LAW 111 POLITICAL LAW
General Considerations
Book - Consti – De Leon
Constitution - body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised. Covers both written and unwritten
constitutions.
Constitution of the Philippines - written instrument by
which the fundamental powers of the government are
established, limited, and defined and by which these
powers are distributed among the several departments
or branches for their safe and useful exercise for the
benefit of the people
The Philippine Constitution is written, conventional
and rigid. WCR
Nature and purpose/function of a constitution
1. An instrument with the status of a supreme law
a. charter creating the government, or the
organic or basic law by virtue of which
the government exists as such.
b. it speaks for the entire people and in
full authority for all that is done in
pursuance of its provisions
c. binding on all individual citizens and all
organs of the government for 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.
d. test of the legality of all governmental
action, whether proceeding from the
highest official or lowest functionary. As
the paramount law, it is deemed
written on every statute and contract.
2. An instrument of a permanent nature
a. instrument of a permanent and abiding
nature.
b. While it contains provisions for
amendment or for revision
Atty. Patrice P. Maranan, CPA For I know the plans I have for you,” declares the LORD,
“plans to prosper you and not to harm you,
plans to give you hope and a future.
c. it indicates the will of the people that
the underlying principles upon which it
rests
d. Understood as an enactment by the
direct action of the people
e. fundamental law which is supreme,
imperious, absolute and unalterable
except by the authority from which it
emanated
3. An instrument establishing certain basic
principles of government and safeguarding
fundamental rights.
a. assign to the different departments or
branches, their respective powers and
duties
b. not to legislate in details but to set limit
on the unlimited power of the
government
c. General guideline for the government,
cannot be as specific as laws passed by
legislature
4. An instrument designed primarily to promote
the common good and protect human rights
a. ensure domestic tranquility and
progress and provide for the well-being
and happiness of the people.
b. It is primarily designed to preserve and
protect the rights of individuals and
minorities against the arbitrary actions
of those in authority.
Meaning and scope of constitutional law.
1. Constitutional law - branch of jurisprudence
which treats of constitutions, their nature,
formation and amendment, operation and
interpretation.
a. Law embodied in the Constitution
b. Principle growing out of the
interpretation and application made by
the courts
2021-2022