Philippine Constitution (UNIT 5-6) Flashcards
It is a written instrument by which the fundamental
powers of government are established, limited, and
defined and by which the powers are distributed among
several departments for their safe and useful exercise for
the benefit of the body politics.
Constitution
It is a written charter enacted and adopted by the
people of the state, through a convention of
representatives or in any way the people may choose to
act, which a government for them is ordained or
established
Constitution
Is a system for government, codified as a
written document, which contains fundamentals laws
and principles and established the structure, procedures,
powers and duties, of a government.
Constitution
Under this doctrine, if a law or contract violates any norm of the
Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the
Constitution is the fundamental, paramount, and supreme law of the
nation, it is deemed written in every statute and contract.
Constitution
This is formally struck off at a
definite time and place following a conscious or deliberate effort
taken by a constituent body or ruler
Conventional or enacted
the supreme law
of the Philippines. The Constitution currently in effect
was enacted in 1987, during the administration of
President Corazon C. Aquino, and is popularly known
as the
Philippine Constitution/ 1987 Constitution
Constitution for the Philippines were also drafted and adopted
during the short-lived governments of Presidents
Emilio Aguinaldo (1898)
and Jose P. Laurel (1943)
A Constitution that has been systematically and meticulously
written down and embodied in a single document is known
as a Written Constitution.
Written
The result of political evolution, not inaugurated at any specific
time but changing by accretion rather than by any systematic
method
Cumulative or evolved
the one in which no provisions or lawsof the constitution are set in writing but they are documented despite not being incorporated in a single book
Unwritten
evolves over a long
period with a new set of laws and guidelines being
added as time progresses
Unwritten Constitution
have been property framed
and compiled in a step by step matter with any
subsequent changes being added almost
instantaneously
Written Constitution
is supreme in a country where
there is an unwritten constitution
Parliament
This is above the ordinary law and can be changed
by a procedure, which is different from the procedure of ordinary law,
thus making it difficult to change. The objective is to emphasize that the
constitutional law embodies the will of the sovereign, and it should be
treated as sacred document.
Rigid or Inelastic
This can easily adopt the needs of people with the
change of time because of its elasticity. When the demands of people are
fulfilled by the constitution there is hardly any chance of revolution.
Flexible or elastic
since its outlines the objectives of the state not on a limited scope but in a measurable extent. It is a written instrument that should not
contain many details in form.
Brief
in its extent with the purpose of outlining the framework of the
organization of the state. A declaration of domains and functions of the
government, and the interrelationships between those in power and the
governed, necessitates an extensive or broad document.
Broad
The possible inclusion of vague or unclear words or phrases
having two or more possible meanings may cause conflict of interpretation.
Definite
(Provisions which set up the governmental structure)
Articles VI, VII, VIII, IX, and X
Constitution of Government
Called to Congress. By a vote of 2/3 of its members or by a majority vote of all its members, submit such questions to the electorate.
Constitutional Convention
By people upon a petition of at least 12% of the total number of registered voters.
People Initiatives
(Provisions that guarantee individual fundamental liberties against governmental abuse)
Articles III, IV, V, XII, XIII, XIV & XV)
Constitution of Liberty
By Congress upon a vote of ¾ of all its members acting
as a constituent assembly
Proposal
(Provisions which outline the process whereby the sovereign people may change the constitution) Articles II, Section 1 and XVII
Constitution of Sovereignty