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Political Law

Political Law

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Published by: Chapapa on Jan 30, 2009
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2008 Political Law and Public International LawPersonal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-Rreview materials,www.pinoylaw.net
 
, etc.)Ma. Luisa Angeles Ramos
POLITICAL LAW
That branch of public law which deals with the organization and operations of thegovernmental organs of the State and defines the relations of the State with theinhabitants of its territory.
Scope/Divisions of Political Law:
1.Constitutional Law—the study of the maintenance of the proper balance betweenauthority as represented by the three inherent powers of the state and liberty asguaranteed by the Bill of Rights.2.Administrative Law-- That branch of public law which fixes the organization,determines the competence of administrative authorities who executes the law,and indicates to the individual remedies for the violation of his right.3.Law on Municipal Corporations4.Law of Public Officers5.Elections Law
Basis:
1.1987 Constitution2.1973 and 1935 Constitutions3.Organic laws made to apply to the Philippinesa.Philippine Bill of 1902b.Jones Law of 1916c.Tydings-McDuffie Law of 19344.Statutes, executive orders and decrees, and judicial decisions5.US Constitution
ConstitutionStatute
legislation direct from the people;
states general principles;
intended not merely to meet existingconditions;
it is the fundamental law of the State
legislation from the people’s representative;
provides the details of the subject matter of which it treats;
intended primarily to meet existing conditionsonly;
it conforms to the Constitution
PHILIPPINE CONSTITUTION
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2008 Political Law and Public International LawPersonal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-Rreview materials,www.pinoylaw.net
 
, etc.)Ma. Luisa Angeles Ramos
Constitution—
it is the document which serves as the fundamental law of the State; thatbody of rules and maxims in accordance with which the power of sovereignty arehabitually exercised.That written instrument enacted by direct action of the people by which thefundamental powers of the government are established, limited and defined, and bywhich those powers are distributed among the several departments for their safe anduseful exercise for the benefit of the body politic.It is the basic and paramount law to which all other laws must conform and towhich all persons, including the highest officials of the land, must defer. No act shall bevalid, however noble its intention, if it conflicts with the Constitution. The Constitutionmust ever remain supreme. All must bow to the mandate of this law. Right or wrong, theConstitution must be upheld as long as the sovereign people have not changed it.
Classification:1.
Written or unwritten
WrittenUnwritten
-one whose precepts are embodied in onedocument or set of documents-consists of rules which have not beenintegrated into a single, concrete form butare scattered in various sources
Examples
: a.
 
statutes of fundamentalcharacter;
b.
 judicial decisions;c.commentaries of publicists;d.customs and traditions;e.certain common law principles
2.
Enacted (conventional) or Evolved (Cumulative)
Enacted (conventional)Evolved (Cumulative)
-formally struck off at a definite time andplace following a conscious or deliberateeffort taken by a constituent body or ruler -the result of political evolution, notinaugurated at any specific time butchanging by accretion rather than by anysystematic method3.Rigid or Flexible
RigidFlexible
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2008 Political Law and Public International LawPersonal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-Rreview materials,www.pinoylaw.net
 
, etc.)Ma. Luisa Angeles Ramos
-one that can be amended only by a formaland usually difficult process-one that can be changed by ordinarylegislationThe Philippine Constitution is written, conventional and rigid. It is embodied inone document and can be amended only by a formal and usually difficult process.
Interpretation:
 
1.
Verba Legis
whenever possible, the words used in the Constitution must begiven their ordinary meaning
except
where technical terms are employed.
2.
When there is Ambiguity
ratio legis et anima
--
A doubtful provision shall beexamined in the light of the history of the times and the conditions andcircumstances under which the Constitution was framed.
(Civil Liberties Unionvs. Executive Secretary, 194 SCRA 317)
3.
Ut magis valeat quam pereat 
the Constitution has to be interpreted as awhole.
(Francisco vs. HR, G.R. No. 160261, November 10, 2003)
If the plain meaning of the word is not found to be clear, resort to other aids isavailable—construe the Constitution from what “appears upon its face”. The proper interpretation, therefore, depends more on how it was understood by the peopleadopting it than in the framers’ understanding thereof.In case of doubt, the provision should be considered as self-executing;mandatory rather than directory; and prospective rather than retroactive.
Self-executing provision—
one which is complete in itself and becomes operativewithout the aid of supplementary or enabling legislation, or that which supplies asufficient rule by means of which the right it grants may be enjoyed or protected.
Essential Qualities of the Written Constitution:1.
Broad;
2.
Brief; and
3.
Definite.
Essential parts of a good written Constitution:
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