MODULE 4

CONSTITUTION IN GENERAL

CONSTITUTIONALISM
This is a doctrine or principle which describes and supports a constitution as the
supreme law of the land. It is an instrument that provides a system of effective restraints
upon political power.

Restraints are the heart of constitutionalism. A government is constitutional

when it is controlled by the constitution, when the constitution defines and limits the
bounds of governmental authority and provides ways and means for governmental action.

CONSTITUTION
Refers to a body of fundamental laws, rules, customs, norms, standards, and
principles according to which the government operates and its relations with the citizens
are defined.

1. Written Constitution
• It consists of a single document regarded as the fundamental law of the land.
• It contains basic principles upon which government is established and
organized, defines and limits the powers and functions of the government, and
distributes these powers and functions to the different branches for them to
exercise for the benefit of the sovereign people.
• It a concrete expression of the social compact theory, because it is a sacred
covenant between those in power and the people.

2. Unwritten Constitution
• Not embodied in a single written instrument.
• It is an evolved constitution which undergoes growth and development in the
customs and traditions of the people and reinforced by written laws, rules, and
principles.
• It serves as a system of constitutional restraints on government, and a bulwark
of individual liberties and freedoms.

Distinctions between Written and Unwritten Constitutions

Written Unwritten
Granted by a ruler, or enacted by the Undergoes growth and development by
legislature, or framed by a constituent body accumulation of fundamental laws and by
called the “constitutional convention” and evolution of usages and customs.
ratified by the people.
Characterized by rigidity, that is, by the Flexible, hence it is easy to amend.
difficulty of the amendatory process.
Possesses a higher authority than a statute. May not be supreme over the ordinary law

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Considered as the supreme law of the land. because it can be altered at any time by the
legislature or parliament.
Classifications of Constitutions

1. According to the type of Government

• Monarchic
• Aristocratic
• Oligarchic
• Democratic

2. According to the manner by which the constitution is amended

• Rigid
• Flexible

3. According to origin
• Royal grant
• Evolve from the culture and traditions of a group of people
• Product of the sovereign will of the people

Ways by which a constitution grows and develops:

1. By statutory elaboration
2. By usage
3. By judicial interpretation
4. By formal amendment
• By legislative action, that is, by act of the legislature as a constituent assembly;
• By act of the legislature in proposing amendments and the submission of the same
to the people for their ratification in a plebiscite held for the purpose
• By action of a constitutional convention
• By the people through initiative
5. By executive action
• The president may require the opinion in writing of the heads of the departments
on subjects related to the duties of their respective departments.

Formal Constitution – is one which is explicitly written in single document, strengthened

by statutes, charter, and other written authority sources.

Effective Constitution – is characterized by emphasis on the actual pattern of operation of

the government.

Characteristics of a Good Written Constitution

1. It must be broad or comprehensive

2. It must be brief or concise
3. It must be clear and definite

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Contents of Written Constitution

1. The preamble (an introduction to the Constitution; not a part of the fundamental
law but enumerates the general objectives of the Constitution)
2. Provisions regarding the organization, form, and distribution of the powers
and functions of government (doctrine of separation of powers);
3. Bill of rights (an essential part of a democratic institution; it is an enumeration of
the rights of the people protected and guaranteed by the Constitution)
a. Civil Rights – a right of an individual enforced by the state at the instance
of the individual for the purpose of securing for him the means of enjoying
liberty and happiness. (i.e. right to property ownership, freedom of
assembly, freedom of religion; right of domicile, etc.)
b. Political Rights – is one enjoyed by an individual which has relation to his
participation in the organization and administration of government. (i.e.
right to vote, right to run for public office, etc.)
4. Amendatory process (provisions prescribing the methods of amending the
Constitution)

Basic Concepts Underlying the Constitution

1. The Constitution is always the supreme law

2. It is a covenant that embodies the rights and duties of the people
3. It is a charter of government and that it is a living force that thrives in the minds
and spirits of the people who must always accord it due reverence and respect.

Methods of Safeguarding the Supremacy of the Constitution

1. Before assuming office, public officials are required to take an oath to defend the
constitution.
2. Judicial processes are instituted for sanctions and penalties against any public
official who betrays the public trust.
3. Special methods other than the ordinary way of amending the constitution are
established.
4. The doctrine of judicial review

Functions of the Constitution

1. The Constitution as an Instrument of government in the exercise of political

authority.
2. The Constitution as an instrument to promote social and economic development.
3. The Constitution as a symbol of the unity and values of the people.

Reference:
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Ayson, Florentino G. and Dolores Aligada-Reyes , 2000. Fundamentals of Political
Science, National Bookstore, Mandaluyong City, Philippines