Article 2 Constitution

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The PhilippineThe Philippine

CONSTITUTIONCONSTITUTION

Pol.Sci. 101 Lecture on


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IntroductionIntroduction

Every state has had a constitution of somekind whether it be an elaborate document or just acollection of rules. It is inconceivable how a state

could exist or survive without a constitution of someform.

The foundation of the system ofgovernment of the Philippines is the constitution.


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Constitution defined:Constitution defined:

In its broad sense, the termconstitution refers to the body of rulesand principles in accordance with which the

powers of sovereignty is regularlyexercised.

Etymology:

Latin word CONSTITUO which

means fixed, established, or settled


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Constitution defined:Constitution defined:

onstitution is a written instrument!document" by which the fundamental

powers of government are established,limited, and defined, and by which thesepowers are distributed among severaldepartments for their safe and usefulexercise for the benefit of the bodypolitic. #Justice Miller, US Supreme Court


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Nature and PurposesNature and Purposes

1. Serves as the supreme or fundamental la. It is the harter creating the government. It is binding to all individual citi$ens and all organs

of the government. It is the law to which all other laws must conform. It is the test of the legality of all governmental

actions.


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Nature and PurposesNature and Purposes

!. "sta#lishes the #asic frameor$ andunderl%in& principles of &overnment.

%rescribes the permanent framewor& of the

system of government, and assigns to the differentdepartment or branches, their respective powersan' duties. !(rt.I"

)o establish certain basic principles on which thegovernment is founded. !%reamble, (rt.I"

'esigned to preserve and protect the rights of theciti$en against the %owers of the *tate. !(rt III"


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Constitutional LawConstitutional Law

It is defined as the branch of public lawwhich deals with constitution: their

nature, formation, amendment, andinterpretation.It is also the law embodied in the

onstitution as well as the principlesgrowing out of the interpretation andapplication made by the courts,specifically the *upreme ourt.


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Typoloy of ConstitutionTypoloy of Constitution

onstitution may be classified as follows:

!' (s to form)

a"ritten onstitution+one which has been given

definite form at a particular time, usually by aspecially constituted authority called a constitutionalconvention or constitutional commission.

b"/nwritten onstitution+one which is entirely aproduct of political evolution, consisting largely of a

mass of customs, usages, and udicial decisions.


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Typoloy of ConstitutionTypoloy of Constitution

onstitution may be classified as follows:

*' (s to manner of amendin& them)

a"0igid or inelastic+one regarded as a document of

special sanctity, which can not be amended or alteredexcept by some special machinery other thanordinary legislative process.

b"1lexible or elastic+one which possesses no higherlegal authority than ordinary laws and which may be

altered in the same way as other laws.


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)he 2345 %hilippine onstitution isthus a conventional6enacted,written, and rigid6inelasticconstitution.


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Pros and Cons of a writtenPros and Cons of a written

constitutionconstitution

It has the advantage of clearness anddefiniteness over an unwritten one. *ince the

written constitution is a binding document, therights of the citi$en is more secured.

Its disadvantage lies in the difficulty of itsamendment. )his prevents the immediateintroduction of needed reforms and may therebyretard the healthy growth and progress of the*tate.


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!e"uisites of a ood written!e"uisites of a ood written

constitutionconstitution

70IE1: because if a constitution is too detailed, itwould lose the advantage of a fundamental law. Itwould never be understood by the public.

708(': because a statement of the powers andfunctions of government, and of the relationsbetween the governing body and the governed,re9uires that it be as comprehensive as possible.

'E1II)E: because otherwise the application of its

provision to concrete situations may prove undulydifficult if not impossible.


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Constitution of the !epu#lic of theConstitution of the !epu#lic of the

PhilippinesPhilippines

2" )he 23;< onstitution0atified on =ay 2>, 23;

Article 2 Constitution

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Transcript of Article 2 Constitution