1OUTLINE IN CONSTITUTIONAL LAW 1
CHAPTER IGENERAL CONSIDERATIONSPolitical Law
Political law is that branch of publiclaw which deals with the organization andoperations of the governmental organs of the State and defines the relations of theState with the inhabitants of its territory.
Scope of Political Law
Law of Public Officers
Law on Municipal Corporations
Constitutional law is a study of thestructure and powers of the Governmentof the Republic of the Philippines.It also deals with certain basicconcepts of Political law, such as thenature of the State, the supremacy of theConstitution, the separation of powers, andthe rule of the majority.
Necessity of the Study
Every citizen, regardless of thecalling, should understand themechanisms and motivations of hisgovernment. This must be so because“sovereignty resides in the people and allgovernment authority emanates fromthem” (Art.II, Sec. 1, 1987 Constitution). Itis upon the active involvement in publicaffairs of every Filipino that the success of the Republic of the Philippines will depend.
CHAPTER IITHE CONSTITUTION OF THEPHILIPPINESConstitution of the Phils., past andpresent
Commonwealth Constitution (1935)
Constitution of 1973
Freedom Constitution (Feb. 25,1986)
1987 Constitution (adopted on Feb.02, 1987)
Revival of the Bicameral Congressof the Philippines and the strictlylegal Presidential system.
The independence of the judiciaryhas been strengthened, with newprovisions for appointment andincrease in its authority, coveringeven political questions formerlybeyond its jurisdiction.
Supremacy of the Constitution
The Constitution is the basic andparamount law to which all other lawsmust conform and to which all persons,including the highest officials of the land.
CHAPTER IIITHE CONCEPT OF THE STATEDefinition
A state is a community of persons,more or less numerous, permanentlyoccupying a fixed territory, and possessedof an independent government organizedfor political ends to which the great bodypolitic render habitual obedience.
State vs. Nation
The term nation indicates a relationof birth or origin and implies a commonrace, usually characterized by communityof language and customs. The State is alegal concept, while the nation is only aracial or ethnic concept.
Elements of state.