Pol-Gov Lecture 2

Question 1

Definition of Constitution

Answer 1

Refers to “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.” It covers both written and unwritten constitutions.

Question 2

Constitution of the Philippines

Answer 2

May be defined as a written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

Question 3

What are the Nature, Purposes and Functions of a Constitution (2 answers)

Answer 3

1. Serves as the supreme or fundamental law
2. Establishes basic framework and underlying principles of government.

Question 4

Definition of “Serves as the supreme or Fundamental Law”

Answer 4

A constitution is the charter creating the government. It has the status of a supreme or fundamental law as it speaks for the entire peple from whom it derives its claim to obedience.

Question 5

Definition of “Establishes basic framework and underlying principles of government.”

Answer 5

The constitution is also referred to as the organic or basic law being or relating to the law by virtue of which the government exists as such.

Question 6

Constitutional Law

Answer 6

May be defined as that branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation.

• Refers to the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the cours (particularly the Supreme Court, being the court of last resort) of the provisions of hte Constitution in specific cases.

Question 7

Kinds of Constitutions (3)

Answer 7

1. As to their origin and history
2. As to their form
3. As to manner of amending them

Question 8

As to their origin and history (2)

Answer 8

1. Conventional or enacted
   
   • One which is enacted by a constituent assembly or granted by a monarch to his subjects like the constitution of Japan in 18889
2. Cumulative or Envolved
   
   • Like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

Question 9

As to their form (2)

Answer 9

1. Written
   
   • One which has been given definite written form at a particular time, usually by a specially constituted authority called a “constitutional convention”
2. Unwritten
   
   • One which is entirely the product of a political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.

Question 10

As to manner of amending them (2)

Answer 10

1. Rigid or Inelastic
   
   • One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.
2. Flexible or Elastic
   
   • One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws. The philippine Constitution may be classified as conventional or enacted, written, and rigid or inelastic. It was drafted by an appointive body called “Constitutional Commission”

Question 11

Advantages and Disadvantages of a Written Constitution (2)

Answer 11

1. It has the advantage of clearness and definiteness over an unwritten one. This is because it is prepared with great care and deliberation. Such a constitution cannot be easily bent or twisted by the legislature or by the courts, to meet the temporary fancies of the moment. Hence, the protection it affords and the rights it guarantees are apt to be more secure. Moreover, it is more stable and free rom all dangers of temporary popular passion.
2. Its disadvantage lies in the difficulty of its amendments. This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state.