2. The constitution
refers to
“that body of rules
and principles in
accordance with
which the powers of
sovereignty are
regularly exercised”
3. CONSTITUTIONAL LAW
THE STUDY OF THE MAINTENANCE OF THE PROPER
BALANCEBETWEEN AUTHORITY AS
REPRESENTED BY THE THREE INHERENT POWERS OF
THE STATE AND LIBERTY AS GUARANTEED BY THE
BILL OF RIGHTS.
4. PERMANENCE OF THE CONSTITUTION
Capacity to resist
capricious or whimsical
change dictated not by
legitimate needs but
only by passing fancies,
temporary passions or
occasional infatuations
of the people with ideas
or personalities.
5. PERMANENCE
OF THE
CONSTITUTION A Constitution must be firm
and immovable, like a
mountain amidst the strife
of storms or a rock in the
ocean amidst the raging of
the waves. Such is not likely
to be easily tampered with
to suit political expediency,
personal ambitions or ill-
advised agitation for
change.
6. INTERPRETATION OF
THE CONSTITUTION
IN CASE OF DOUBT,
THE CONSITUTION
SHOULD BE SELF-
EXECUTING THAN
NON-SELF-EXECUTING;
MANDATORY RATHER
THAN DIRECTORY;
AND PROSPECTIVE
RATHER THAN
RETROSPECTIVE.
7. PURPOSE1. PRESCRIBE THE
PERMANENT
FRAMEWORK OF THE
SYSTEM OF
GOVERNMENT.
2. ASSIGNMENT OF
POWERS IN THE GOVT.
3. ESTABLISHMENT OF
BASIC PRINCIPLES
4. PRESERVE AND
PROTECT THE RIGHTS
OF THE CITIZENS
8. KINDS OF
CONSTITUTION
As to their Origin & History
1. Conventional or
enacted
2. Cumulative or evolved
As to their form
1. Written
2. Unwritten
As to manner of amending
1. Rigid or Inelastic
2. Flexible or Elastic
9. Requisites of a
Good Written
Constitution
As to form
1. Brief
2. Broad
3. Definite
As to Content
1. Constitution of
Government
2. Constitution of Liberty
3. Constitution of
Sovereignty
10. CONSTITUTION vs. STATUTE
1) Direct from the
people
2) General
Framework
3) To meet the
present and
future conditions
4) Supreme
fundamental law
of the State
1. Enacted by the
people’s
representatives
2. Details
3. For the existing
conditions only
4. Must conform to
the Constitution
or subordinate to
the constitution
11. PARTICIPANTS IN THE ADOPTION OF THE
CONSTITUTION
1. PROPOSING AGENT – Constitutional
Convention, commission, legislatures or
other bodies
2. RATIFYING AGENT – The electorate that will
approve the draft, or the legislature or a
constitutional convention
12. STEPS IN AMENDING
THE CONSTITUTION
PROPOSAL
a. By Congress – vote of ¾ of
all its members voting
separately
b. Constitutional Convention
c. People’s Initiative
RATIFICATION – Majority of
the votes in a plebiscite
