Concept of ConstitutionConcept of ConstitutionRoel Gordolan EromaRoel Gordolan Eroma

USJ-RUSJ-R

Meaning of ConstitutionMeaning of Constitution In broad sense, the term constitution In broad sense, the term constitution

refers to that body of rules and principles refers to that body of rules and principles in accordance with which the powers of in accordance with which the powers of sovereignty are regularly exercised. sovereignty are regularly exercised.

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

Nature and purpose or function of Nature and purpose or function of constitutionconstitution

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

It is binding on all individual citizens and all It is binding on all individual citizens and all organs of the government.organs of the government.

It is the law to which other laws must conform It is the law to which other laws must conform and in accordance with which all private rights and in accordance with which all private rights must be determined and all public authority must be determined and all public authority administered.administered.

It is a test of the legality of all government action, It is a test of the legality of all government action, whether proceeding from the highest official or whether proceeding from the highest official or lowest functionary.lowest functionary.

The purpose is to prescribe the The purpose is to prescribe the permanent framework of the system permanent framework of the system of government and to assign to the of government and to assign to the different departments or branches, different departments or branches, their respective powers and duties their respective powers and duties and to establish certain basic and to establish certain basic principles on which the government principles on which the government is foundedis founded

Designed to preserve and protect the Designed to preserve and protect the rights of individuals against the rights of individuals against the arbitrary actions of those in arbitrary actions of those in authority.authority.

Meaning of constitutional lawMeaning of constitutional law

Branch of jurisprudence which treats Branch of jurisprudence which treats of constitutions, their nature, of constitutions, their nature, formation and amendment, operation formation and amendment, operation and interpretation.and interpretation.

It refers to the law embodied in the It refers to the law embodied in the constitution as well as the principles constitution as well as the principles growing of the interpretation and growing of the interpretation and application made by the courts.application made by the courts.

Kinds of ConstitutionKinds of Constitution

As to the origin and history:As to the origin and history:– ConventionalConventional-enacted by constituent -enacted by constituent

assembly or granted by the monarch to his assembly or granted by the monarch to his subjects like the constitution of Japan in subjects like the constitution of Japan in 1889;1889;

– Cumulative or evolved-Cumulative or evolved-like the English like the English Constitution, product of growth or a long Constitution, product of growth or a long period of development originating in period of development originating in customs, traditions, judicial decisions, etc., customs, traditions, judicial decisions, etc., rather than from a deliberate and formal rather than from a deliberate and formal enactment.enactment.

Kinds of ConstitutionKinds of Constitution As to their form:As to their form:

– WrittenWritten-one which has been given definite -one which has been given definite written form at a particular time, usually by a written form at a particular time, usually by a specially constituted authority called a specially constituted authority called a “constitutional convention.”“constitutional convention.”

– UnwrittenUnwritten--entirely, the product of political entirely, the product of political evolution, consisting largely of a mass evolution, consisting largely of a mass customs, usages and judicial decisions customs, usages and judicial decisions together with a smaller body of statutory together with a smaller body of statutory enactments of a fundamental character, enactments of a fundamental character, usually bearing different dates. The English usually bearing different dates. The English Constitution is unwritten only in the sense that Constitution is unwritten only in the sense that it is not codified in a single documentit is not codified in a single document

Kinds of ConstitutionKinds of Constitution As to manner of amending them:As to manner of amending them:

– Rigid or inelastic-oneRigid or inelastic-one regarded as a regarded as a document of special sanctity which cannot be document of special sanctity which cannot be amended or altered except by some special amended or altered except by some special machinery more cumbrous that the ordinary machinery more cumbrous that the ordinary legislative process.legislative process.

– Flexible or elastic-oneFlexible or elastic-one which possesses no which possesses no higher legal authority than ordinary laws and higher legal authority than ordinary laws and which maybe altered in the same way as other which maybe altered in the same way as other laws.laws.

– Philippine Constitution maybe classified as Philippine Constitution maybe classified as conventional or enacted, written, and rigid or conventional or enacted, written, and rigid or inelastic, drafted by appointive body called inelastic, drafted by appointive body called “Constitutional Commission.”“Constitutional Commission.”

Advantages and disadvantages of a Advantages and disadvantages of a written constitutionwritten constitution

It has the advantage of clearness and It has the advantage of clearness and definiteness over an unwritten one definiteness over an unwritten one because it is prepared with great care and because it is prepared with great care and deliberation. Cannot easily be bent or deliberation. Cannot easily be bent or twisted by the legislature or by the court.twisted by the legislature or by the court.

Its disadvantages lies in the difficulty of its Its disadvantages lies in the difficulty of its amendment. This prevents the immediate amendment. This prevents the immediate introduction of needed changes and may introduction of needed changes and may thereby retard the healthy growth and thereby retard the healthy growth and progress of the stateprogress of the state

Requisite of a good written Requisite of a good written constitutionconstitution

As to form, a good written constitution As to form, a good written constitution should be;should be;– BriefBrief-outlines the structure o the government -outlines the structure o the government

of the whole state and the rights of the of the whole state and the rights of the citizens.citizens.

– BroadBroad-statement of the powers and functions -statement of the powers and functions of the government, and the relations between of the government, and the relations between the governing body and the governed, requires the governing body and the governed, requires that it be as comprehensive as possible.that it be as comprehensive as possible.

– DefiniteDefinite-any vagueness which may lead to -any vagueness which may lead to opposing interpretation of essential features opposing interpretation of essential features may cause incalculable harm.may cause incalculable harm.

Requisite of a good written Requisite of a good written constitutionconstitution

As to contents:As to contents:– That dealing with the framework of government and That dealing with the framework of government and

its powers, and defining electorate. This group of its powers, and defining electorate. This group of provisions has been called the constitution of provisions has been called the constitution of governmentgovernment

– That setting forth the fundamental rights of the That setting forth the fundamental rights of the people and imposing certain limitations on the people and imposing certain limitations on the powers of the government as a means of securing powers of the government as a means of securing the enjoyment of these rights. This group has been the enjoyment of these rights. This group has been referred to as the constitution of liberty.referred to as the constitution of liberty.

– That pointing out the mode or procedure for That pointing out the mode or procedure for amending or revising the constitution. This group amending or revising the constitution. This group has been called the constitution of sovereignty.has been called the constitution of sovereignty.

Constitution of a good written Constitution of a good written constitutionconstitution

A constitution is a legislation direct from the A constitution is a legislation direct from the people, while a statute is a legislation from the people, while a statute is a legislation from the people’s representatives.people’s representatives.

Merely states the general framework of the law Merely states the general framework of the law and the government, while a statue provides the and the government, while a statue provides the details of the subject of which it treats.details of the subject of which it treats.

Intended not merely to meet existing conditions Intended not merely to meet existing conditions but to govern the future, while a statue is but to govern the future, while a statue is intended primarily to meet existing conditions intended primarily to meet existing conditions only.only.

Supreme or fundamental law of the States to Supreme or fundamental law of the States to which statues and all other laws must conform.which statues and all other laws must conform.

Constitution Distinguished from Constitution Distinguished from statutestatute

A constitution is a direct legislation from the A constitution is a direct legislation from the people, while a statute is a legislation from the people, while a statute is a legislation from the people’s representatives;people’s representatives;

A constitution merely states the general A constitution merely states the general framework of the law and the government, while framework of the law and the government, while the statute provides the details of the subject of the statute provides the details of the subject of which it treats;which it treats;

A constitution is intended not merely to meet A constitution is intended not merely to meet existing conditions but to govern the future, while existing conditions but to govern the future, while s statute is intended primarily to meet existing s statute is intended primarily to meet existing conditions; only andconditions; only and

A constitution is the supreme fundamental law of A constitution is the supreme fundamental law of the State to which statutes and all other laws the State to which statutes and all other laws must conform.must conform.

The end….The end…. Assignment…please research the Assignment…please research the

different constitutions of the different constitutions of the PhilippinesPhilippines

..Prepare for or quiz next Prepare for or quiz next meeting…meeting…