Download - Constitutional Law 2 Note Cards - Ch. 2
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(Consti Law 2) 1
HOW IS THE CONSTITUTION DEFINED?
a.
According to Cooley
b. According to Malcolm
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(Consti Law 2) 2
COOLEY: that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised.
MALCOLM: 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.
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(Consti Law 2) 3
Supremacy of the Constitution
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(Consti Law 2) 4
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.
Expediency must not be allowed to sap its strength.
Right or wrong it must be upheld unless changed by the sovereign
people
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How are Constitutions classified?
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1. Written: one whose precepts are embodied in one document or set
of documents.
2. Unwritten: consists of rules which have not been integrated into a
single concrete form, but scattered from various souces.
3.
Evolved: (cumulative constitution) a result of political evolution.4. Enacted: (conventional constitution) formally struck off at a definite
time and place.
5. Rigid: one that can be amended only by a formal or usually difficult
process.
6. Flexible: can be changed by ordinary legislation.
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(Consti Law 2) 7
What are the essential qualitiesof the written constitution?
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BROADbecause it provides for the organization of the entire
government, people, territory and state, and embodies the past to
anticipate the future.
BRIEF because it must confine itself to basic principles to beimplemented with legislative details more adjustable to change and
easier to amend.
DEFINITE because it must be clear lest ambiguity in its provisions
result in confusion and divisiveness among people, even conflict.
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(Consti Law 2) 9
What are the essential parts of the Written Constitution?
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(Consti Law 2) 10
Three essential substantive parts:
1.
Constitution of Liberty
2.
Constitution of Government
3.
Constitution of Sovereignty
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(Consti Law 2) 11
What is constitution of liberty?
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(Consti Law 2) 12
Constitution of Liberty: prescriptions setting forth the fundamental
civil and political rights of the citizens and imposing limitations on the
powers of the government as a means of securing the enjoyment of
those rights.
Principally found in Art. III, II, IV, V, and XII.
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(Consti Law 2) 13
What is constitution of government?
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(Consti Law 2) 14
Constitution ofGovernment consists of a series of provisions outlining
the organization of the government, enumerating its powers, laying
down certain rules relative to its administration, and defining the
electorate.
Found in Arts. VI to XI of the Constitution.
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(Consti Law 2) 15
What is constitution of sovereignty?
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(Consti Law 2) 16
Constitution of sovereigntyconsists of provisions pointing out the
mode or procedure in accordance with which formal changes in the
fundamental law may be brought about.
Found in Art. XVII of the Constitution.
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(Consti Law 2) 17
Permanence of the Constitution
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(Consti Law 2) 18
Permanence is its capacity to resist capricious or whimsical change
dictated not by passing fancies, temporary passions or occasional
infatuation of the people with ideas or personalities.
But the virtue of permanence may at the same time be a disadvantagewhere the written constitution is unable to adjust to the need for
change justified by new conditions and circumstances.
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(Consti Law 2) 19
How should the Constitution be interpreted?
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(Consti Law 2) 20
The constitution must change with the changing times lest it impede
the progress of the people with antiquated rules grown ineffective in a
modern age.
In case of doubt, the constitution should be considered self-executingrather than non-self-executing; mandatory rather than directory; and
prospective rather than retrospective.
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(Consti Law 2) 21
Amendment or Revision
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Amendment: isolated or piecemeal change.
Revision: revamp or rewriting of the whole instrument.
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Procedure in amending or revising the Constitution
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1.
Proposalmade either directly by congress or by a constitutional
convention.
a. Amendmentdirect legislative action(3/4) of the members.
Avoids unnecessary expenditures.
b. Revisionconstitutional convention(2/3) of all the members of
congress.
c. InitiativeSection 2 of Article XVII
2. Ratification(above) shall be valid when ratified by a majority of the votes
cast in a plebiscite held not earlier than sixty days nor later than ninety days
after the approval of such change by the COMELEC.
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(Consti Law 2) 25
Judicial Review of Amendments
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The present doctrine allows the courts to inquire into whetheror not
the prescribed procedure for amendment has been observed.
Tanada vs. Cuenco
Sanidad vs. COMELEC