political law - branch of

pub that deals w/ the organization & operations of

relations

)
the governmental of the state and defines the of
organs
the state w/ the inhabitants of its territory .

Public Law -
law that golems the relationship between state & its inhabitants

Constitution DEFINITIONS :

by Cooley :

-
that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised .

by Malcolm :

-
the written instrument by
enacted direct action of the

people by which the fundamental powers of the

government
established limited are
,
and defined ,
and

by which those distributed the

powers are
among several

departments for their safe and useful exercise , for

the benefit of the body politic .

Constitutional Law -

the study of the maintenance of proper balance between

authority
as
represented by the three inherent powers of the state and
the Bill of
as guaranteed by Rights .

Purposes of the Constitution

PAE ① prescribe the permanent framework of
system of government
a

② assign to the several departments their

respective powers and duties;
③ establish certain first fixed
principles on which the govt is founded

* individual rights e. g. religious rights -

Constitution merely recognizes 4

protect these rights not CREATE THEM

Classification :

unwritten
>
① written / no single ,
concrete form scattered in various sources

I
embodied in 7 document /set of documents
② enacted /
i
en→ no specific time accrued ,
over time

formally and
deliberately struck off at a definite time & place

① rigid
i
/f1exib①→
-
can be changed by ordinary legislation
only amended by a formal process
 Essential Qualities ;

① broad -

because it provides organization of the entire

govt and covers all persons
wilin
and things State
territory But ALSO bec
supposed
. it's to

embody
-
the past, -
reflect the present and
apaHfhe future .

② brief -
should confine itself to basic
principles and implemented with

legislative details more adjustable to change Otherwise it 'll .

,
be
hard to understand & unable to adapt readily .

③ definite/ dear -
avoid confusion / ambiguity w/c can lead to divisiveness

and violence .

XPN : rules deliberately vague ( e. g. due process clause ) to make it

more malleable to judicial interpretation in

light of new

conditions / circumstances .

Essential parts of Constitution :

① Constitution of liberty ( Arts .

2 ,
3, 4. 5,12)

fundamental civil & political rights of citizens

-

imposes limitations on
powers of government ,
enumerates its
② constitution of government ( Arts . 6- 11)

-
outlines organization of government

powers , lays down rules relative to its administration

-

defines electorate

③ constitution of sovereignty ( AA . 17 )
out / procedure in accordance
provisions pointing mode
-

with which formal changes in the fundamental law

may be brought about

principles in constitutional construction

① verba legi] - words are

given ordinary meaning
XPN : if it uses technical terms

② ratio legis est anima -

intent of framers

③ ut
magistrate at quam pere at
-
Constitution interpreted as a WHOLE

④ if still unclear,
may consult the debates { proceeding of the Conlon
Laws and International
agreements prior to the effectivity of the 1987
Constitution :

section 3 : all
existing decrees, eo
pp letters of
,
instructions
, { other
executive issuance notinconsistent w/ this Constitution will remain

operative until amended,

repealed / revoked
section 4 : all existing treaties or inti agreements w/c have not been

ratifiedSHTbÉ extended w/o the

concurrence 213 of Senate .

Amendments and Revisions

① Amendments : ① Congress
② Con -
Con -
called by 213 or
majority of all Congress
③ people 's initiative
② Revisions :
① Congress
② Con -
Con

• Amendment vs. Revision ( Lambro v: Comelec )

Revision -

a change alters a basic principle in the constitution

v1 like principle of separation of Powers 1
altering
affects several
balances
system of checks and
provisions
.

the substantial Constitution

change alters
entirety of
-
.

Amendment -

changes that adds, reduces , deletes w/o altering

it
affects only the
the basic
principle involved

specific provisions to
be amended