Main Topic IV Flashcards
“highest expression of the law”
constitution
establishes the character and basic principles of the government
constitution
a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed
constitution
what country has the longest written constitution of any sovereign country in the world
India
what country has the shortest written constitution
Monaco
Purposes of a constitution
- prescribes the framework of the system
- creates the different departments with their respective functions and duties
- source of sovereign powers by establishing the principles on which the government is founded
- promotes public welfare
classification of a constitution
- written and unwritten
- cumulative/evolved and conventional/enacted
- rigid and flexible
It is one in which most of its provisions are embodied in a
single formal written instruments or instruments.
Written Constitution
Also a work of conscious art and the result of a deliberate effort to lay down a body of fundamental principles
Written Constitution
one in which it is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactment of a fundamental character, and bearing different dates
Unwritten Constitution
Example of a written constitution
US Constitution
A constitution in which it has its origins mainly in custom, common law principles; decisions of the courts
Cumulative/Evolved Constitution
Example of Unwritten Constitution
English Constitution
a product of historical evolution and growth rather than of deliberate and formal enactment
Cumulative/Evolved Constitution
a constitution that is struck of at a definite time and place
Conventional/Enacted Constitution
one which has been formulated usually by constitutional assembly or promulgated by the King.
Conventional/Enacted Constitution
has no formal starting point, not struck of at a specific date, and changes by slow gradual accretion
Cumulative/Evolved Constitution
Example of a Rigid Constitution
Philippine and US Constitution
It is one that can be amended only by a formal and usually difficult process.
Rigid Constitution
It is one that can be altered by the same body that makes ordinary law of the state.
Flexible Constitution
Who drafted the 1897 Phil Constitution
Felix Ferrer and Isabelo Artacho
Example of a Flexible Constitution
Great Britain, Hungary, Italy, and Spain Constitution
Essential Qualities of a Constitution
Broad, Brief, Definite
Parts of the Philippine Constitution
- Constitution of Government
- Constitution of Liberty
- Constitution of Sovereignity