CONSTITUTION
-“the organic and fundamental law of a nation or state, which may be
written or unwritten, establishing the character and conception of its
government, regulating, distributing and limiting the functions of its
different departments and prescribing the extent and manner of the
exercise of sovereign powers”- Black’s Law Dictionary
-The basic law of the land
-The purpose of constitution is to define the organization of the
government, to determine the distribution of governmental powers,
establish certain fixed principles governing the operation of the
government, to define the rights of individual and to hold the state
together. - Aruego, 1981
-Legislation direct from the people; states general principles;
intended to meet not only existing but also future conditions.
KINDS OF CONSTITUTION AS TO TYPE OF GOVERNMENT
1. Democratic
2. Aristocratic
3. Oligarchic
4. Autocratic
KINDS OF CONSTITUTION AS TO ORIGIN AND HISTORY
CONVENTIONAL / ENACTED
- Enacted by a constituent assembly/convention or granted by a ruler
to his subjects.
CUMULATIVE / EVOLVED
Is a product of long period of evolution and development originating
in customs, traditions, judicial decisions, etc. rather than from formal
enactment.
KINDS OF CONSTITUTION AS TO form
WRITTEN
One which has a definite written form at a particular time, usually
drafted and written by a specially convened assembly called a
“constitutional convention or constituent assembly”
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.
Ratified by the people, is a concrete expression of the social compact
theory, because there is sacred covenant between those in power
and the people.
UNWRITTEN
Is entirely the product of political development consisting customs,
legal traditions and judicial decisions together with statutory
legislations of a basic character usually bearing different dates
England subscribes to an unwritten constitution. They put more
emphasis on their common usages and traditions.
KINDS OF CONSTITUTION AS TO manner of amendments
RIGID
- It is regarded as a document of special sanctity and cannot be
amended or changed except by special process or duly constituted
methods more cumbrous than the ordinary legislative process.
FLEXIBLE
One which possesses no higher legal authority than ordinary laws
and which may be altered in the same ways as other laws and
statues
Characteristics of good written constitution
It must be broad or comprehensive- The purpose of constitution is to
outline the organization of the government. In this framework, the
functions and powers of government are defined and limited. The
locus of political power is stated and relations between government
and the governed are prescribed. To embody all these essentials
elements, the constitution must be comprehensive document.
It must be clear and definite- The provisions of the constitution must
leave no room for ambiguity, because if these are vague, these
would be susceptible to various interpretations. Such varying
interpretations may cause confusion and leave constitutional
problems unresolved. This situation may lead to civil strife, which is
very destructive of the nation’s welfare (Ayson, 2000)
It must be brief or concise- The details of the structure of government
should not be contained in the constitution. The constitution should
not consist the essential of government, together with certain
important aspects. Legislation will supply the details in order for the
brevity of the charter to not be despoiled.
Contents of a written constitution ( Ayson, 2000)
Preamble- Introduction of the constitution. It is not actually part of the
fundamental law but it is useful because it explains why the
constitution is enacted and for whom it is made. It enumerates he
general objectives of constitution.
Division and Distribution of the Powers and Functions of
Government- it provides for the division and distribution of the powers
and functions of the government in order to ensure the supremacy of
the rule of law and to safeguard the rights and liberties of the people
from abuse men clothed with political authority.
Bill of Rights- Essential part of a democratic constitution. It is an
enumeration of the rights of the people protected and guarded by the
constitution from the abuses and oppressions of individuals, group of
persons, associations and the government. These rights are
embodied in the fundamental law and called charter of liberty.
Amendatory Process- provides procedures by which they are
amended. The amendatory provisions are referred to as the charter
of sovereignty.
PHILIPPINE CONSTITUTIONAL EVOLUTION
Pre Hispanic Society
Barangay was ruled or headed by a Datu or Rajah. The datu was the
chief executive, co legislator with the Council of Elders and the chief
judge of the barangay. His powers and responsibilities were
governed and limited by customary or unwritten laws.
Spanish Colonization
Cadiz Constitution of 1812
Constitution of 1834
Revolutionary Period (1892-1898)
Rizal’s Constitution of La Liga Filipina
Kartilla of Katipunan
Biak na Bato Constitution
Mabini’s Constitutional Programme
Malolos Constitution
Makabulos Constitution
Constitution of the Tagalog, 1901 (wrote by Gen. Macario Sakay)
1935 Constitution, Commonwealth Period 1935-1941 (copied
the democratic and republican concepts of US Constitution)
Constitution of the Japanese sponsored Republic (2nd
Republic)
1973 Constitution (Marcos Era)
1987 Constitution (started during Corazon Aquino)