Introduction

Question 1

According to Cooley (from Cruz, Constitutional Law), what is the comprehensive definition of “constitution?”

Answer 1

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

Question 2

In the American sense, define “constitution.”

Answer 2

A written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic (by Justice Miller, quoted by Bernas).

Question 3

In short, what is the “constitution?”

Answer 3

It is the supreme written law of the land.

Question 4

According to Dean Bautista, the Constitution is a social contract between what?

Clue: two (2)

Answer 4

The government (the governing)

The people (the governed)

Note: There is a dissenting opinion on this in that the government cannot be a contracting party because it is merely an “effect” or consequence of the social contract of the people.

Question 5

What is the purpose of the Constitution?

Answer 5

To prescribe the permanent framework of a system of government

To assign to the several departments their respective powers and duties

To establish certain first principles on which the government is founded

Question 6

Why would a society generally committed to majority rule choose to be governed by a document that is difficult to change?

Answer 6

To prevent tyranny of the majority

To protect itself from itself

To protect long term values from short term passions

Question 7

Is the Constitution a municipal law?

Answer 7

YES.

Question 8

Differentiate a “rigid” vs. a “flexible” constitution.

Answer 8

A rigid constitution is one that can be amended only by a formal and usually difficult process.

A flexible constitution is one that can be changed by ordinary legislation.

Question 9

Differentiate a “written” vs. an “unwritten” constitution.

Answer 9

A written constitution is one whose precepts are embodied in one document or set of documents.

An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources.

Question 10

Differentiate an “enacted or conventional” vs. a “cumulative or evolved” constitution.

Answer 10

An enacted or conventional constitution is formally struck off at a definitive time and place following a conscious effort taken by a constituent body or ruler.

A cumulative or evolved constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by systematic method.

Question 11

Describe the Philippine Constitution.

Answer 11

It is written, conventional, and rigid.

Question 12

What are the qualities of a good written constitution?

Answer 12

Broad

Brief

Definite

Question 13

What do you mean when you say a constitution is “broad?”

Answer 13

It provides for the organization of the entire government and covers all persons and things within the territory of the State and also because it must be comprehensive enough to provide for every contingency. (Cruz, Constitutional Law pp 5-6)

Question 14

What do you mean when you say a constitution is “brief?”

Answer 14

It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend. (Cruz, Constitutional Law pp 4-5)

Question 15

What do you mean when you say a constitution is “definite?”

Answer 15

It prevents ambiguity in its provisions which could result to confusion and divisiveness among the people. (Cruz, Constitutional Law pp 4-5)

Question 16

What are the essential parts of a good written constitution?

Answer 16

Constitution of government

Constitution of liberty

Constitution of sovereignty

Question 17

Define “constitution of government” as a part of a good written constitution.

Answer 17

series of provisions

outlining the organization of the government

enumerating its powers

laying down certain rules relative to its administration

defining the electorate

Question 18

Define “constitution of liberty” as a part of a good written constitution.

Answer 18

series of proscriptions

setting forth the fundamental civil and political rights of the citizens

imposing limitations on the powers of government as a means of securing the enjoyment of those rights

Question 19

Define “constitution of sovereignty” as a part of a good written constitution.

Answer 19

provisions pointing out the mode or procedure in accordance with the formal changes in the fundamental law may be brought about

Question 20

In Francisco vs. HR, the SC made reference to the use of well-settles principles of constitutional construction, namely:

Answer 20

Verba Legis

Ratio legis et anima

Ut magis valeat quam pereat

Question 21

What does “verba legis” mean?

Answer 21

Plain meaning rule.

Whenever possible, the words used in the Constitution must be given their ordinary meaning except when technical terms are employed.

Question 22

What does “Ratio legis et anima” mean?

Answer 22

Interpretation according to spirit

The words of the Constitution should be interpreted in accordance with the intent of the framers.

Question 23

What does “Ut magis valeat quam pereat” mean?

Answer 23

The Constitution has to be interpreted as a whole.