Concept of Philippine Constitution DOCX

Title	Concept of Philippine Constitution
Author	Clare Avellaneda
Pages	2
File Size	15.5 KB
File Type	DOCX
Total Downloads	73
Total Views	223

Summary

Concept of Philippine Constitution 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.” As thus defined, it covers both written and unwritten constitution. Nature and Pu...

Description

Concept of Philippine Constitution 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." As thus defined, it covers both written and unwritten constitution. Nature and Purpose or Function of Constitution a. Serves as the supreme or fundamental law – A constitution is 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. b. Establishes basic framework and underlying principles of government – The constitution is also referred to as the organic or basic law being or relating to the law by virtue of which the government exists as such. Meaning of Constitutional Law Constitutional law may be defined as that branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation. Kinds of Constitution Constitution may classify as follows: 1. As to their origin and history a. Conventional or enacted- One which is enacted by a constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889; and b. Cumulative or evolved- Like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment. 2. As to their form a. Written- One which has been given definite written form at a particular time, usually by a specially constituted authority called a "constitutional convention"; and b. Unwritten- One which is entirely the product of political revolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates. 3. As to manner of amending them a. Rigid or inelastic- One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process; and b. Flexible or elastic- One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws. The Philippine Constitution may be classified as conventional or enacted, written, rigid or inelastic. It was drafted by an appointive body called "Constitutional Commission."...