General Considerations Flashcards
What is political law?
branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the state with the inhabitants of its territory
What is constitutional law
study of structure and powers of the Government of the Philippines. Also deals with concepts of political law like the nature of the state, the supremacy of the constitution, and the rule of the majority
That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised
Constitution
Function of the Constitution
to establish a framework and system of government, and to establish principles this government should stand on
Constitution of Government
framework of govt, structure, powers, electorate
Constitution of liberty
rights of people and limits of govt
Constitution of sovereignty
ways in which the constitution can be amended
Doctrine of Constitutional Supremacy
constitution is the basic and paramount law to which all laws must conform and to which all persons, including the highest officials of the land must defer
What is a self-executing provision?
provision in the Constitution is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected
What’s a non-self-executing provision?
a provision which lays down a general principle is usually not self-executing
Part of the Constitution providing for amendments and revisions
Article XVII, Section 1-4
Requirements for people’s initiative
- ) petition signed by 12% of voting population
- 2.) represented by 3% of registered voters of each legislative district
- ) not held more than once every five years
- ) applies to amendments only
How is a revision identified?
a. Quantitative test
b. Qualitative test
What is an ammendment?
isolated or piecemeal change; adds, alters, reduces, deletes (without changing a basic principle)
Article XVII, Section 4. Provides that an amendment or revision can only be ratified through ________.
Majority vote of a plebiscite