SUPREMACY OF THE CONSTITUTIONPresentation Transcript
SUPREMACY CONSTITUTION 08.22.2012
The constitution refers to “that body of rules and principles in accordance withwhich the powers of sovereignty areregularly exercised”
CONSTITUTIONAL LAWTHE STUDY OF THE MAINTENANCE OF THE PROPER BALANCE BETWEEN AUTHORITY ASREPRESENTED BY THE THREE INHERENT POWERS OF THE STATE AND LIBERTY AS GUARANTEED BY THE BILL OF RIGHTS.
PERMANENCE OF THE CONSTITUTIONCapacity to resistcapricious or whimsicalchange dictated not bylegitimate needs butonly by passingfancies, temporarypassions or occasionalinfatuations of thepeople with ideas orpersonalities.
PERMANENCEOF THECONSTITUTION 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.
INTERPRETATION OF THE CONSTITUTION IN CASE OF DOUBT, THE CONSITUTION SHOULD BE SELF- EXECUTING THANNON-SELF-EXECUTING; MANDATORY RATHER THAN DIRECTORY; AND PROSPECTIVE RATHER THAN RETROSPECTIVE.
1. PRESCRIBE THE PERMANENT PURPOSE FRAMEWORK OF THE SYSTEM OF GOVERNMENT.2. ASSIGNMENT OF POWERS IN THE GOVT.3. ESTABLISHMENT OF BASIC PRINCIPLES4. PRESERVE AND PROTECT THE RIGHTS OF THE CITIZENS
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
Requisites of aGood WrittenConstitution As to form 1. Brief 2. Broad 3. Definite As to Content 1. Constitution of Government 2. Constitution of Liberty 3. Constitution of Sovereignty
CONSTITUTION vs. STATUTE1) Direct from the 1. Enacted by the people people’s2) General representatives Framework 2. Details3) To meet the 3. For the existing present and conditions only future conditions 4. Must conform to4) Supreme the Constitution fundamental law or subordinate to of the State the constitution
PARTICIPANTS IN THE ADOPTION OF THE CONSTITUTION1. PROPOSING AGENT – Constitutional Convention, commission, legislatures or other bodies2. RATIFYING AGENT – The electorate that will approve the draft, or the legislature or a constitutional convention
STEPS IN AMENDINGTHE 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
1987 PHILIPPINE CONSTITUTION Fifth Constitution: MALOLOS CONSTITUTION, 1935 CONSTITUTION, 1973 CONSTITUTION, FREEDOM CONSTITUTION & 1987 CONSTITUTION CONSTITUTIONAL COMMISSION FEBRUARY 2, 1987 PLEBISCITE 76.29% VOTED TO RATIFY THE 1987 CONSTITUTION