General Principles Flashcards
Political Law defined?
That 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
Constitutional Law defined?
The study balance between the three powers of the State and liberty
Constitution defined?
That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised
Qualities of a Good Written Constitution?
Broad. Not just because it provides for the organization of the entiregovernment and covers all persons and things within the territory of the State but because it must be comprehensive enough to provide for every contingency.
Brief. It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend.
Definite. To prevent ambiguity in its provisions which could result in confusion and divisiveness among the people
Essential Parts of a Constitution
Constitution of Liberty. The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights,
Constitution of Government. The series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate,
Constitution of Sovereignty. The provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about
Interpretation/Construction of the Constitution?
verba leais. whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed
ratio leqis et anima.The words of the Constitution should be interpreted in accordance with the intent of the framers
Constitution has to be interpreted as a whole.
In case of doubt, the provisions should be considered selfexecuting; mandatory rather than directory; and prospective rather than retroactive.
Brief Constitutional History?
The Malolos Constitution, 1896; The American Regime and the Organic Acts; The 1935 Constitution; Japanese (Belligerent) Occupation; The 1973 Constitution; The 1987 Constitution, February 25, 1986,
Revision?
Revision broadly implies a change that alters a basic principle in the Constitution, like altering the principle of separation of powers or the system of checks and balances. There is also revision if the change alters the substantial entirety of the Constitution.
Amendment?
Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved. Revision generally affects several provisions of the Constitution; while amendment generally affects only the specific provision being amended.
What is the case of Lambino v. Comelec? What happened?
The Lambino proposal constituted a revision, not simply an amendment, of the Constitution, because it involved a change in the form of government, from presidential to parliamentary, and a shift from the present bicameral to a a unicameral legislature
What are the steps in amending the Constitution?
Proposal;
A proposed amendment may come from?
Congress by a vote of majority or 3/4 of its members;
Constitutional Convention 2/3 vote of Congress;
People, through the power of initiative;
What do mean by the Congress? vote of majority or 3/4 of its members?
House of Rep and Senate; 3/4% senate vote and 3/4% House vote.
If such vote is not obtained, by a majority vote of all the members of Congress with the question of whether or not to call a Convention to be resolved by?
Resolved by the people in a plebiscite.
Requisite of People, through the power of initiative?
A petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein.
