Political Law Review

Question 1

Political Law definition

Answer 1

That branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (People v Perfecto, 43 Phil. 887 ; Macariola v Asuncion, AM No. 133-J, May 31, 1982)

Question 2

Scope and Divisions of Political Law

Answer 2

1) Constitutional Law - the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. (Cruz, Constitutional Law, 1993 ed., p. 1)

2) Administrative Law - that branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights.

3) Law on Municipal Corporations

4) Law on Public Officers

5) Election Laws

Question 3

Basis of the Study of Political Law

Answer 3

1) 1987 Constitution

2) 1973 and 1935 Constitution

3) Other organic laws made to apply to the Philippines, e.g. Philippine Bill of 1902, Jones Law of 1916, and Tydings-McDuffie Law of 1934

4) Statutes, executive orders and decrees, and judicial decisions

5) US Constitution

Question 4

Nature of the Constitution

Answer 4

1) Constitution defined - that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

• that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.

2) Purpose - to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which government is founded.

3) Classification

(a) written or unwritten
(b) enacted (conventional) or evolved (cumulative)
(c) rigid or flexible

4) Qualities of a good witten Constitution