted/Conventional
Cumulative/Evolved
one which has been given definite form at a particular time, usually by a specially constituted authority called a “constitutional convention” or “constitutional commission”.
Written Constitution
Unwritten Constitution
Unwritten Constitution—one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions.
Typology of Constitution
As to form
Written
Unwritten
one regarded as a document of special sanctity, which can not be amended or altered except by some special machinery other than ordinary legislative process.
Rigid or inelastc
one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.
Flexible or elastic
The 1987 Philippine Constitution’s type is….
Type:
is thus a conventional/enacted ,
written,
and rigid/inelastic constitution
Pros of a written constitution
It has the advantage of clearness and definiteness over an unwritten one. Since the written constitution is a binding document, the rights of the citizen is more secured.
Cons of a written constitution
Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed reforms and may thereby retard the healthy growth and progress of the State.
Requisites Of A Good Written Constitution
- BRIEF
- BROAD
- DEFINITE
Requisites Of A Good Written Constitution
because otherwise the application of its provision to concrete situations may prove unduly difficult if not impossible.
Definite
Requisites Of A Good Written Constitution
because a statement of the powers and functions of government, and of the relations between the governing body and the governed, requires that it be as comprehensive as possible.
Broad
Requisites Of A Good Written Constitution
because if a constitution is too detailed, it would lose the advantage of a fundamental law.It would never be understood by the public.
Brief
a provisionary Constitution of the country during the Phil Revolution in 1897
1897: Constitution of Biak-na-Bato
promulgated by the Philippine Revolutionary Government on Nov.,1897
based on theCuban Constitution was also drafted by Felix Ferrer and Isabelo Artacho.
1897: Constitution of Biak-na-Bato
provided for the establishment of a Supreme council that would serve as the highest governing body of the Republic.
It also outlined certainbasic humanrights, such as freedom of religion, freedom of the press, and the right to education.
1897: Constitution of Biak-na-Bato
Emilio Aguinaldo and Mariano Trias were elected Supreme Council president and vice president, respectively.
It operated only from Nov.1, 1897 to Dec 14, 1897
1897: Constitution of Biak-na-Bato
It operated only from Nov.1, 1897 to Dec 14, 1897
1897: Constitution of Biak-na-Bato
first Philippine Constitution written by Felipe Calderon & Felipe Buencamino
Malolos Constitution
first republican constitution in Asia
was drafted and adopted by the First Philippine
Republic, which lasted from
1899 to 1901.
Malolos Constitution
This constitution was in operation from Jan 23, 1899 to March 23, 1901
Malolos Constitution
Features of the Malolos Constitution
Democratic in its aspect
Is divided into 3 branches; legislature is the most powerful ,which is unicameral
Safeguard against abuses was provided
Written by Claro M. Recto
1935: The Commonwealth Constitution
created in accordance with the establishment of the Commonwealth Republic
1935: The Commonwealth Constitution
Tydings-Mcduffie Law of 1934 caused the drafting of the 1935 constitution
effectivity was halted during the Japanese occupation but continued in 1946 until 1972
1935: The Commonwealth Constitution
constitution had to be approved by Pres. Franklin Roosevelt
ratification of constitution included women for the first time
1935: The Commonwealth Constitution
Features of the 1935 constitution
- Established a the Commonwealth government
- Provided a democratic and republican government
- Inclusion of the Bill of Rights
Constitution of the Republic of the Philippines, composed of a preamble and twelve articles, creates a Republican state with a powerful executive branch and subordinate legislative and judicialbranches.
1943 Philippine constitution
was recognized as legitimate and binding only in Japanese-controlled areas of the Philippines but was ignored by the United States government and the Philippine Commonwealth government in-exile
1943 constitution
Constitution of the Republic of thePhilippines The 1973 Constitution Ratified on January 17, 1973
1973: Constitutional Authoritarianism
1973: Constitutional Authoritarianism features:
a) Establishment of a modified parliamentary government.
b) Suspension of the Bill of Rights.
c) Has given greater power to the Executive Department.
1987: Constitution After Martial Law Features
a) Reinstitution of a Democratic Government
b) Separation of Church and State
c) Sovereignty of the people
d) Renunciation of war as a national policy
e) Supremacy of Civilian authority over the military
f) Separation of Powers
Order of the Constitutions
- Constitution of Biak-na-bato
- Malolos Constitution
- Commonwealth constitution
- Constitution of the Republic of the Philippines\
- Constitutional Authoritarianism
- Constitution after Martial Law
