The Constitution And Its Interpretation Flashcards
What is the Constitution?
A system of fundamental laws for the governance and administration of a nation
What are the basic principles of constitutional construction?
Verba legis (words are to be given their ordinary meaning) Ratio legis et anima (interpreted in accordance with intent of framers) Ut magis valeat quam pereat (interpreted as a whole)
When is construction required?
Only when it is shown that an application of the law is impossible or inadequate without interpretation
What are self-executing provisions?
Provisions which are complete in themselves and become operative without the aid of supplementary or enabling legislation
What is the exception to the general rule on self-executing provisions?
Article II of the Constitution (declaration of principles and state policies)
What is the exception to the exception to the general rule on self-executing provisions?
The right to a balanced and healthful ecology (Oposa vs. Factoran)
Who may propose an amendment or revision of the Constitution?
Congress by a vote of 3/4 of all its members
A constitutional convention
How may amendments be directly proposed by the people through initiative?
Upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein
What is the time restriction on authorizing amendments?
No amendment shall be authorized within 5 years following the ratification of the Constitution nor oftener than once every 5 years thereafter
How may Congress call a constitutional convention?
By a vote of 2/3 of all its members, or by a majority vote of all its members, submit to the electorate the question of calling such a convention
How shall an amendment to or revision of the Constitution be valid under Sec. 1 of Art. XVII?
Ratification by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later than 90 days after the approval of such amendment or revision
How shall an amendment to or revision of the Constitution be valid under Sec. 2 of Art. XVII?
Ratification by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later than 90 days after the certification by the COMELEC of the sufficiency of the petition
What is an amendment?
Alteration of one of a few specific and isolated provisions of the Constitution that does not alter the basic principles thereof
What is a revision?
Change that alters a basic principle in the Constitution or the substantial entirety of the Constitution
What is the Lambino Test?
Quantitative (examines the number of provisions affected and asks whether the changes directly alter the substantial entirety)
Qualitative (exmines the possible effects the proposed change will have)
