Concept of Constitution
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Concept of Constitution

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Concept of Constitution Concept of Constitution Presentation Transcript

  • D. CONCEPT OF CONSTITUTIONPhilippine Government and Constitution
  • MEANING OF CONSTITUTION“that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.”Philippine Government and Constitution
  • MEANING OF CONSTITUTIONA constitution is a charter creating the government.Philippine Government and Constitution View slide
  • CONSTITUTIONAL SUPREMACY It is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.Philippine Government and Constitution View slide
  • What is the purpose of the Constitution?To prescribe the permanent framework of a system of government;To assign to the several departments their respective powers and duties;To establish certain first fixed principles on which government is founded.Philippine Government and Constitution
  • Does the Constitution create basic rights? No. It merely recognizes and protects these rights and does not bring them into existence.Philippine Government and Constitution
  • Meaning of Constitutional Law Constitutional law maybe defined as the branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation.Philippine Government and Constitution
  • Meaning of Constitutional Law… refers to the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts of the provisions of the Constitution in specific cases.Philippine Government and Constitution
  • Classifications of the Constitution1. Written or unwritten2. Evolved or enacted3. Rigid or flexiblePhilippine Government and Constitution
  • Qualities of a Good Written Constitution1. Broad –it must be comprehensive to provide for every contingency2. Brief – it must confine itself to basic principles to be implemented with legislative details more adjustable to changePhilippine Government and Constitution
  • Qualities of a Good Written Constitution3. Definite – to prevent ambiguity which could result in confusion and divisiveness among the people.Philippine Government and Constitution
  • Essential Parts of a Good Written Constitution1. Constitution of Liberty e.g., Art III2. Constitution of Government e.g., Art VI, VII, VIII, and IX3. Constitution of Sovereignty e.g., Art XVIIPhilippine Government and Constitution
  • Brief Constitutional History1. Malolos Constitution2. The American Regime and the Organic Acts3. The 1935 Constitution4. The Japanese (Belligerent) Occupation5. The 1973 Constitution6. The 1987 Constitution a. Proclamation of the Freedom Constitution b. Adoption of the Constitution c. Effectivity – Feb 2, 1987 (De Leon vs. Esguerra, 153 SCRA 602) Philippine Government and Constitution