This document provides an overview of constitutional law and summaries of the Philippine constitutions from 1935 to 1987. It discusses that constitutional law involves the nature, establishment, construction and interpretation of constitutions. It then summarizes the key events in the framing and ratification of the 1935, 1973 and 1987 Philippine constitutions, and notes some infirmities in their formulation and/or ratification processes.
Constitutional Law National Power and Federalism ~ Sixth.docxmaxinesmith73660
Constitutional Law
National Power and Federalism
~ Sixth Edition
~ Christopher N. May and Allan Ides
Judicial Review
§I. I INTRODUCTION AND OVERVIEW
In the constitutional law course, we study the United States Constitution as it
has been interpreted and explained by the federal courts for more than 2 0 0
years. The Constitution itself is an amazingly short document. Stripped of its
amendments, the Constitution occupies fewer than a dozen pages in your
casebook. Even with its amendments, the document is barely 20 pages long.
Yet while the Constitution itself is extremely brief, the interpretation of it
can be exceedingly complex. The bulk of your constitutional law textbook
consists of cases in which a court-usually the U.S. Supreme Court-has
been asked to decide whether certain government decisions or practices
are invalid because they violate the requirements of the Constitution . This
process by which courts rule on the constitutionality of actions taken by
federal and state officials is known as judicial review.
Judicial review is the fountain of constitutional law. This is true for
several reasons. First, the process of judicial review has created the body
of reported decisions that we think of as the law of the Constitution. When we
wish to know whether or not the Constitution allows a particular govern-
mental practice, we usually look first to previous court decisions that have
interpreted the constitutional provisions in question. Without this steadily
accumulating body of case law, we would have little definitive guidance as
to the meaning of the Constitution.
Second, it is the process of judicial review that renders the Constitu tion
binding and enforceable as law. In the absence of judicial review, the Con-
stitution would be little more than a statement of normative principles and
I . judicial Review
ideals-similar to the Golden Rule or to the Universal Declaration of 2
Rights . Public officials w ould fmd it much easier to ignore the Cons ·
and statutes that were contrary to the Constitution might still be en:
Judicial review serves as a mechanism by which public officials m ay be -
pelled to perform their duties in accordance with the Constitution.
This chapter examines the doctrine of judicial review as it was r ~
oped by the Supreme Court in the early nineteenth century. In revie,•i.:::: -3
debate surrounding the legitimacy of this doctrine, we will see that:!l __ .
in the Constitution's text specifically authorizes the federal courts to ?"
the validity of actions taken by the other branches of the federal goye....~
or by the states. Yet the historical backdrop against which judicial ~e-.-,::
emerged makes clear that the doctrine is fully consistent with th e Fmc::
conception of a balanced democracy in which abuses of p ow er ·-·-
branch may be checked or prevented by actions of the coordinate bra.:::
In this chapter we will also explore the question of what sources a:J.,...
Meaning of Constitution
In broad sense, the term constitution
refers to that body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised.
It maybe defined as that written
instrument by which the fundamental
powers of the government are established,
limited, and defined and by which these
powers are distributed among the several
departments or branches for their safe
and useful exercise for the benefit of the
people. Nature and purpose or function of
constitution
the charter creating the government. It has the
status of a supreme or fundamental law as it
speaks for the entire people from whom it derives
its claim to obedience.
It is binding on all individual citizens and all
organs of the government.
It is the law to which other laws must conform
and in accordance with which all private rights
must be determined and all public authority
administered.
It is a test of the legality of all government
action, whether proceeding from the highest
official or lowest functionary.
Constitutional Law National Power and Federalism ~ Sixth.docxmaxinesmith73660
Constitutional Law
National Power and Federalism
~ Sixth Edition
~ Christopher N. May and Allan Ides
Judicial Review
§I. I INTRODUCTION AND OVERVIEW
In the constitutional law course, we study the United States Constitution as it
has been interpreted and explained by the federal courts for more than 2 0 0
years. The Constitution itself is an amazingly short document. Stripped of its
amendments, the Constitution occupies fewer than a dozen pages in your
casebook. Even with its amendments, the document is barely 20 pages long.
Yet while the Constitution itself is extremely brief, the interpretation of it
can be exceedingly complex. The bulk of your constitutional law textbook
consists of cases in which a court-usually the U.S. Supreme Court-has
been asked to decide whether certain government decisions or practices
are invalid because they violate the requirements of the Constitution . This
process by which courts rule on the constitutionality of actions taken by
federal and state officials is known as judicial review.
Judicial review is the fountain of constitutional law. This is true for
several reasons. First, the process of judicial review has created the body
of reported decisions that we think of as the law of the Constitution. When we
wish to know whether or not the Constitution allows a particular govern-
mental practice, we usually look first to previous court decisions that have
interpreted the constitutional provisions in question. Without this steadily
accumulating body of case law, we would have little definitive guidance as
to the meaning of the Constitution.
Second, it is the process of judicial review that renders the Constitu tion
binding and enforceable as law. In the absence of judicial review, the Con-
stitution would be little more than a statement of normative principles and
I . judicial Review
ideals-similar to the Golden Rule or to the Universal Declaration of 2
Rights . Public officials w ould fmd it much easier to ignore the Cons ·
and statutes that were contrary to the Constitution might still be en:
Judicial review serves as a mechanism by which public officials m ay be -
pelled to perform their duties in accordance with the Constitution.
This chapter examines the doctrine of judicial review as it was r ~
oped by the Supreme Court in the early nineteenth century. In revie,•i.:::: -3
debate surrounding the legitimacy of this doctrine, we will see that:!l __ .
in the Constitution's text specifically authorizes the federal courts to ?"
the validity of actions taken by the other branches of the federal goye....~
or by the states. Yet the historical backdrop against which judicial ~e-.-,::
emerged makes clear that the doctrine is fully consistent with th e Fmc::
conception of a balanced democracy in which abuses of p ow er ·-·-
branch may be checked or prevented by actions of the coordinate bra.:::
In this chapter we will also explore the question of what sources a:J.,...
Meaning of Constitution
In broad sense, the term constitution
refers to that body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised.
It maybe defined as that written
instrument by which the fundamental
powers of the government are established,
limited, and defined and by which these
powers are distributed among the several
departments or branches for their safe
and useful exercise for the benefit of the
people. Nature and purpose or function of
constitution
the charter creating the government. It has the
status of a supreme or fundamental law as it
speaks for the entire people from whom it derives
its claim to obedience.
It is binding on all individual citizens and all
organs of the government.
It is the law to which other laws must conform
and in accordance with which all private rights
must be determined and all public authority
administered.
It is a test of the legality of all government
action, whether proceeding from the highest
official or lowest functionary.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. Is that branch of jurisprudence which treats
the nature of constitutions, their
establishment, construction and interpretation
(Black, Constitutional Law, p. 1)
3. SCOPE OF CONSTITUTIONAL LAW
It also embodies principles arising out of the decisions of the
courts (such as the Supreme Court) interpreting constitutional
provisions on pertinent cases. (Poquiz, Dean Salvador, Political
Law Reviewer, Vol. 1, p. 1)
Includes binding interpretations of constitutional provisions by
Congress (e.g. through the Electoral Tribunals), the President, and
quasi-judicial administrative agencies in cases involving
constitutional questions where exclusive competence is lodged in
them.
A major area in the study of constitutional law is concerned with
the examination of the body of rules governing judicial review.
4. POLITICAL LAW
• "Political" is here used to denominate the laws regulating
the relations sustained by the inhabitants to the sovereign.
(American Insurance Co. vs. Canter [1828], 1 Pet., 511; Chicago, Rock
Island and Pacific Railway Co. vs. McGlinn [1885], 114 U.S., 542;
Roa vs. Collector of Customs [1912], 23 Phil., 315.) as cited in The
People of the Philippines vs. Perfector, GR No. L-18463, 10-
4-1922
• It covers constitutional law; administrative law; law of
public officers; law on elections; and law of public or
municipal corporations.
5. WHAT IS A CONSTITUTION?
Is that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised. (Cooley)
The written instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited and defined, and by
which those powers are distributed among the several
departments for their safe and useful exercise for the
benefit of the body politic. (Justice Malcolm, on the 1987
Constitution)
6. The Constitution is a covenant that grants and guarantees
both the political and economic rights of the people. (Tatad
vs. Secretary of the Department of Energy, 281 SCRA 330,
G.R. No. 124360, G.R. No. 127867 November 5, 1997)
7. NATURE AND PURPOSE OR FUNCTION OF A
CONSTITUTION
An instrument with the status of a supreme law
An instrument of permanent nature
An instrument establishing certain basic principles of
government and safeguarding fundamental rights
An instrument designed primarily to promote the common
good and protect human rights.
8. DOCTRINE OF SUPREMACY OF THE
CONSTITUTION
The constitution is the basic and paramount law to
which all other laws must conform and to which all
persons, including the highest officials of the land,
must defer. No act shall be valid, however noble its
intentions, if it conflicts with the constitution. The
constitution must ever remain supreme. All must
bow to the mandate of this law.
9. CLASSIFICATIONS OF A CONSTITUTION
Written or unwritten
Evolved or enacted
Rigid or flexible
10. REQUISITES OF A GOOD WRITTEN
CONSTITUTION
As to form
Brief
Broad
Definite
As to contents
Constitution of government
Constitution of liberty
Constitution of sovereignty
11. ADVANTAGES AND DISADVANTAGES OF A
WRITTEN CONSTITUTION
Clearness, definiteness, and stability
Difficulty of amendment
12. CONSTITUTION VS. STATUTE
CONSTITUTION STATUTE
A legislation direct from the people A legislation from the people’s
representative
Merely states the general framework of the
law and the fundamental powers of the
government
Provides details of the subject which it treats
Intended not merely to meet existing
conditions but to govern the future
Intended primarily to meet existing
conditions only
Is the supreme or fundamental law of the
state to which statutes and other laws must
conform
There is a presumption that the statutes are
in accord with the constitution
Requires more difficult and intricate
procedure for adoption or amendment
Not difficult
14. AUTHORITY TO INTERPRET THE
CONSTITUTION
1. Private individuals
2. Agencies charged with official duties
a) Final decision belongs to courts
b) Power of judicial review
c) Limitations on power
15. INTERPRETATION AND CONSTRUCTION OF
THE CONSTITUTION
Interpretation or construction?
Intrinsic interpretation
Extrinsic construction
16. COMMON RULES OF INTERPRETATION AND
CONSTRUCTION
1. Effectuation of intent of the framers or the people
2. Uniform construction
3. Flexible construction
4. Liberal construction
5. Practical construction
6. Constitution to be construed as a whole
7. Every part to be given effect
17. COMMON RULES OF INTERPRETATION AND
CONSTRUCTION
Conflicting provisions to be harmonized
Words to be given their ordinary meaning
Consideration of the spirit as against the letter
Doctrine of necessary implication
Other rules
Constitutional provisions generally mandatory
Constitutional provisions presumed self-executing
Office of a proviso
18. PERMANENCE OF THE CONSTITUTION
Constitution intended to govern far into the
indefinite future
Constitution intended to have an indefinite life
Constitution intended to be adapted to changing
conditions
20. CONSTITUTIONS OF THE REPUBLIC OF THE
PHILIPPINES
1935 Constitution
1973 Constitution
1987 Constitution
21. THE 1935 CONSTITUTION – FRAMING &
RATIFICATION
3/24/1934
• Approval by
Pres. FD
Roosevelt of
the Tydings-
McDuffie Law.
5/1/1934
• Acceptance
by the Phil.
Legislature of
the Tydings-
McDuffie
Independenc
e Law as
required.
5/5/1934
• Approval by
the Phil Leg.
of a bill
calling a
ConCon.
7/10/1934
• Election of
Delegates of
the ConCon
22. THE 1935 CONSTITUTION
7/30/1934
• Inaugural
Session of the
ConCon
2/8/1935
• Approval by the
ConCon; Vote:
177 to 1
3/18/1935
• Submission of
the Constitution
to Pres. FDR by a
committee
composed of
Sen. Pres. MLQ,
ConCon Pres.
CMRecto, and
delegate Manuel
Roxas
23. THE 1935 CONSTITUTION
3/23/1935
• Approval by FDR of
the Constitution as
submitted to him.
5/14/1935
• Ratification of the
Constitution by the
Filipino Electorate
by a vote of
1,213,046, with
44,963 against.
24. THE 1935 CONSTITUTION
LIMITATIONS
AND
CONDITIONS
Limits the authority of the Filipinos in the framing of
their own constitution;
Enjoins that the constitution to be drafted should be
republican in form;
Should include Bill of Rights
Should contain provisions intended to define the
relations between the Philippines and the US during
the commonwealth period and after establishing the
Philippine Republic.
25. THE 1935 CONSTITUTION
SOURCES US Constitution
The Malolos Constitution
The 3 Organic Laws before Tydings: Instructions of Pres. McKinley to the 2nd
Phil. Comm.; the Phil. Bill, and the Jones Law.
The German Constitutions
The Spanish Constitution
The Mexican Constitution
The unwritten English Constitution, and
Several South American Constitutions
26. THE 1973 CONSTITUTION – FRAMING &
RATIFICATION
11/29/1972 – The ConCon approved the new proposed charter.
6/1/1971 – ConCon started rewriting the Constitution.
8/24/1970- RA 6132 was approved setting 11/10/1970, as election day for
the 320 delegates to the ConCon.
3/16/1967 – Congress in a joint session, passed Reso. of Both Houses No. 2,
authorizing the holding of ConCon
27. THE 1973 CONSTITUTION
APPROVAL BY CITIZENS ASSEMBLIES
• Read Associated Cases.
RATIFICATION BY PRESIDENTIAL PROCLAMATION
• Read Associated Cases
28. THE 1987 CONSTITUTION
THE
CONSTITUTIONAL
COMMISSION OF
1986
Was created pursuant to Art. V of
Proclamation No. 3 issued on March 25,
1986 which promulgated the Provisional
Constitution or “Freedom Constitution”
following the installation of a revolutionary
government.
29. THE 1987 CONSTITUTION
LAW
GOVERNING
THE
COMMISSION
Pursuant to Proclamation No. 3 and “in
accordance with the mandate of the people
to work toward the establishment of a just,
free and democratic constitutional order
within the shortest time possible,” the
President promulgated on April 23, 1986
Proclamation No. 9, the “Law Governing
the Constitutional Commission of 1986”
30. THE 1987 CONSTITUTION – FRAMING &
RATIFICATION
1
• Convened on June 2, 1986
2
• Approved by the ConCom on the night of
Sunday, October 12, 1986.
3
• Ratified by the people on February 2, 1987
31. THE 1987 CONSTITUTION
MERITS AND
DEMERITS OF
AN APPOINTIVE
FRAMING BODY
Was not expensive.
An appointive body is susceptible to
the charge of lack of independence
and to the suspicion of pressure and
even manipulation by the appointing
officer; and
32. THE 1987 CONSTITUTION
MERITS AND
DEMERITS OF AN
APPOINTIVE
FRAMING BODY
The writing of a Constitution as the highest
expression of the people’s “ideals and
aspirations” is a political exercise of
transcendental importance in a republican
democracy and, therefore, only those
directly elected and empowered by the
people must be entrusted with the task to
discharge this grave and solemn
responsibility.
33. INFIRMITIES IN THE FORMULATION
AND/OR RATIFICATION OF THE PHILIPPINE
CONSTITUTION
34. The 1899 Malolos Constitution
• Drafted by non-elective delegates, not ratified, and
not implemented
The 1935 Constitution
• Did not fully reflect the voice of the Filipino people.
• Has to be approved by the President of the US
before it would become effective.
35. The 1943 Constitution
• Ordered by an occupying army, drafted by commissioners
not elected by the people, and not ratified.
The 1973 Constitution
• Framed by delegates but not ratified by the electorate
through plebiscite.
• Drafted and arbitrarily implemented and amended under
a martial law regime.
36. The 1986 Provisional Constitution
• Drafted administratively by a revolutionary
government and not ratified.
The 1987 Constitution
• Authorized by a revolutionary government, framed
by appointive commissioners, and ratified under the
authority and auspices of said government.
Editor's Notes
Is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley)
The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. (Justice Malcolm, on the 1987 Consti.)
Is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley)
The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. (Justice Malcolm, on the 1987 Consti.)
A constitution is the charter creating the government, or the organic basic law by virtue of which the government exists as such.
It speaks for the entire people and in full authority for all that is done in pursuance of tis provisions.
It is binding on all individual citizens and all organs of the government for it is the law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.
It is the test of the legality of all governmental action.
2. It must be stressed that when it comes to certain basic individual rights, such as religious freedom, it is not the Constitution that creates or confers them.
3. The constitution is not “the origin of private rights; it is not the fountain of law nor the incipient state of government; it is not the cause but the consequence of personal and political freedom.
Expediency must not be allowed to sap its strength nor greed for power debase its rectitude. Right or wrong, the constitution must be upheld as long as it has not been changed by the sovereign people lest its disregard result in the usurpation of the majesty of law by the pretenders to illegitimate power. (cruz)
Tyding-McDuffie Law is also known as the Philippines Independence Act, enacted by the US Congress, authorizing the Philippine Legislature to call a constitutional convention to draft a constitution for the
Under the Proclamation, the ConCom “shall be composed of not more than 50 national, regional, and sectoral representatives who shall be appointed by the President.
Proclamation no. 3 did not fix a definite time frame for drafting the Constitution except that the Constitutional Commission “shall complete its work within as short a period as may be consistent with the need both to hasten the return of normal constitutional government and draft a document truly reflective of the ideals and aspirations of the Filipino people.”