Introduction to Constitution Flashcards
The fundamental law of a state
Constitution
A body of rules and principles that prescribes the structure and powers of the government
Constitution
It protects the basic rights and freedoms of the people
Constitution
A written instrument by which the fundamental powers of the government are established, limited, and defined
Constitution
The three purposes of constitution
- Serves as the fundamental law
- Establishes framework of the government
- Determines rights and duties of the citizens
True or False: No other law is above the constitution.
True
True or False: The constitution is the law that all other laws must conform.
True
It serves as the basis of legality of all processes of the government
Constitution
This implies the supremacy of the constitution. What purpose of the constitution does this refer to?
The constitution serves as the fundamental law of the state.
It prescribes the basic structure of the government.
Constitution
It distributes governmental powers and functions into different branches.
Constitution
It provides principles to abide to prevent the abuse of authority.
Constitution
The constitution prescribes the basic structure of the government. What purpose of the const. is this referring to?
The constitution establishes the framework of the government.
True or False: Most constitutions include a declaration of basic rights for the citizens.
True
The constitution establishes basic rights and freedoms and determines safeguards that will prevent the abuse of liberties. What purpose of the constitution does this refer to?
The constitution determines the rights and duties of citizens.
Kinds of Constitution According to Origin:
- Conventional
- Cumulative
A kind of constitution established by a constituent assembly.
Conventional or Enacted Constitution
Synonym for conventional constitution
Enacted constitution
When is a constitution deemed conventional?
When it is given by the ruler to their subordinates
What constitutions serve as examples of conventional constitution?
- 1889 Japan Constitution
- 1987 Philippine Constitution
An elected body or group of people whose purpose is to draft a constitution.
Constituent Assembly
Synonym for cumulative constitution
Evolved constitution
This constitution is a product of growth or a long period of development originating in other forms than a deliberate and formal enactment.
Cumulative or Evolved Constitution
True or False: The Philippine Constitution in 1987 is an example of a cumulative constitution.
False, conventional or enacted constitution
What country is the best example of a cumulative or evolved constitution?
The English Constitution
Why is the English constitution considered a cumulative constitution?
Because of its historical development, incorporation of various legal documents, statutes, common law principles, and conventions. It doesn’t adhere to forms of formal enactment.
Kinds of Constitution According to Form
- Written
- Unwritten
A kind of constitution that has a definite written format on a particular time.
Written Constitution
A kind of constitution that is usually drafted by an assembly.
Written Constitution
A kind of constitution codified in a single document or sets of legal documents.
Written Constitution
A kind of constitution not embodied on a single document.
Unwritten Constitution
A kind of constitution existing in an abstract sense.
Unwritten Constitution
A kind of constitution consisting of customs and practices evolving over a long period of time.
Unwritten Constitution
True or False: The cumulative nature of the English constitution makes it a written constitution.
False, an unwritten constitution
Kinds of Constitution According to Manner of Amendment
- Rigid
- Flexible
True or False: The 1987 Philippine Constitution is an example of an unwritten constitution.
False, written constitution
A kind of constitution that can be amended or revised but would undergo a long and arduous process involving overcoming constitutional obstacles.
Rigid Constitution
What is an example of a constitutional obstacle?
The approval of people and majority in the legislature
A kind of constitution that has to follow safeguards and procedures before official revision or change.
Rigid Constitution
A kind of constitution that can be changed through ordinary legislative procedures.
Flexible Constitution
A kind of constitution that can easily be amended as there is no special process or procedure that must be done.
Flexible Constitution
True or False: The English constitution is an example of a rigid constitution.
False, a flexible constitution.
Characteristics of a Good Constitution as to Form
- Brief
- Broad
- Definite
The constitution outlines the structure of the government of the whole state and the rights of the citizens for the public to understand. What characteristic of a good const. is this referring to?
The constitution must be brief.
The constitution provides a comprehensive or complete statement of the powers and functions of the government.
The constitution must be broad.
The constitution describes the relations between the governing body and the governed. What characteristic of a good const. does this refer to?
The constitution must be broad.
The constitution must be all-inclusive. What characteristic of a good constitution does this refer to?
The constitution must be broad.
The constitution clearly states its contents. What characteristic of a good const. does this refer to?
The constitution must be definite.
Any vagueness in the constitution may lead to opposing interpretations of essential features, causing harm. What characteristic of a good const. does this refer to?
The constitution must be definite.
Characteristics of a Good Constitution According to Contents
- Constitution of Government
- Constitution of Liberty
- Constitution of Sovereignty
A part of the constitution that provides the framework of the government and its powers.
Constitution of Government
A part of the constitution that sets forth the fundamental rights of the people.
Constitution of Liberty
A part of the constitution imposing certain limitations on the powers of the government as a means of securing the enjoyment of citizens’ rights.
Constitution of Liberty
A part of the constitution that points out the mode or procedure for amending or revising the constitution.
Constitution of Sovereignty
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
Preamble word derivation
Preambulare
Preambulare means?
“to walk before”
It is the prologue of the constitution.
Preamble
It is defined as an introduction of the main subject.
Preamble
True or False: Majority of the constitutions around the world do not contain a preamble.
False
True or False: A preamble is an essential part of the constitution.
False
True or False: The preamble is still a source of rights and governmental power.
False
It states the general purposes intended to be achieved by the constitution and the government.
Preamble
The two purposes of writing a preamble
- Sets down origin and purposes of the constitution
- May serve as an aid in its interpretation
The preamble provides the outline of and the spirit behind the constitution. What purpose of preamble does this pertain to?
The preamble sets down the origin and purposes of the constitution.
The preamble gives us an idea who the authors are and their intentions of writing it and the constitution. What purpose of preamble does this pertain to?
The preamble sets down the origin and purposes of the constitution.
The preamble provides an aid in determining the meaning of vague or ambiguous content of the constitution. What purpose of preamble does this pertain to?
The preamble may serve as an aid in its interpretation.
Some words or phrases within the constitution proper may be subject to multiple interpretations. What purpose of preamble does this pertain to?
The preamble may serve as an aid in its interpretation.
By knowing the intent of the writers of the constitutions through the preamble, the real meaning of the content can be known. What purpose of preamble does this pertain to?
The preamble may serve as an aid in its interpretation.
The Five Main Constitutions of the Philippines
- The 1899 Malolos Constitution
- The 1935 Constitution
- The 1943 Constitution
- The 1973 Constitution
- The 1987 Constitution
The first Philippine constitution
Malolos Constitution of 1899
The first republican constitution in Asia
Malolos Constitution of 1899
Who promulgated the Malolos Constitution?
President Aguinaldo
This constitution paved the way to launching the first Philippine Republic and the establishment of the basic government structure.
Malolos Constitution
This constitution was inspired by the constitutions of Mexico, Guatemala, Brazil, Costa Rica, Belgium, and France
Malolos Constitution
What law was empowered to form the 1935 constitution?
Tydings-McDuffle Law
A constitution formed by Filipinos during the American era
1935 Constitution
This constitution was heavily influenced by the constitution of the United States
1935 Constitution
This constitution is by the Japanese-sponsored Second Republic of the Philippines (1943-1945)
1943 Constitution
True or False: The 1943 constitution was recognized as legitimate and binding in all parts of the Philippines.
False, only in the Japanese-controlled areas of the country
This constitution was ignored by the US government and the PH Commonwealth government in exile
The 1943 Constitution
This constitution was framed during the administration of President Marcos
1973 Constitution
This constitution was influenced by the 1935 Constitution with reference to the Malolos Constitution
1973 Constitution
This constitution paved the way to the changing of the presidential system of the country to parliamentary and gave power to the president during this time to issue decrees
1973 Constitution
This constitution was framed after the fall of the Marcos Administration
1987 Constitution
This constitution was framed with the intentions of establishing the fundamental ideals and principles of democracy.
1987 Constitution
Who was the new president during the 1987 Constitution?
Cory Aquino
The provisions of this constitution placed emphasis on providing protection for basic rights and prevention of further abuse of authority.
1987 Constitution
The Table of Contents of the PH Constitution
Preamble l
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions