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Chapter I – Introduction

Constitutional Law - the study of the maintenance of the proper balance between
authority as represented by the 3 inherent powers of the state and liberty as guaranteed by
the Bill of Rights.

- The true role of the constitutional law is to effect an equilibrium between authority and
liberty so that rights are exercised within the framework of the law and the laws are
enacted with due deference to rights.

The Fundamental Powers of the State:


1. The power of eminent domain.
2. The power of taxation.
3. The police power.

Safeguards of the bill of rights:


1. The right to due process and equal protection of the law.
2. The prohibition against unreasonable searches and seizures
3. Freedom of expression
4. The impairment clause
5. The guarantees against injustice to the accused.

Their common objective is: Co-existence.

Their ultimate goal: a well ordered society based on the inviolability of rights which
although they may not be curtailed arbitrarily, may nevertheless be regulated for the
common good.

The recognition of authority is sine qua non for the proper enjoyment of liberty.

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