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