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Constitutional Law 2 - 2 -----------------------Theory – attempts to explain, justify the existence of something Not considered the exact explanation or justification

of a particular thing

Social contract theory – legitimacy of political authority Who should people obey the laws? What justifies authority over people o What social contract theory tries to answer

anarchy - absence of government, absence of law Anarchia = absence of law

state of nature - hypothetical fact Thomas Hobbes - man only interested in fulfilling their self interest - brutish, warlike, nasty - limited resources, no power to bring the people together men are naturally and exclusively self-interested because there is no power able to force men to cooperate, the state of nature is brutish, nasty and war-like. In this state of nature, every person is always in fear of losing his life to another, hence the need for men to agree on a higher authority to govern them for security. Men were willing to submit even to an absolute authority.

John Locke - state of nature is peaceful - people tend to stay in that state, people are governed by natural laws - people owned properties, beginning of property rights, conflict arises The state of nature is a state of perfect and complete liberty to conduct one's life as one best sees fit according to the law of nature, free from the interference of others. However, Locke acknowledged that this peaceful state of nature may escalate into a state of war over property disputes, hence the need of a higher civil authority to resolve the dispute and to maintain peace. it is for this reason that men abandoned the state of nature and contracted together to establish a civil government.

Since the civil government was to be established for a limited purpose (because the state of nature was not brutish), it had to be a limited government, conditioned to promote the general welfare.

Jean-Jacques Rousseau - progress of man from state of nature to civil government the state of nature was peaceful but unpredictable. it then evolved into a society full of shame, envy, pride, and contempt as people began to acquire properties and form public values. the invention of property constitutes humanity's "fall from grace" out of the State of Nature, leading to inequity of men and the establishment of "social classes" and the eventual subservience to others from freedom (men were born free, according to subservience to others for freedom (men were born free, according to Rousseau). How can we be free and live together? Rousseau: "by submitting our individual, particular wills to the collective or general will, created through agreement with other free and equal persons". the only "justified authority", as with Hobbes and Locke, is the authority that is generated pit of agreements or covenants. This covenant is the real foundation of the society.

Constitution - a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised (Cooley, Constitutional Limitations). - written and unwritten - constitution limits the powers of the government

meaning of "in accordance with which": = powers are established (by prescribing framework), limited (by assigning the powers), and defined by establishing diced principles).

Supremacy of the constitution: - higher than and takes precedence over all other laws - legislature, executive and the courts must follow the constitution

consequence - higher over all other law - supreme, imperious and absolute; no amount of nobility in one's act can justify noncompliance of the constitution

Constitutionalism - the central purpose of constitutionalism: the central purpose of constitutionalism is to LIMIT government power - to CHECK and RESTRAIN the persons who hold public office and exercise political authority - constitution is not the source of power but it will limit the powers

Constitution and the Court judicial power a. judicial power proper - to settle controversies or disputes between parties involving demandable legal rights through the application of law (statue or constitution). (here, there is no judgment on the validity of governmental acts.)

b. judicial review i. ordinary judicial review (constitutional review) ii. expanded judicial review ( extraordinary certiorari jurisdiction)

ordinary judicial review -involves constitutionality of a governmental act + madison vs Marbury - separation of powers = inherent power of the supreme court - principle of checks and balance

expanded judicial review - certiorari jurisdiction of courts - from the word correct higher courts have certiorari jurisdiction - the act to correct the lower courts - can also check the executive and legislative

Problem: A law is passed" prohibiting the use of mobile phones or any communication device while inside a vehicle". The law imposes the penalty of "one month imprisonment or a fine of P10,000.00 at the discretion of the court"/ The law requires the Department of Transportation and Communication (DOTC) Secretary to implement the statute, However, even before the DOTC could issue the implementing rules, Smart Telecommunications, Globe and other telecommunication companies and manufacturers of mobile phones in the country filed a petition in the Supreme Court challenging the constitutionality of the law. Will it prosper? why or why not?

it will not prosper, because the case was filed pre-maturely hypothetical issue

facial challenge - question whether it is constitutional or not

applied challenge - declare unconstitutional because it is applied on you

Facial Challenge: 1. Strict Scrutiny - governmental acts that do not enjoy constitutionality 2. Overbreadth - purpose is valid by unnecessarily infringes preferred rights 3. Void-for-vagueness -

laws that affect preferred rights in constitutional law freedom of expression - occupies a preferred status in the hierarchy of rights for freedom