Introduction Flashcards
According to Cooley (from Cruz, Constitutional Law), what is the comprehensive definition of “constitution?”
That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.
In the American sense, define “constitution.”
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).
In short, what is the “constitution?”
It is the supreme written law of the land.
According to Dean Bautista, the Constitution is a social contract between what?
Clue: two (2)
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.
What is the purpose of the Constitution?
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
Why would a society generally committed to majority rule choose to be governed by a document that is difficult to change?
To prevent tyranny of the majority
To protect itself from itself
To protect long term values from short term passions
Is the Constitution a municipal law?
YES.
Differentiate a “rigid” vs. a “flexible” constitution.
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.
Differentiate a “written” vs. an “unwritten” constitution.
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.
Differentiate an “enacted or conventional” vs. a “cumulative or evolved” constitution.
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.
Describe the Philippine Constitution.
It is written, conventional, and rigid.
What are the qualities of a good written constitution?
Broad
Brief
Definite
What do you mean when you say a constitution is “broad?”
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)
What do you mean when you say a constitution is “brief?”
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)
What do you mean when you say a constitution is “definite?”
It prevents ambiguity in its provisions which could result to confusion and divisiveness among the people. (Cruz, Constitutional Law pp 4-5)
What are the essential parts of a good written constitution?
Constitution of government
Constitution of liberty
Constitution of sovereignty
Define “constitution of government” as a part of a good written constitution.
series of provisions
outlining the organization of the government
enumerating its powers
laying down certain rules relative to its administration
defining the electorate
Define “constitution of liberty” as a part of a good written constitution.
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
Define “constitution of sovereignty” as a part of a good written constitution.
provisions pointing out the mode or procedure in accordance with the formal changes in the fundamental law may be brought about
In Francisco vs. HR, the SC made reference to the use of well-settles principles of constitutional construction, namely:
Verba Legis
Ratio legis et anima
Ut magis valeat quam pereat
What does “verba legis” mean?
Plain meaning rule.
Whenever possible, the words used in the Constitution must be given their ordinary meaning except when technical terms are employed.
What does “Ratio legis et anima” mean?
Interpretation according to spirit
The words of the Constitution should be interpreted in accordance with the intent of the framers.
What does “Ut magis valeat quam pereat” mean?
The Constitution has to be interpreted as a whole.
