CONSTITUTIONAL LAW 2

Constitution the body of rules and maxims exercised in accordance to which the powers of sovereignty are actually

Constitutional Law study of the maintenance of the proper balance between authority as represented by the three (3) inherent powers of the state and the liberty as guaranteed by the Bill of Rights Political Law the branch of public law which deals with the organization and operations of the governmental organs of the state and defines the relation of the inhabitants of its territory Purpose:

to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties,, and to establish certain first fixed principles on which government is founded. It is not the constitution that creates individual rights, it merely recognizes and protects
Classification: Written precepts are embodied in one document or sets of document Unwritten consists of rules which have not been integrated in a single, concrete form but scattered in various sources Conventional enacted constitution, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or rules Cumulative a result of a political evolution, not inaugurated at any specific time but changing by accretion rather than by systematic period. Rigid- one that can be amended only by a formal and usually difficult process Flexible one that can be changed by ordinary legislation Qualities of a Written Constitution 1. Broad to provide the organization of the govt. and to cover all persons and things within the state but to embody the past, reflect the present and anticipate the future. Comprehensive enough to provide contingency 2. Brief to confine itself to the basic principles to be implemented with legislative details more adjustable to change and easier to amend 3. Clear or definite to avoid confusion and divisiveness among the people and perhaps even physical conflict 3 main parts of the constitution 1. Constitution on Liberty sets forth civic and political rights 2. Constitution on government sets forth the organization of the government 3. Constitution on sovereignty deals with the process of amending or revising the constitution