Part 3

THE CONSTITUTION

CONSTITUTION: the fundamental law of the land. All laws must conform with its letter and intent. It is the sole legitimate source of authority, power and control. It prevents chaos, abuses and injustices The study of constitution is mandatory in all levels of instruction in all all schools (Article XIV, Section 3 (1)) The purpose of this involuntary study is not to make the students constitutional experts but to make them resposible members of the Philippine society. Their knowledge about their rights and how things are done in the government for instance will enable them to contribute in attaining a just, orderly and richer future for the Filipinos.

CONSTITUTIONALISM denotes the rule of law. In the Philippines, the principle of Constitutionalism includes the following devices: 1. Branches of government are defined and differentiated according to authority and function. 2. Separation of powers and the principle of checks and balances 3. Delineation of powers among those who rule (including those heading government institutions and departments) 4. Provision for amendment and repeal 5. Limitations of the power of the state to control certain aspects of individual liberties. CONSTITUTIONAL LAW is a part of Public Law that involves the Constitution together with the judicial rulings about its meaning and intent

CLASSIFICATION OF A CONSTITUTION 1. Enacted Constitution (ex. Philippines) 2. Evolved Constitution. It is a cumulative product of traditions, customs, values, judicial precedents etc. (Ex. British Constitution) 3. Written Constitution. It is codified, expressed and formalized. Its characteristics include: clarity, brevity and should be broad 4. Unwritten Constitution. It is a product of political evolution. 5. Rigid Constitution. It is inelastic or difficult to amend. 6. Flexible Constitution. It may be amended even through simple legislative process.

Basic Rules in the Construction and Interpretion of a Constitution 1. Establish the effects of the intent and purpose of the Constitution. The intent of the law maybe achieved from the letter and spirit of the Constitution The intent of the law may also be deduced from the objectives of the framers as well as the evils sought to be remedied by it. 2. The Constitution must be construed as a whole. 3. The spririt of the law prevails over the letter thereof 4. Words must be given their ordinary or literal meaning.