Laws: Constitution & Statute Flashcards
science of moral rules, founded on the rational nature of man, which governs his free activity, for the realization of the individual and social ends, of a nature both demandable and reciprocal .
General
Specific
General
rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit
General
Specific
Specific
Is vested in 1 Supreme Court and in such lower courts as may be established by law
Judicial power
determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
Judicial power: Expanded Concept
settle actual controversies involving rights which are legally demandable and enforceable,
Judicial power: Traditional Concept
Power to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation UNCONSTITUTIONAL. - Also includes the duty to rule on the CONSTITUTIONALITY of the application, operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulation
Judicial review
“let the decision stand.”
Stare Decisis
to adhere to precedent and not to unsettle things that are settled”
stare decisis et non quieta movere
the authority to make, amend, or repeal laws - it vested in the Congress of the Philippines, that is, the Senate and HOR, except to the extent reserved to the people by the provision on initiative and referendum
Legislative Power
A general measure or a legislative proposal. If passed upon, may become a law. When passed by both Senate and HOR in identical form and signed by the President or repassed by Congress over a presidential veto, a bill becomes a law.
Bill
requires the approval of both houses and the President’s signature. It has the force and effect of law if approved. It is used when dealing with a single item or issue. May also be used for proposing amendments to the Constitution
Joint resolution
Used for matters affecting the operations of both houses, used to fix the time of adjournment of a Congress and to express the “sense of Congress on an issue”. Must be passed in the same form by both of them. Does not necessitate the President’s signature. Does not have the force of law
Concurrent resolution
Deals with matters entirely within the prerogative of one house of Congress (e.g., adopting or receiving its own rules) - It is not considered by the other chamber - Does not necessitate the President’s signature - Does not have the force of law - Oftentimes used to call for a congressional action on an issue affecting national interest - Occasionally used to express the opinion of a single house on a current issue
Simple resolution
enforceable throughout the entire territory of a state, is applicable to all people, or applicable to all persons in the same class if the law applies to a specific class
General Laws-
Limited to a specific territory of a state or is applicable to a particular be person.
Special Laws
