Concept of constitution

1. D. CONCEPT OF CONSTITUTION Philippine Government and Constitution

2. MEANING OF CONSTITUTION “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.” Philippine Government and Constitution

3. MEANING OF CONSTITUTION A constitution is a charter creating the government. Philippine Government and Constitution

4. CONSTITUTIONAL SUPREMACY It is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered. Philippine Government and Constitution

5. What is the purpose of the Constitution? To prescribe the permanent framework of a system of government; To assign to the several departments their respective powers and duties; To establish certain first fixed principles on which government is founded. Philippine Government and Constitution

6. Does the Constitution create basic rights? No. It merely recognizes and protects these rights and does not bring them into existence. Philippine Government and Constitution

7. Meaning of Constitutional Law Constitutional law maybe defined as the branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation. Philippine Government and Constitution

8. Meaning of Constitutional Law … refers to the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts of the provisions of the Constitution in specific cases. Philippine Government and Constitution

9. Classifications of the Constitution Writtenor unwritten Evolved or enacted Rigidor flexible Philippine Government and Constitution

10. Qualities of a Good Written Constitution Broad –it must be comprehensive to provide for every contingency 2. Brief – it must confine itself to basic principles to be implemented with legislative details more adjustable to change Philippine Government and Constitution

11. Qualities of a Good Written Constitution 3. Definite – to prevent ambiguity which could result in confusion and divisiveness among the people. Philippine Government and Constitution

12. Essential Parts of a Good Written Constitution Constitution of Liberty e.g., Art III Constitution of Government e.g., Art VI, VII, VIII, and IX 3. Constitution of Sovereignty e.g., Art XVII Philippine Government and Constitution

13. Brief Constitutional History 1. Malolos Constitution 2. The American Regime and the Organic Acts 3. The 1935 Constitution 4. The Japanese (Belligerent) Occupation 5. The 1973 Constitution 6. The 1987 Constitution a. Proclamation of the Freedom Constitution b. Adoption of the Constitution c. Effectivity – Feb 2, 1987 (De Leon vs. Esguerra, 153 SCRA 602) Philippine Government and Constitution