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SUPREMACY OF THE CONSTITUTION
 

SUPREMACY OF THE CONSTITUTION

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    SUPREMACY OF THE CONSTITUTION SUPREMACY OF THE CONSTITUTION Presentation 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
    • THE END