constitution
Post on 05-Dec-2014
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CONSTITUTION IS DEFINED AS:
• A constitution is "the body of those written or unwrittenfundamental laws which regulate the most important rights of thehigher magistrates and the most important essential privilegesof the subjects."
Nature And purpose of a constitution
1) It serves as a supreme or
fundamental law• It is the charter that created a
government
• It is binding all individual citizens and parts of the government together as one
• It is the ultimate law; the law other laws must abide by
• It is the test of legality by government officials
2) Establishes the basic framework and
underlying principles of the government
• Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers and duties
• To establish certain basic principles by which the government is founded
• Designed to preserve and protect the rights of the citizens against the powers of the state
KINDS OF CONSTITUTION
A Constitution may be classified into 2 according to
Sir Henry Maine
KINDS OF CONSTITUTION
Historical and Revolutionary
Those constitutions which develop gradually according to the experiences, customs, and traditions of the people.
KINDS OF CONSTITUTION
Those constitutions which are founded on speculative assumptionsremote from the experiences of the people
A Priori
KINDS OF CONSTITUTION
ACCORDING TO FORM
KINDS OF CONSTITUTION
WRITTEN CONSTITUTION
UNWRITTEN CONSITUTION
ACCORDING TO FORM
KINDS OF CONSTITUTION
Written constitution
• A written constitution is a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form.
• A constitution is the supreme law of the land which must serve as the basis of the acts of all the different branches and officials in the government.
KINDS OF CONSTITUTION
Unwritten Constitution
• An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. It consists of customs, conventions, traditions, and some written laws bearing different dates. It is unsystematic, indefinite and un-precise. Such a constitution is not the result of conscious and deliberate efforts of the people.
KINDS OF CONSTITUTION
KINDS OF CONSTITUTION
ACCORDING TO
MANNER OF AMENDMENT
KINDS OF CONSTITUTION
CONVENTIONAL OR ENACTED
RIGID
ACCORDING TO AMENDMENT
KINDS OF CONSTITUTION
Convention or Enacted Constitution
• One is enacted by a constitution assembly or granted by monarch of his subject
KINDS OF CONSTITUTION
KINDS OF CONSTITUTION
Rigid Constitution
• One regarded as a document of “special sanctity” which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. Whereas a flexible constitution is one which can be altered or amended in the same way to other laws
Constitution of the Philippines
Officially known as the “1987 Constitution of the Philippines”
Features:• Reinstitution of a democratic
government• Separation of church and state• Sovereignty of the people• Renunciation of war as a national policy• Supremacy of civilian authority over
the military• Separation of powers
Parts of the Philippine constitution
Preamble• Describes the purpose of the
document and governmentArticles• Establish how the government is
structured and how the Constitution can be changed. There are seven articles.
Amendments• Changes to the Constitution; the
first ten are called the Bill of Rights.
Preamble of the Philippine Constitution
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.”
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