Professional Documents
Culture Documents
Constitution
It is supreme, imperious, absolute and unalterable
except by the authority from which it emanates. It has
been defined as the fundamental and paramount law
of the nation
Interpretation vs Construction
Interpretation
The activity of discerning the linguistic
meaning in context (or communicative
content) of a legal text.
Construction
The activity of determining the legal
effect (or legal content) of a legal text.
Non self-executing
Impeachable officials
President
Vice President
Members of the SC
Members of the Constitutional Commission
Ombudsman
Interpretation of the Constitution
Verba legis- it must be given its literal meaning and applied without attempted
interpretation.
Ratio legis est anima- that the words of the Constitution should be interpreted in
accordance with the intent of its framers.
Ut magis valeat quam pereat- The Constitution is to be interpreted as a whole
De facto
The term has come to describe
control of state without the
recognition of the state
De Jure
A de jure government is the legal, legitimate governm
ent of a state and is so recognized by other states
Paying tax
Follow the laws
. Territory
[M]ust be neither too big as to be difficult to administer and defend nor too
small as to be unable to provide for the needs of the population
o Macariola vs. Asuncion(Government and the officials)
POWER
1.legislate law
2.Repeal
3.Alter
1.enfore
2.administerlaw
3.application of law
DELEGATION OF POWERS
Doctrine of separation of powers is the principle of non delegation powers.The rule
is potestas delegate non delegari potest-what has been delegated cannot be
delegated.
Kinds of constitution
Written or unwritten- consists of rules which have not been integrated into a
single ,concrete form.
Rigid-the one that can be amended only by a formal and usually difficult
process .flexible can be change by ordinary legislation