Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Untitled

Untitled

Ratings: (0)|Views: 4|Likes:

More info:

Published by: Luzalej Faith Barbac on Nov 27, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as TXT, PDF, TXT or read online from Scribd
See more
See less

11/27/2012

pdf

text

original

 
Constitutional Law II NotesLuzalej Faith T. BarbacWHAT IS CONSTITUTIONAL LAW?The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights.It's true role is to effect an equilibrium between authority and liberty so thatrights are exercised within the framework of the law and the laws are enacted with due deference to rights.WHAT IS A CONSTITUTION?Justice Malcolm definition: 'the written instrument enacted by direct action ofthe people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the severaldepartments for their safe and useful exercise for the benefit of the body politic.'WHAT ARE THE PURPOSES OF A CONSTITUTION?The purpose of the Constitution is to prescribe the permanent framework of a system of government, to assign to the several departments their respective powersand duties, and to establish certain fixed principles on which government is founded.It is not the origin of private rights; it is not the fountain of law nor the incipient state of government; it is not the cause but the consequence of personaland political freedom.STATE THE SUPREMACY OF THE CONSTITUTION?It 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.WHAT ARE THE CLASSIFICATIONS OF A CONSTITUTION?1. Written - precepts are embodied in one document or set of documents2. Unwritten - consists of rules which have not been integrated into single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles3. Enacted - ex. Conventional Constitution. One that is formally 'struck off' ata definite time and place following a conscious and deliberate effort taken bya constituent body or ruler.4. Evolved - ex. Cumulative Constitution. One that is not inaugurated at any specific time but changing by accretion rather than by any systematic method.5. Rigid - one that can be amended only by a formal and usually difficult process.6. Flexible - one that can be changed by ordinary legislation.ENUMERATE AND DEFINE THE ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION1. Broad - embodies the past, reflects the present and anticipates the future. It provides for the organization of the entire government and covers all personsand things within the territory of the State. Comprehensive enough to provide for every contingency.2. Brief - confines itself to basic principles to be implemented with legislative details, more adjustable to change and easier to amend.3. Definite - no ambiguity in its provisions that would result in confusion and
 
divisiveness among the people, and perhaps physical conflict. Exception: found only in cases where the rules are deliberately worded in a vague manner, like thedue process clause, to make them more malleable to judicial interpretation in the light of new conditions and circumstances.ENUMERATE AND DEFINE THE ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION1. Constitution of Liberty - consists of a series of prescriptions setting forththe fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights.2. Constitution of Government - consists of a series of provisions outlining theorganization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate.3. Constitution of Sovereignty - consists of the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law maybe brought about.DEFINE PERMANENCE OF THE CONSTITUTIONThe capacity to resist capricious or whimsical change dictated not by legitimateneeds but only by passing fancies, temporary passions or occasional infatuations of the people with ideas or personalities. WHAT IS THE DISADVANTAGE OF A CONSTITUTION'S PERMANENCE?It may be unable to adjust to the need for change justified by new conditions and circumstances. The written constitution may become an impediment rather than aspur to progress.HOW IS THE CONSTITUTION INTERPRETED?Like statutory enactments, the Constitution should be read in accordance with the usual rules on interpretation and construction. It's interpretation should give effect to the intendment of the framers. This intention is discoverableeither in the document itself or through the use of extrinsic aids.The Constitution must be change with the changing times lest it impede the progress of the people with the antiquated rules grown ineffective in a modern age.DEFINE A SELF-EXECUTING FROM A NON-SELF-EXECUTING PROVISION.A self-executing provision is a rule that by itself is directly or indirectly applicable without need of statutory implementation while a non-self-executing provision is one that remains dormant unless it is activated by legislative implementation.Unless the contrary is clearly intended, the provisions of the constitution should be considered self-executing.WHAT ARE 'IRON RULES'?These provisions in the Constitution which are not as malleable to judicial interpretation. They cannot be altered except by formal amendment.STATE THE DIFFERENCE BETWEEN AMENDMENT AND REVISIONAmendment means isolated or piecemeal change only while a Revision is a revamp or the rewriting of the whole instrument.WHAT ARE THE TWO STEPS INVOLVED IN THE AMENDMENT OF REVISION OF OUR CONSTITUTION
 
The proposal is generally made either directly by the Congress or by a Constitutional Convention while Ratification involves the people themselves in the sovereign act of drafting or altering the fundamental law.Under Proposal:1. Direct Legislative Action - where what is intended is a mere amendment or change of particular provisions only. It needs at least 3/4 of the vote of the Congress. This method avoids the unnecessary expenditure of public funds and time that the calling of a Con-Con will entail.2. Constitutional Convention - if what is envisioned is the overhaul of the entire Constitution. The Con-Con has more time, opportunity and the needed expertiseto discharge the task. This may be made by a vote of 2/3 of all members of theCongress.WHAT IS THE THIRD METHOD OF PROPOSAL ALLOWED BY SECTION 2 OF ARTICLE XVII?It reads: Amendments to this Constitution may likewise be directly proposed by the people through Initiative in petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the register voters therein.ENUMERATE AND DEFINE THE THEORIES ON THE POSITION OF THE CONSTITUTIONAL CONVENTION1. Theory of Conventional Sovereignty - The Constitutional Convention is Supremeover the other departments of the government because the powers it exercises are in the nature of sovereign powers.2. The Constitutional Convention is Inferior since it is merely a creation of the legislature.3. Independent of and co-equal with the other departments. As long as it existsand confines itself within the sphere of its jurisdiction. This is what's widely accepted.WHAT DOES 'JUDICIAL REVIEW OF AMENDMENTS' MEAN?This doctrine allows the courts to inquire into whether or not the prescribed procedure for amendment has been observed.The judiciary may declare invalid a proposal adopted by less than three-fourthsof the members of the Congress, or a call for a a constitutional convention by less than two-thirds of the legislature, or a ratification made by less than a majority of the votes cast, or a plebiscite irregularly held.WHAT IS THE 1987 CONSTITUTION ABOUT?The fourth fundamental law to govern the Philippines since it became independenton July 4, 1946.WHAT IS VOTING?The concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted therein. Used to be no less than two-thirds of the Court were needed for a declaration of unconstitutionality, nowas few as five members can declare unconstitutional. This number being a majority of the quorum of with of the fifteen-member court.ENUMERATE AND DEFINE THE REQUISITES OF A JUDICIARY INQUIRY1. There must be an actual case or controversy- involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication.- The case must not be moot or academic.- There must be a contratriety of legal rights that can be interpreted and enfor

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->