Constitutional Law 1: Reviewer

Political Law  – deals with the study of the structure and

powers of the government.

Constitutional Law – is one of the divisions of Political

Law that defines the specific duties and responsibilities

of our government together with their privileges and

rights. As the fundamental or supreme law of the land,

it enumerates the rights of every citizen with their

corresponding functions where the sovereignty resides

in the people and all government authority emanates

from them.

Constitution – 

  The supreme law of the land established by the

people.

  Prescribes the permanent framework of the

system of the government.

  Establishes the basic principles upon which the

government is founded.

  Defines and allocates to the various organs of

the government their respective powers and

duties.

Amendment of the Constitution

A.  Amendment vs. Revision

An Amendment is a change or alteration for the

better within the lines of the original

instrument which will bring about

improvement.

A Revision is the rewriting or overhauling of the

entire instrument.

B.  Proposal

A proposal is the motion of initiating

suggestions or proposals on amendment or

revision, which may either be by:

a.  Congress – vote of ¾ by all of its members

b.  Constitutional convention

c.  The People’s initiative

[Santiago v. COMELEC] In the order of

things, the primacy of interest, or hierarchy

of values, the right of the people to directly

propose amendments to the Constitution is

far more important than the initiative on

national and local laws.

[Lambino v. COMELEC] There’s not a single

word, phrase, or sentence of text of the

proposed changes in the signature sheet.

Neither does the signature sheet state that the

text of the proposed changes is attached to it.

The signature sheet merely asks a question

whether the people approve a shift from the

Bicameral-Presidential to the Unicameral-

Parliamentary system of government. The

signature sheet does not show the people the

draft of the proposed changes before they are

asked to sign the signature sheet. This omission

is fatal.

Initiative through petition by the people should

have the following 2 elements:

1.  The people must author and sign the entire

proposal without any agent or

representative signing on their behalf.

2.  The proposal must be embodied in the

petition.

C. 

Submission

[Tolentino v. COMELEC] The SC held that under

Sec. 1 of Article 15, there should only be one

election or plebiscite for the ratification of all

amendments the convention may propose.

D. 

Ratification

Judicial Review

A.  Separation of Powers

B.  Theory and Justification of Judicial Review (Art

VIII, Sec.1)

C. 

Justiciable and Political Questions

D. 

Requisites of Judicial Review