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Constitutional Law > Preliminaries of the Constitution > Flashcards

Preliminaries of the Constitution Flashcards

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1
Q

What are the two steps in the amendment or revision of the Constitution?

A

Proposal and Ratification

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2
Q

Who may propose an Amendment or a Revision?

A

Congress, Constitutional Convention, and the People

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3
Q

What is the voting requirements for the Congress acting as a Constituent Assembly to propose an amendment or revision?

A

3/4 of the ALL its members of each house in joint session assembly by voting separately

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4
Q

What is the difference between the Congress as a Constituent Assembly and as a Legislative Body?

A

The Congress as a Constituent Assembly, its primary function is to propose amendments or revisions to the Constitution. Whereas the Congress as a Legislative Body is responsible for making, amending, and repealing laws.

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5
Q

What is the voting requirements for a Constitutional Convention?

A

2/3 of ALL its members

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6
Q

What are the three theories on the relative position of the Constitutional Convention vis-a-vis the regular departments of the government?

A
  1. Theory of Conventional Sovereignty: It is supreme over the other departments of the government because the power it exercises are in the nature of sovereignty powers.
  2. Is inferior to the other departments of the government since it’s merely a creation of a legislature
  3. As long as it exists and confines itself within the sphere of its jurisdiction, it must be considered independent of and co-equal with the other departments of the government.
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7
Q

What are the requirements for a People’s Initiative

A

12% of the total registered votes; 3% of the registered voters of each legislative district

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8
Q

What are the three systems of initiatives?

A

Petition proposing amendments to:
1. Initiative on the Constitution
2. Initiative on the Statute
3. Initiative on the Local Legislation (regional, provincial, city, municipal, barangay law, resolution or ordinance)

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9
Q

What are the two main requirements for a People’s Initiative?

A
  1. The people must author and thus sign the entire proposal. No agent or representative can sign on their behalf.
  2. The proposal must be embodied in the petition
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10
Q

What are the rules on Ratification?

A
  1. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of votes held in a plebiscite which shall be held which shall be held not earlier than 60 days and nor later than 90 days after the approval of such amendment or revision.
  2. Any amendment under Section 2 hereof shall be valid when ratified by a majority of votes held in a plebiscite which shall be held which shall be held not earlier than 60 days and nor later than 90 days after the certification by the Commission on Elections of the sufficiency of the petition.
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11
Q

What is the definition of a State?

A

A State is a community of persons occupying a fixed territory, and possessed of an independent government organized for political ends in which the body of inhabitants render habitual obedience.

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12
Q

What is the difference between a Nation and a State?

A

A Nation refers to a membership or belongingness due to cultural and social ties whereas a State refers to membership based on political ties. A Nation also indicates a relation of birth or origin and implies a common race. The State is a legal concept while the nation is a racial or ethnic concept.

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13
Q

What are the four elements of a state?

A
  1. People
  2. Territory
  3. Government
  4. Sovereignty
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14
Q

Define People and its characteristics.

A

People refers to the inhabitants of the state. The people must be numerous enough to be self-sufficing and be able to defend themselves, but small enough to be easily administered and sustained.

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15
Q

Define Territory and its characteristics.

A

Territory refers a fixed portion on the surface of the earth inhabited by the People of the State. It must not be too big that it is difficult to administer, and not to small to be unable to provide the needs of the people.

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16
Q

What are the components of a territory?

A
  1. Territorial Domain (land mass)
  2. Fluvial Domain (internal waters, e.g. rivers and lakes)
  3. Aerial Domain (air space above the land and waters)
  4. Maritime (territorial sea, external waters)
17
Q

What does the UNCLOS aim to balance?

A

State sovereignty (mare clausum) and principle of freedom of the high seas (mare liberum)

18
Q

What are the different zones under UNCLOS?

A
  1. Maritime zone (12 nautical miles from baseline)
  2. Contiguous zone (24 nautical miles from baseline)
  3. Economic Zone (200 nautical miles from baseline)
  4. Continental Shelves
19
Q

What is the main purpose of UNCLOS?

A

It clarifies the sovereignty and jurisdiction of the Philippines.

20
Q

Define Government

A

The government is the agency or instrumentality through which the will of the state is formulated, expressed, and realized.

21
Q

What are the two functions of the government?

A

Constituent and Ministrant
1. Constituent functions constitute the very bonds of society and are therefore compulsory (keep of order; protecting the family)
2. Ministrant functions are those undertaken to advance general interests of society, such as public works, public charity, and regulation of trade and industry.

22
Q

What is the doctrine of parens patriae

A

This means parents of his her country or guarding of the rights of the people. Provider of protection to those who are unable to care for themselves.

23
Q

What are the kinds of de facto government?

A
  1. By Revolution, Insurrection, or Cessation: the government that gets possession and control of, or usurps, by force or by the voice the majority, the rightful legal government and maintains itself against the will of the latter.
  2. Against the Parents State: That was established as an independent government by inhabitants of a country who rise in insurrection against the parent state.
  3. By Invasion: That which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force.
24
Q

What is the difference between a De Jure and De Facto Government?

A
  1. De Jure - has rightful title but no power or control, either because this has been withdrawn from it, or because it has not yet actually entered into exercise thereof
  2. De Facto - A government of fact that exercises power or control without the legal title.
25
Q

Define government agency

A

Any of the various units of the Government of the Philippines including a department, bureau, office, instrumentality, or government owned, or controlled corporation, or a local government, or a distinct unit.

26
Q

What is the difference of Government and Administration?

A
  1. Government: Agency or instrumentality through which the will of the state is formulated, expressed, and realized.
  2. Administration: Group of persons in whose hands the reins of government are for the time being.
27
Q

Define Sovereignty and its characteristics.

A

Refers to the supreme and uncontrollable power inherent in a State by which the state is governed.

Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible.

28
Q

What are the kinds of sovereignty?

A
  1. Legal Sovereignty - authority which has the power to issue final commands
  2. Political Sovereignty - the power behind the legal sovereignty, or the sum of the influences that operate upon it.
  3. Internal Sovereignty - the power of the state to control its domestic affairs
  4. External Sovereignty - the power of the state to direct its relations with other states (also known as independence)
29
Q

In the Philippines, what is our kind of sovereignty?

A

Congress = Legal Sovereignty

Different Sectors that mold public opinion = political sovereign

30
Q

What is an Act of State?

A

An Act of State is an act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him.

An Act of State cannot be questioned or made the subject of legal proceedings in a court of law?

Constitutional Law (4 decks)

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