General Considerations Flashcards

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1
Q

What is political law?

A

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

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2
Q

What is constitutional law

A

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

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3
Q

That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised

A

Constitution

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4
Q

Function of the Constitution

A

to establish a framework and system of government, and to establish principles this government should stand on

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5
Q

Constitution of Government

A

framework of govt, structure, powers, electorate

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6
Q

Constitution of liberty

A

rights of people and limits of govt

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7
Q

Constitution of sovereignty

A

ways in which the constitution can be amended

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8
Q

Doctrine of Constitutional Supremacy

A

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

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9
Q

What is a self-executing provision?

A

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

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10
Q

What’s a non-self-executing provision?

A

a provision which lays down a general principle is usually not self-executing

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11
Q

Part of the Constitution providing for amendments and revisions

A

Article XVII, Section 1-4

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12
Q

Requirements for people’s initiative

A
  1. ) petition signed by 12% of voting population
  2. 2.) represented by 3% of registered voters of each legislative district
  3. ) not held more than once every five years
  4. ) applies to amendments only
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13
Q

How is a revision identified?

A

a. Quantitative test

b. Qualitative test

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14
Q

What is an ammendment?

A

isolated or piecemeal change; adds, alters, reduces, deletes (without changing a basic principle)

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15
Q

Article XVII, Section 4. Provides that an amendment or revision can only be ratified through ________.

A

Majority vote of a plebiscite

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16
Q

Four Philippine Constitutions

A
  1. ) 1935
  2. ) 1975
  3. ) Freedom Constitution of 1986
  4. ) 1987 Constitution
17
Q

Two ways to Congress can call for a Con Con

A
  1. ) 2/3 vote of both houses
  2. ) by majority vote of all its members, submit to the electorate the question of calling for a constitutional convention
18
Q

Who can propose amendments and revisions to the Constitution?

A
  1. ) Congress through Con Ass, 3/4 vote
  2. ) Constitutional convention
  3. ) People (amendment only)