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Goals for Political Science Majors

Department of Political Science

Upon graduation, Political Science majors at CSULB should:

1. Understand the role of politics and political action in human societies at the local, national,
and international levels.

2. Understand their own place in the political world and appreciate the importance of political
awareness, agency, empowerment, and civic responsibility in their lives and in society.

3. Understand the role of political ideas, value conflicts, and ideology in human societies.

4. Be able to criticize alternative political ideas and ideologies and take positions on, and argue
(orally and in writing) for different political and issue positions.

5. Be able to describe and explain the structural context within which politics takes place,
including the role of the economy, society, and culture, and conflicts over and within those
domains.

6. Understand the historical development of political institutions, the functions of government,


and the strengths and weaknesses of alternative forms of government.

7. Understand the role of political leadership in politics, government, and society.

8. Be able to think systematically and critically, and write clearly and cogently, about politics
and government in contemporary societies.

9. Be able to think theoretically, and be able to apply alternative political theories, to politics at
the local, national, and international levels.

Importance of polscience..

Political Science is important to society because, in an age of complex government, an educated


citizenry is the best safeguard for democracy. Political Science is valuable for individuals who
want to know more about the values, laws, institutions and policy mechanisms that govern their
lives in society, and as well, the differences between their system of government and those in
other countries.
Beyond this, Political Science is an especially useful preparation for students who wish to pursue
careers in teaching, law, public service or business.

Approach

Political science, as currently conceived, is a relatively new concept that dates to the nineteenth-
century United States. Prior to this time, the study of politics in the West remained a part of
natural philosophy, and it tended to focus on philosophical, historical, and institutional
approaches. The ancient Greek philosopher Aristotle is often named as the first "political
scientist," but his approach differs markedly from what is currently understood to be "political
science." Aristotle primarily occupied himself with addressing what sort of political system
would best enable the highest human life of eudaimonia (happiness). In the Politics, Aristotle
surveys an array of constitutions, separating them into six categories based on how many rule the
system and whether or not they rule well. This may be considered an empirical study of sorts and
perhaps the first "typology," but his method of study falls well short of what is currently
considered to be scientific.

The ancient Indian approach exemplified in the treatise Arthashastra (written by Kautilya around
300 B.C.E.) similarly differs from the modern approach to studying politics. Kautilya, often
compared to Thucydides, Thomas Hobbes, and Niccolò Machiavelli, discusses the importance of
law, kingly conduct, foreign policy, and administrative practices in an attempt to explain that
governments have the responsibility of tending to the well-being (broadly understood) of their
people. While these ancient approaches to studying politics differ in important ways from the
contemporary approach of political science, their emphasis on the pragmatics of political rule
connect rather well with contemporary political practice in the West. The Islamic approach to
political practice, however, contains some important differences. Notably, Islamic political
practice is firmly grounded in religion in so far as it sees the purpose of the state to be the
satisfaction of Allah's wishes, namely, the eradication of evil. Thus, whereas political practice in
the industrialized West has been able to evolve as ethical and moral codes have been altered or
evaporated (for example, the Christian prohibition on usury no longer carries much weight in a
capitalist framework), Islamic political practice has much more difficulty with such changes
because Allah is considered the One who dictates moral and ethical codes.

Political scientists of the early twenty-first century are motivated far more by an interest in
attaining political "knowledge" than Aristotle or Kautilya were. Aristotle sought less to be sure
of what he knew than to assess the role of politics in the good life. Indeed, this was the
motivating force behind almost all studies of politics (with the notable exceptions, perhaps, of
Augustine of Hippo and Machiavelli) until the nineteenth century. In many areas of the world,
such as Continental Europe, Asia, and the Middle East, the importance of studying politics for
more metaphysical reasons, rather than for simply epistemological ones, continues into the
twenty-first century. In these places, society still generally tends to take precedence over the
individual as the focus of political study. In the United States and the United Kingdom, by
contrast, the study of politics has adopted a strongly scientific stance, a stance that has embedded
itself in empiricist epistemology and individualism.
Political science is a social science concerned with the theory and practice of politics and the
description and analysis of political systems and political behavior. Political scientists "see
themselves engaged in revealing the relationships underlying political events and conditions.
And from these revelations they attempt to construct general principles about the way the world
of politics works."[1] Political science comprises several subfields including political theory,
public policy, national politics, international relations, and comparative politics.

Political science is methodologically diverse and appropriates many methods originating in


social research. Approaches include positivism, interpretivism, rational choice theory,
behavioralism, structuralism, post-structuralism, realism, institutionalism, and pluralism.
Political science, as one of the social sciences, uses methods and techniques that relate to the
kinds of inquiries sought: primary sources such as historical documents and official records,
secondary sources such as scholarly journal articles, survey research, statistical analysis, case
studies, and model building.

"As a discipline" political science, possibly like the social sciences as a whole, "lives on the fault
line between the 'two cultures' in the academy, the sciences and the humanities."[2] Thus, in some
American colleges where there is no separate School or College of Arts and Sciences per se,
political science may be a separate department housed as part of a division or school of
Humanities or Liberal Arts.[3] Whereas classical political philosophy is primarily defined by a
concern for Hellenic and Enlightenment thought, political scientists are broadly marked by a
greater concern for "modernity" and the contemporary nation state, and as such share a greater
deal of terminology with sociologists (e.g. structure and agency).

Political scientists study matters concerning the allocation and transfer of power in decision
making, the roles and systems of governance including governments and international
organizations, political behavior and public policies. They measure the success of governance
and specific policies by examining many factors, including stability, justice, material wealth, and
peace. Some political scientists seek to advance positive (attempt to describe how things are, as
opposed to how they should be) theses by analyzing politics. Others advance normative theses,
by making specific policy recommendations.

Political scientists provide the frameworks from which journalists, special interest groups,
politicians, and the electorate analyze issues. According to Chaturvedy, "...Political scientists
may serve as advisers to specific politicians, or even run for office as politicians themselves.
Political scientists can be found working in governments, in political parties or as civil servants.
They may be involved with non-governmental organizations (NGOs) or political movements. In
a variety of capacities, people educated and trained in political science can add value and
expertise to corporations.[4] Private enterprises such as think tanks, research institutes, polling
and public relations firms often employ political scientists."[5] In the United States, political
scientists known as "Americanists" look at a variety of data including elections, public opinion
and public policy such as Social Security reform, foreign policy, US Congressional committees,
and the US Supreme Court — to name only a few issues.

Most United States colleges and universities offer B.A. programs in political science. M.A. or
M.A.T. and Ph.D or Ed.D. programs are common at larger universities. The term political
science is more popular in North America than elsewhere; other institutions, especially those
outside the United States, see political science as part of a broader discipline of political studies,
politics, or government. While political science implies use of the scientific method, political
studies implies a broader approach, although the naming of degree courses does not necessarily
reflect their content.[6] Separate degree granting programs in international relations and public
policy are not uncommon at both the undergraduate and graduate levels. Master's level programs
in political science are common while political scientists engage in public administration.[7]

The national honour society for college and university students of government and politics in the
United States is Pi Sigma Alpha.

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas) is the supreme law
of the Philippines.

The Constitution currently in effect was enacted in 1987, during the administration of President
Corazon Aquino, and is popularly known as the "1987 Constitution".[1] Philippine constitutional
law experts recognize three other previous constitutions as having effectively governed the
country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution.[2][3] Constitutions for the Philippines were also drafted and adopted during the short-
lived governments of Presidents Emilio Aguinaldo (1898) and José P. Laurel (1943).

Contents
[hide]

 1 Background of the 1987 Constitution


 2 Preamble of the 1987 Constitution
 3 Significant features of the 1987 Constitution
 4 Historical constitutions
o 4.1 Constitution of Biak-na-Bato (1897)
o 4.2 Malolos Congress (1899)
o 4.3 Acts of the United States Congress
o 4.4 Commonwealth and Third Republic (1935)
o 4.5 Second Republic (1943)
o 4.6 The New Society and the Fourth Republic (1973)
 5 References
 6 Bibliography
 7 External links

[edit] Background of the 1987 Constitution

In 1986, following the People Power Revolution which ousted Ferdinand Marcos as president,
and following on her own inauguration, Corazon Aquino issued Proclamation No. 3, declaring a
national policy to implement the reforms mandated by the people, protecting their basic rights,
adopting a provisional constitution, and providing for an orderly translation to a government
under a new constitution.[4] President Aquino later issued Proclamation No. 9, creating a
Constitutional Commission (popularly abbreviated "Con Com" in the Philippines) to frame a
new constitution to replace the 1973 Constitution which took effect during the Marcos's martial
law regime. Aquino appointed 50 members to the Commission. The members of the Commission
were drawn from varied backgrounds, including several former congressmen, a former Supreme
Court Chief Justice (Roberto Concepcion), a Catholic bishop (Teodoro Bacani) and film director
(Lino Brocka). Aquino also deliberately appointed 5 members, including former Labor Minister
Blas Ople, who had been allied with Marcos until the latter's ouster. After the Commission had
convened, it elected as its president Cecilia Muñoz-Palma, who had emerged as a leading figure
in the anti-Marcos opposition following her retirement as the first female Associate Justice of the
Supreme Court.

The Commission finished the draft charter within four months after it was convened. Several
issues were heatedly debated during the sessions, including on the form of government to adopt,
the abolition of the death penalty, the continued retention of the Clark and Subic American
military bases, and the integration of economic policies into the Constitution. Brocka would walk
out of the Commission before its completion, and two other delegates would dissent from the
final draft. The ConCom completed their task on October 12, 1986 and presented the draft
constitution to President Aquino on October 15, 1986. After a period of nationwide information
campaign, a plebiscite for its ratification was held on February 2, 1987. More than three-fourth
of all votes cast, 76.37% (or 17,059,495 voters) favored ratification as against 22.65% (or
5,058,714 voters) who voted against ratification. On February 11, 1987, the new constitution was
proclaimed ratified and took effect. On that same day, Aquino, the other government officials,
and the Armed Forces of the Philippines pledged allegiance to the Constitution.

[edit] Preamble of the 1987 Constitution

The Preamble reads:

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
“ and humane society, and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.[1] ”
[edit] Significant features of the 1987 Constitution

The Constitution establishes the Philippines as a "democratic and republican State", where
"sovereignty resides in the people and all government authority emanates from them". (Section 1,
Article II) Consistent with the doctrine of separation of powers, the powers of the national
government are exercised in main by three branches — the executive branch headed by the
President, the legislative branch composed of Congress and the judicial branch with the Supreme
Court occupying the highest tier of the judiciary. The President and the members of Congress are
directly elected by the people, while the members of the Supreme Court are appointed by the
President from a list formed by the Judicial and Bar Council. As with the American system of
government, it is Congress which enacts the laws, subject to the veto power of the President
which may nonetheless be overturned by a two-thirds vote of Congress (Section 27(1), Article
VI). The President has the constitutional duty to ensure the faithful execution of the laws
(Section 17, Article VII), while the courts are expressly granted the power of judicial review
(Section 1, Article VIII), including the power to nullify or interpret laws. The President is also
recognized as the commander-in-chief of the armed forces (Section 18, Article VII).

The Constitution also establishes limited political autonomy to the local government units that
act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1,
Article X) Local governments are generally considered as falling under the executive branch, yet
local legislation requires enactment by duly elected local legislative bodies. The Constitution
(Section 3, Article X) mandated that the Congress would enact a Local Government Code. The
Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which
became effective on 1 January 1992.[5] The Supreme Court has noted that the Bill of Rights
"occupies a position of primacy in the fundamental law".[6] The Bill of Rights, contained in
Article III, enumerates the specific protections against State power. Many of these guarantees are
similar to those provided in the American constitution and other democratic constitutions,
including the due process and equal protection clause, the right against unwarranted searches and
seizures, the right to free speech and the free exercise of religion, the right against self-
incrimination, and the right to habeas corpus. The scope and limitations to these rights have
largely been determined by Philippine Supreme Court decisions.

Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating
various state policies including, i.e., the affirmation of labor "as a primary social economic
force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the
unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the
nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the
Philippines" (Section 6, Article XVI), and even a requirement that "all educational institutions
shall undertake regular sports activities throughout the country in cooperation with athletic clubs
and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be
the source of enforceable rights without accompanying legislation has been the subject of
considerable debate in the legal sphere and within the Supreme Court. The Court, for example,
has ruled that a provision requiring that the State "guarantee equal access to opportunities to
public service" could not be enforced without accompanying legislation, and thus could not bar
the disallowance of so-called "nuisance candidates" in presidential elections.[7] But in another
case, the Court held that a provision requiring that the State "protect and advance the right of the
people to a balanced and healthful ecology" did not require implementing legislation to become
the source of operative rights.[8]

[edit] Historical constitutions

[edit] Constitution of Biak-na-Bato (1897)


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Provisional Constitution of the Philippines (1897)

The Katipunan revolution led to the Tejeros Convention where, at San Francisco de Malabon,
Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine
history were held—although only the Katipuneros (members of the Katipunan) were able to take
part, and not the general populace. A later meeting of the revolutionary government established
there, held on November 1, 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in
Bulacan, established the Republic of Biak-na-Bato. The republic had a constitution drafted by
Isabelo Artacho and Félix Ferrer and based on the first Cuban Constitution.[9] It is known as the
"Constitución Provisional de la República de Filipinas", and was originally written in and
promulgated in the Spanish and Tagalog languages.[10]

[edit] Malolos Congress (1899)

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Constitution of the Philippines (1899)

It is known as the "Constitución política de Malolos" and it was written in Spanish. Following
the declaration of independence from Spain, by the Revolutionary Government, a congress was
held in Malolos, Bulacan in 1899 to draw up a constitution. It was the first republican
constitution in Asia. The document states that the people has exclusive sovereignty. It states
basic civil rights, separated the church and state, and called for the creation of an Assembly of
Representatives which would act as the legislative body. It also calls for a Presidential form of
government with the president elected for a term of four years by a majority of the Assembly.

The Preamble reads:

"Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer
“ la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de
la libertad, implorando el auxilió del Soberano Legislador del Universo para alcanzar estos
fines, hemos votado, decretado y sancionado la siguiente" ”
(We, the Representatives of the Filipino people, lawfully covened, in order to establish justice,
provide for common defense, promote the general welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends,
have voted, decreed, and sanctioned the following)

[edit] Acts of the United States Congress

The Philippines was a United States Territory from December 10, 1898 to March 24, 1934.[11] As
such, the Philippines was under the jurisdiction of the federal government of the United States
during this period. Two acts of the United States Congress passed during this period can be
considered Philippine constitutions in that those acts defined the fundamental political principles,
and established the structure, procedures, powers and duties, of the Philippine government.

1. The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902", was the
first organic law for the Philippine Islands enacted by the United States Congress. It provided for
the creation of a popularly elected Philippine Assembly, and specified that legislative power
would be vested in a bicameral legislature composed of the Philippine Commission (upper
house) and the Philippine Assembly (lower house). Its key provisions included a bill of rights for
the Filipinos and the appointment of two nonvoting Filipino resident commissioners to
represent the Philippines in the United States Congress.
2. The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure
of the Philippine government by removing the Philippine Commission as the legislative upper
house, replacing it with a Senate elected by Filipino voters. This act also explicitly stated that it
was and had always been the purpose of the people of the United States to withdraw their
sovereignty over the Philippine Islands and to recognize Philippine independence as soon as a
stable government can be established therein.

Though not a constitution itself, the Tydings-McDuffie Act of 1934 provided authority and
defined mechanisms for the establishment of a formal constitution via a constitutional
convention.

[edit] Commonwealth and Third Republic (1935)

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Constitution of the Philippines (1935)

The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
Philippines (1935-1946) and later used by the Third Republic of the Philippines (1946-1972). It
was written with an eye to meeting the approval of the United States Government as well, so as
to ensure that the U.S. would live up to its promise to grant the Philippines independence and not
have a premise to hold onto its "possession" on the grounds that it was too politically immature
and hence unready for full, real independence.

The Preamble reads:

"The Filipino people, imploring the aid of Divine Providence, in order to establish a
“ government that shall embody their ideals, conserve and develop the patrimony of the
nation, promote the general welfare, and secure to themselves and their posterity the
blessings of independence under a regime of justice, liberty, and democracy, do ordain and
promulgate this constitution." ”
The original 1935 Constitution provided for unicameral National Assembly and the President
was elected to a six-year term without re-election. It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of Representatives, as well the creation of an
independent electoral commission. The Constitution now granted the President a four-year term
with a maximum of two consecutive terms in office.

A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention
was stained with manifest bribery and corruption. Possibly the most controversial issue was
removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third
term, which many felt was the true reason for which the convention was called. In any case, the
1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant
corruption of the constitutional process providing him with one of his major premises for doing
so.

[edit] Second Republic (1943)

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Constitution of the Philippines (1943)

The 1943 Constitution was drafted by a committee appointed by the Philippine Executive
Commission, the body established by the Japanese to administer the Philippines in lieu of the
Commonwealth of the Philippines which had established a government-in-exile. In mid-1942
Japanese Premier Hideki Tojo had promised the Filipinos "the honor of independence" which
meant that the commission would be supplanted by a formal republic.

The Preparatory Committee for Philippine Independence tasked with drafting a new constitution
was composed in large part, of members of the prewar National Assembly and of individuals
with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft
for the republic to be established under the Japanese Occupation, however, would be limited in
duration, provide for indirect, instead of direct, legislative elections, and an even stronger
executive branch.

Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an
assembly of appointed, provincial representatives of the Kalibapi, the organization established by
the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi
assembly, the Second Republic was formally proclaimed (1943-1945). José P. Laurel was
appointed as President by the National Assembly and inaugurated into office in October 1943.
Laurel was highly regarded by the Japanese for having openly criticised the US for the way they
ran the Philippines, and because he had a degree from Tokyo International University.

The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was
never recognized as legitimate or binding by the governments of the United States or of the
Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944,
President Laurel declared a state of war existed with the United States and the British Empire
and proclaimed martial law, essentially ruling by decree. His government in turn went into exile
in December, 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender,
Laurel formally proclaimed the Second Republic as dissolved.

Until the 1960s, the Second Republic, and its officers, were not viewed as legitimate or as having
any standing, with the exception of the Supreme Court whose decisions, limited to reviews of
criminal and commercial cases as part of a policy of discretion by Chief Justice José Yulo
continued to be part of the official records (this was made easier by the Commonwealth never
constituting a Supreme Court, and the formal vacancy in the chief justice position for the
Commonwealth with the execution of Chief Justice José Abad Santos by the Japanese). It was
only during the Macapagal administration that a partial, political rehabilitation of the Japanese-
era republic took place, with the recognition of Laurel as a former president and the addition of
his cabinet and other officials to the roster of past government officials. However, the 1943
charter was not taught in schools and the laws of the 1943-44 National Assembly never
recognized as valid or relevant.

The Preamble reads:

"The Filipino people, imploring the aid of Divine Providence and desiring to lead a free
“ national existence, do hereby proclaim their independence, and in order to establish a
government that shall promote the general welfare, conserve and develop the patrimony of
the Nation, and contribute to the creation of a world order based on peace, liberty, and
moral justice, do ordain this Constitution." ”
The 1943 Constitution provided strong executive powers. The Legislature consisted of a
unicameral National Assembly and only those considered as anti-US could stand for election,
although in practice most legislators were appointed rather than elected.

[edit] The New Society and the Fourth Republic (1973)

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Constitution of the Philippines (1973)

The 1973 Constitution, promulgated after Marcos' declaration of martial law, introduced a
parliamentary-style government. Legislative power was vested in a National Assembly whose
members were elected for six-year terms. The President was elected as the symbolic head of state
from the Members of the National Assembly for a six-year term and could be re-elected to an
unlimited number of terms. Upon election, the President ceased to be a member of the National
Assembly. During his term, the President was not allowed to be a member of a political party or
hold any other office. Executive power was exercised by the Prime Minister who was also
elected from the Members of the National Assembly. The Prime Minister was the head of
government and Commander-in-Chief of the armed forces. This constitution was subsequently
amended four times (arguably five depending on how one considers Proclamation No. 3 of
1986).

On October 16-17 1976, majority of citizen assemblies approved that martial law should be
continued and ratified the amendments to the Constitution proposed by President Marcos.[12]

The 1976 amendments were:

 an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly
 the President would also become the Prime Minister and he would continue to exercise
legislative powers until martial law should have been lifted.

The Sixth Amendment authorized the President to legislate:

Whenever in the judgment of the President there exists a grave emergency or a threat or
imminence thereof, or whenever the Interim Batasang Pambansa or the regular National
Assembly fails or is unable to act adequately on any matter for any reason that in his judgment
requires immediate action, he may, in order to meet the exigency, issue the necessary decrees,
orders or letters of instructions, which shall form part of the law of the land.

The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the
retirement age of the members of the Judiciary was extended to 70 years. In the 1981
amendments, the parliamentary system was modified:

 executive power was restored to the President;


 direct election of the President was restored;
 an Executive Committee composed of the Prime Minister and not more than fourteen members
was created to “assist the President in the exercise of his powers and functions and in the
performance of his duties as he may prescribe;” and the Prime Minister was a mere head of the
Cabinet.
 Further, the amendments instituted electoral reforms and provided that a natural born citizen
of the Philippines who has lost his citizenship may be a transferee of private land for use by him
as his residence.

The last amendments in 1984 abolished the Executive Committee and restored the position of
Vice-President (which did not exist in the original, unamended 1973 Constitution).

Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos
from office, the new President, Corazon C. Aquino issued Proclamation No. 3 and the adoption
of a provisional constitution that would prepare for the next constitution which became the 1987
constitution.

Presidential Proclamation No. 3, nicknamed the "1986 Freedom Constitution" was the most far
reaching set of amendments to the 1973 constitution that it was almost a constitution in its own
right. However, it is really a large set of amendments which superseded and abolished certain
provisions from the constitution. It granted the President certain powers to remove officials from
office, reorganise the government and hold a new constitutional convention to draft a new
constitution.

Classification of Constitutions

Depending upon their point of view, various authorities have


different ways of classifying the constitutions. The
constitutions may be classified as:

1.) According to the degree of popular participation or the type


of government that they provide, they may be classified as
democratic, aristocratic, oligarchic, or autocratic. From this
point of view the Philippine Constitution may be classified as
democratic.

2.) According to the procedure of amending them, they may be


classified as flexible or rigid. The Philippine Constitution may
be classified as rigid.

3.) According to their form, they may be classified as written


or unwritten. The Philippine Constitution may be classified as
largely written.

4.) According to Sir Henry Maine, constitutions may be


classified into:

a.) Historical and Revolutionary

Those constitutions which develop gradually according to the


experiences, customs, and traditions of the people.

b.) A Priori

Those constitutions which are founded on speculative assumptions


remote from the experiences of the people
.
5.) According to their origin, they may be:

a.) Evolved, like the English Constitution, which is a product


of growth or of a long period of development.
b.) Enacted, like the constitution of the United States, which
was drafted by the deliberate act of the representatives of
the people.

c.) Granted, like the constitution of Japan of 1889, which the


ruling prince or monarch decreed to his subjects.

IV Contents and Characteristics of a Written Constitution

Generally, written constitutions must consist of the following:

1.) Preamble.

2.) Provisions outlining or defining the organization,


form, and distribution of the powers and limitations of
the functions of the government.
3.) The Bill of Rights which enumerates the civil and
political rights of the people.

4.) Provisions prescribing the procedure of amendment.

A good written constitution must have the following


characteristics:

1.) Broad

A constitution must be broad in its scope because it


outlines the organization of the government for the
whole state. A statement of provisions and functions of the
government, and of the relations between the governing
body and the governed, requires a comprehensive document.

2.) Brief

A constitution must be brief because it is not the place


in which the details of organization should be set forth.
Some constitutions have been marred by the inclusion of pure
regulation.
3.) Definite

The constitution must be definite. In a statement of principles


of underlying the essential nature of a state any vagueness
which may lead to opposing interpretations of essential
features may cause incalculable harm. Civil war and the disruption
of the state may conceivably follow from ambiguous expressions
in a constitution.

THE CONSTITUTION OF THE PHILIPPINES


I. The Constitution

A constitution may be defined in different ways depending upon


one's attitude or point of view. They may be defined as:

1.) English Point of View

A constitution is "the body of those written or unwritten fun-


damental laws which regulate the most important rights of the
higher magistrates and the most important essential privileges
of the subjects."

2.) American and Filipino Point of View

A constitution may be defined as "a written instrument by


which the fundamental powers of the government are established,
limited, and defined, and by which those powers are disturbed
among several branches for their more safe and useful exercise
for the benefit of the body."

In a more general way, a constitution may be defined as the


fundamental law according to which the government of the state
is organized and agreeably to which the relations of the
individuals or moral persons to the community are determined."

II. Concepts of Constitution


At present there are two recognized concepts of the constitution
namely:

1.) American or The Written Constitution

a.) Generally the Americans conceive of a constitution as


something that must be written, yet this does not mean that
the working or operation of the American government is
based entirely on the provisions of such written constitution.

b.) A constitution is the supreme law of the land which must


serve as the basis of the acts of all the different branches
and officials in the government.

2.) English or The Unwritten Constitution

a.) This means that it is a product of the gradual


political growth and development, changing slowly according
to the demands of the times.

b.) A constitution is a mere formal law because its


provisions are not superior to the acts of the legislature or
of the parliament.

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