Topic:

-Political law (definition)

Branch of public law who deals with organization and operation of the gov organs of the state

And defines the relation between the state and the inhibitants.

-Constitutional Law (def) – study of the maintenance of the proper balance between the
authority as represented by the 3 inherent powers of the state and the citizen as it’s as to the
bill of rights

-Constitution (def) – US ruling – is a body of rules and maxims in accordance in which the
powers of sovereignty are habitually exercised. Constitution is supreme of all the laws in the
land.

Salazar v azacozo – art 38 can issue search warrant in violation of the labor code

Azacozo not a judge – he cannot issue- unconstitutional

-Different Kinds of Constitution:

Best consti

Best consti must be written, conventional and rigid

Written

Is a consti that is embodied in one or in a set of documents.

Essential requisites

Must be broad, brief, definite

Brief and definite

Broad – not only because provides for the organization of the entire government and covers all
the persons but also it supposed to embody and to reflect the past and present and to
anticipate the future. waESz

A good written constitution must be broad,

Unwritten

It is scattered in various sources like judicial decisions, commentaries of publicist, customs and
traditions, and other certain common law principles

Conventional

Can only be enacted through a convention

Rigid

- How constitution is amended or revised.

Amended

Total overhaul of our constitution

2 types of procedure

Proposal – directly by congress

Constitutional assembly. By the votes of 2/3 of all the members of congress, upper and
lower house

Constitutional convention – 2/3 of the entire member of congress

People’s initiative – 12% of the entire registered voter to petition to amend, and 3% of
each administrative district must affirm to amend our constitution.
 Amendments should be through plebiscite.

Ratification

It must be plebiscite

Plebiscite vs Referendum

Referendum – mere consultation

Plebiscite – the voice of the people who will decide.

Different parts of the constitution

Liberty – as enshrined in the Bill of Rights,

Freedom of expression, etc.

Sovereignty - if the government performs government function, it cannot be sued. If it is

propriety or ministerial, it can be sued

Government – 3 branches of the government, executive, legislative, and judiciary

Executive – president and cabinet (cabinet is the alter ego). Power of the sword. Pres is
the commander in chief who can control the military and

Legislative – power of the purse, power to create laws and appropriate funds thru
general appropriation or special appropriation.

Judiciary – power of the pen.

 Judicial inquiry

- There must be an actual case or controversy. (conflict of legal rights, an assertion of

opposite legal claims susceptible adjudication. Must not be moot and academic
- There must be a proper party (oposa v factoran
- It must be raised in the earliest possible time
- There must be a necessity in deciding the constitutional question)

Revised

Flexible

Merits of a flexible constitution

 A flexible constitution can be amended with the same ease and facility with which

ordinary laws are altered. It makes possible the adjustment of the constitution to the

changing needs of the society.

 A flexible constitution can easily adopt the needs of people with the change of time

because of its elasticity. When the demands of people are fulfilled by the constitution

there is hardly any chance of revolution.

Evolve

external

Internal

Political
- When law is declared unconstitutional :

Orthodox view – purely unconstutional

Modern view – some are unconstitutional purely disregard or refuse the law

-Constitution and Courts (expanded jurisdiction of the court)

-Inherent powers of the state

Police power – to regulate liberty and property for the promotion of general welfare.

*Disclaimer (notes ko lang po ito) I might have missed out some other topics po. Thank you!