Introductory Concepts Flashcards
The following pertain to the Constitution, except:
It is a system of fundamental laws for the governance and administration of a nation.
It sets forth rights governing the people and among each other.
It prescribes the permanent framework of a system of government, assigns to the different departments their respective powers and duties, and establishes certain fixed principles on which government is founded.
It is the fundamental and paramount law of the land to which all other laws must conform.
It sets forth rights governing the people and among each other.
A/An _________ Constitution is one which was struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler.
Enacted
Which essential part of a written constitution lays down the procedure in accordance with which formal changes in the fundamental law may be brought about?
Constitution of Government
Constitution of Power
Constitution of Liberty
Constitution of Sovereignty
Constitution of Sovereignty
A quality of a good written Constitution is that it is ________. Thus, it must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend.
brief
A/An _________ Constitution is one which can be amended only by a formal and usually difficult process.
rigid
A/An _________ Constitution is one whose precepts are embodied in one document or set of documents.
written
The following are characteristics of Political Law, except:
It is a branch of public law.
It deals with the organization and operation of the governmental organs of the state.
It deals with the contracts and agreements entered into by private parties.
It defines the relations of the state with the inhabitants of its territory.
It deals with the contracts and agreements entered into by private parties.
A quality of a good written Constitution is that it is ________. It is not just because it provides for the organization of the entire government and covers all persons and things within the territory of the state, but also because it must be comprehensive enough to provide for every contingency.
broad
The following are within the scope of study of Constitutional Law, except:
Organization, operation, and powers of the House of Senate
Issues concerning the allegiance of an individual to the Philippines
Rights of the people as against the powers of the state
Organization, operation, and powers of local government units
Organization, operation, and powers of the House of Senate
Based on Preamble allegiance of the individual - patrimony rights of the people - sovereignty org, op and lgu - government-autonomy of lgu (art2,sec 25)
A/An ________ Constitution is one which consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles.
unwritten
The following are within the scope of study of Political law, except:
Law on Municipal Corporations
Election Laws
Conflict of Laws
Administrative Law
Conflict of Laws
In the case of Macariola vs. Asuncion, the Supreme Court characterized Article 14 of the Code of Commerce as:
Political Law because it regulates the conduct of a public official with respect to engaging in business.
Commercial Law because it deals with a prohibition on a class of people from entering into private contracts.
Commercial Law simply because it is embraced by the Code of Commerce; and a provision of the law must be read in relation to the other provisions of the same law.
Political Law because it deals with the operation of the governmental organs of the state.
Political Law because it regulates the conduct of a public official with respect to engaging in business.
A/An _______ Constitution is one which is a result of political evolution, not inaugurated at any specific time but changing by accretion rather than any systematic method.
evolved
Which essential part of a written constitution sets forth the fundamental civil and political rights of citizens and imposes limitations on the powers of government?
Constitution of Liberty
Constitution of Sovereignty
Constitution of Government
Constitution of Power
Constitution of Liberty
Which essential part of a written constitution outlines the organization of the government, enumerates its powers, and lays down rules relative to its administration?
Constitution of Sovereignty
Constitution of Power
Constitution of Government
Constitution of Liberty
Constitution of Government
POLITICAL LAW is a branch of public law that deals with the (a)____________ of the State, and (b)____________ of the state with the inhabitants/constituents of its territory. Political law embraces constitutional law, law of public corporations, administrative law including the law on public officers and election.
a. organization and
operations of governmental organs
b. governs the relations
_______ is that which governs relations of the individual with the State or ruler or community as a whole. This includes Political Law, Criminal Law and Law on Taxation.
Public law
_______ regulates the relations of the members of a community with one another . This includes Civil Law, Labor Law and Commercial Law
Private law
The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State (Article II) and the liberty as guaranteed by the bi ll of rights (Article III).
Constitutional law
That are the 3 inherent powers of the state?
Police power
Power of eminent domain
Power of taxation
Refers to power of state to regulate property and liberty
for the promotion of public good for public purpose or use but to the payment of just compensation
o Purpose : for public good or welfare
Police power
Refers to inherent power of state to take away private property
o Purpose : for public use
Power of eminent domain
Refers to the inherent power of state to demand from you,
members of society, our proportionate contribution for the operation and maintenance of the govt
o Purpose : for revenue generation
Power of taxation
