CONCEPTS OF

CONSTITUTION
ON A D CUL I A N
Constitution
>The body of rules and principles in
accordance with which of the powers of
sovereignty are regularly exercised. Thus, it
covers written and unwritten constitutions.
> Fundamental law of the land
Nature and Purpose or function of
Constitution
1. Serves as the Supreme or Fundamental Law
◦ The charter creating the government.
◦ It has the status of a supreme or fundamental law as it speaks for
the entire people form whom it derives its claim to obedience.
◦ Binding on all individual citizen and all organs of the government.
Highest in the hierarchy of laws.(1)
◦ It is the law to which all other laws must conform and in
accordance with which all private rights must be determined and
all public authority administered.
◦ It is the test of legality of all governmental actions, whether
proceedings from highest official or lowest functionary.
Nature and Purpose or function of
Constitution
2. Establishes basic Framework and Underlying Principles of
Government.
◦ Prescribe the permanent framework of the system of government
and to assign to the different departments or branches, their
respective powers and duties, and to establish certain basic
principles on which the government is founded. (1)
◦ It is designed to preserve and protect the rights of individuals
against the arbitrary actions of those in authority. (2)
◦ Its function is not to legislate in detail but to set limits on the
otherwise power of the legislature.
Meaning of Constitutional Law
◦Branch of public law which treats of constitutions, their
nature, formation, amendment, and interpretation.
◦The law embodied in the constitution as well as the
principles of growing out of the interpretation and
application made by the courts( particularly SC being the
court of last resort) of the provisions of the constitution in
specific cases. Thus, the Philippine Constitution itself is
brief but the law of the constitution lies scattered in
thousands of supreme court decisions.
Kinds of Constitution
1.As to their origin and History
A)Conventional or Enacted- used and accepted by people for long
time and is considered to be usual or typical; to make a bill
officially become part of the law.
B) Cumulative or evolved- a product of growth or a long period of
development originating in customs, traditions, judicial decisions
rather than from a deliberate and formal enactment. E. g English
Constitution
Kinds of Constitution
2. As to their Form
Written- definite written form at a particular time,
◦ A.
usually by a specially constituted authority called a
“constitutional convention”
◦B. Unwritten- product of political evolution
◦Example Given: English Constitution is unwritten only in
the sense that it is not codified in a single document. Part
of it is written- the Acts of Parliament and Judicial
Decisions.
Kinds of Constitution
1.As to manner of amending them
A)Rigid or Inelastic- One regarded as a document of special sanctity
(state of being holy) which cannot be amended or altered.
B) Flexible or Elastic- one which possesses no higher legal authority
than ordinary laws and which maybe altered in the same way as
other laws.

The Philippine Constitution maybe classified as conventional or

enacted, written, and rigid or inelastic. It was drafted by an
appointive body called “Constitutional Commission”
 PREAMBLE
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
prosperity 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.
Source: Textbook on the Philippine Constitution. Hector S. De Leon (2010). Rex Book Store