2. 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.
3. 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.
4. • Establishes basic framework and underlying principles
of government− the purpose of a constitution is to
prescribe the permanent framework of the system of
government and to assign to the different department
or branches, their respective powers and duties, and to
establish certain basic principles on which the
government is founded.
5. Constitutional Law- may be defined as that branch
of public law which treats of constitutions, their
nature, formation, amendment, and interpretation.
6. (1)As to their origin and history:
(a)Conventional or enacted.− one which is enacted by a
constituent assembly or granted by a monarch.
(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.
7. (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”.
(b) Unwritten− one which is entirely the product
of political evolution, 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.
8. (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.
(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.
9. It has the advantage of clearness
and definiteness over an unwritten
one.
Its disadvantage lies in the
difficulty of its amendment.
10. (1)As to form a good written constitution should be:
(a)Brief− because if a constitution is too detailed, it would
lose the advantage of a fundamental law which in a few
provisions outlines the structure of the government of the
whole state and the rights of the citizens.
(b)Broad− because a statement of the powers and functions
of government, and of the relations between the governing
body and the governed, requires that it be as
comprehensive as possible.
(c)Definite− because otherwise the application of its
provisions to concrete situations may prove unduly difficult
if not impossible.
11. (2)As to contents it should contain at least three sets of
provisions:
(a) That dealing with framework of government and its
powers, and defining the electorate. This group of
provisions has been called the constitution of government.
(b) That setting forth the fundamental rights of the people
and imposing certain limitations on the powers of the
government as a means of securing the enjoyment of these
rights. This group has been referred to as the constitution
of liberty.
(c) That pointing out the mode or procedure for amending
or revising the constitution. This group has been called the
constitution of sovereignty.
12. (1) A constitution is legislation direct from the people,
while a statute is legislation from the people’s
representatives.
(2) A constitution merely states the general framework
of the law and the government, while a statute
provides the details of the subject of which it treats.
(3) A constitution is intend not merely to meet existing
conditions but to govern the future, while a statute is
intended primarily to meet existing conditions only.
(4) A constitution is the supreme or fundamental law of
the state to which statutes and all other laws must
conform.
13. (1) Even a private individual may interpret or ascertain the meaning
of particular provisions of the Constitution in order to govern his
own actions and guide him in his dealings with other men.
(2) It is evident, however, that only those charged with official
duties, whether executive, legislative, or judicial, can give
authoritative interpretation.
(a) This function primarily belongs to the courts whose final
decisions are binding on all departments or organs of the
government, including the legislature.
(b) There are, however, constitutional questions which under the
Constitution are addressed to the discretion of other
departments and, therefore, beyond the power of the judiciary to
decide.
14. The fundamental purpose in construing
constitutional provisions is to ascertain and give effect
to the intent of the framers and of the people who
adopted or approved it or its amendments.
