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SEVEN BASIC PRINCIPLES OF THE CONSTITUTION Popular Sovereignty- the governments right to rule comes from the people Limited Government- the government has only the powers that the Constitution gives to it Separation of Power-the Constitution divides the government into three branches: Congress-legislative branch makes laws President-executive branch carries out the laws Courts-judicial branch explains and interprets the laws Checks and Balances- each branch of government has the power to check or limit the actions of the other two Federalism-division of power between the federal government and the states. Republicanism- citizens elect representatives to carry out their will Individual rights-The Constitution protects individual rights such as freedom of speech, freedom religion etc
Branches of the Philippine Government: Separation of Powers
Published by Atty. Fred January 29th, 2008 in Elections and Constitutional Law.0 Comments
The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notion and decided to delegate the
he is granted administrative power over bureaus and offices under his control to enable him to discharge his duties effectively. The term of office of the President. the President also has the duty of supervising the enforcement of laws for the maintenance of general peace and public order.’ It comprehends both the power to generate money by taxation (the power to tax) and the power . who is elected by a direct vote of the people. the President is the Chief Executive. bureaus and offices. which has the authority to make.” The Executive Branch The executive branch is headed by the President. the Legislative. and the Judiciary – each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances . as well as the Vice-President. This means that he has the authority to assume directly the functions of the executive department. subject only to the mechanisms of checks and balances. The President exercises general supervision over all local government units and is also the Commander-in-Chief of the Armed Forces of the Philippines. is six (6) years. As head of the Executive Department. COMELEC. There were attempts to amend the Constitution in order to shift to a parliamentary system. is the Congress. traditionally recognized in the constitutional provision that ‘no money shall be paid out of the Treasury except in pursuance of an appropriation made by law. The most recent petition that reached the Supreme Court isLambino vs. Thus. alter or repeal laws (see also the definition of “legislative power“). The Legislative Branch The legislative branch. bureau and office or interfere with the discretion of its officials. He has control over the executive department. Corollary to the power of control. but these moves were struck down by the Supreme Court. the executive and legislative branches are entirely separate. “Congress is vested with the tremendous power of the purse. Under the existing Presidential form of government. He represents the government as a whole and sees to it that all laws are enforced by the officials and employees of his department.basic state authority to principally three branches of government — the Executive.
â€ While Congress has the power to define. cities and the Metropolitan Manila area. but it has the power to interpret the Constitution. it does not in reality nullify or invalidate an act of the legislature. unless otherwise fixed by law. prescribe and apportion thejurisdiction of the various courts.to spend it (the power to appropriate). The judiciary has the â€œmoderating powerâ€ to â€œdetermine the proper allocation of powersâ€ between the branches of government. the Congress is composed of the Senate and the House of Representatives. who are elected from legislative districts apportioned among the provinces. who are elected at large by the qualified voters of the Philippines. regional and sectoral parties or organizations. Congress cannot deprive the Supreme Court of its jurisdiction provided in the Constitution. but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. The House of Representatives. The term of office of members of the House of Representatives. Puno: â€œThe Judiciary may not have the power of the sword. Under a bicameral system. The Senate is composed of twenty-four (24) Senators.” In the words of Chief Justice Reynato S. is composed of not more than two hundred and fifty (250) members. The Judiciary Judicial power is vested in the Supreme Court and in such lower courts as may be established by law. The Supreme Court also has administrative supervision over . and those who are elected through a party-list system of registered national. When the “judiciary mediates to allocate constitutional boundaries. and the unerring lessons of history tell us that rightly wielded. may not have the power of the purse. The term of office of the Senators is six (6) years. The power to appropriate carries with it the power to specify the amount that may be spent and the purpose for which it may be spent. also called “Congressmen. No law shall also be passed reorganizing the judiciary when it undermines the security of tenure of its members. on the other hand.” is three (3) years. that power can make a difference for good. it does not assert any superiority over the other departments.
Typically this was accomplished through a system of "checks and balances". but vetoes may be overridden with a two-thirds vote of both houses) Has sole power to declare war. Checks and balances To prevent one branch from becoming supreme. Defines by law the jurisdiction of instructions of Congress. has power to borrow money on the credit of the United States (may be vetoed by President. Legislative (Congress) Passes bills. Executes the the rules for the government and its officers. May veto bills passed acts to determine the disposition of prisoners Determines how a law the federal judiciary in cases not specified by the Constitution Ratification of treaties signed by by Congress (but the veto may be overridden by a two-thirds majority of acts to compel testimony and the production of . such as the power of Congress to alter the composition and jurisdiction of the federal courts. at least forty (40) years of age and must have been for fifteen (15) years or more a judge of a lower court or engaged in the pratice of law in the Philippines. in divisions of three. It may sit en banc or. Checks and balances allow for a system based regulation that allows one branch to limit another. has broad taxing and Executive (President) Has all the Executive Judicial (Supreme Court) Determines which laws spending power. investigates. and makes Power Is the commander-in- Congress intended to apply to any given case Exercises judicial chief of the armed forces Preserves. having the power to discipline or dismiss judges of lower courts. five or seven members. controls the federal budget. and to induce the branches to cooperate. the origin of which. Oversees. like separation of powers itself. Justices hold office during good behavior until they reach the age of seventy (70) years or become incapacitated to discharge the duties of their office.all courts and the personnel thereof. protects review. is specifically credited to Montesquieu. reviewing the constitutionality of laws Determines how and defends the Constitution. government systems that employ a separation of powers need a way to balance each of the branches. A member of the Supreme Court must be a natural-born citizen of the Philippines. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices. Faithfully executes Congress meant the law to apply to disputes Determines how a law the laws of the Country. protect the "opulent minority" from the majority. in its discretion.
Declares states of of impeachment (House of Representatives) and trial of impeachments (Senate). but gives discretion in individual cases to low-level judges.the President and givesadvice and consent to presidential appointments to thefederal judiciary. federal executive departments. and other posts with the advice and consent of the Senate. except in . Executes the should be interpreted to assure uniform policies in a top-down fashion via the appeals process. can remove federal executive and judicial officers from office for high crimes and misdemeanors emergency and publishes regulations and executive orders.federal executive departments. (The amount of discretion depends upon the standard of review. and other posts (Senate only) Has sole power both houses) Executes the evidence Determines how laws spending authorized by Congress.) Federal judges serve instructions of Congress when it declares war or makes rules for the military. Makes executive agreements (does not require ratification) and signs treaties (ratification requiring by two-thirds of the Senate) Makes appointments for life to the federal judiciary. determined by the type of case in question. Has power to make temporary appointment during the recess of the Senate Has the power to Grant "Reprieves and Pardonsfo r Offenses against the United States.
" A good written constitution must have the following characteristics: 1.Cases of Impeachment. and of the relations between the governing body and the governed. Some constitutions have been marred by the inclusion of pure regulation. 2.) Definite The constitution must be definite.) Broad A constitution must be broad in its scope because it outlines the organization of the government for the whole state. . 3.) Brief A constitution must be brief because it is not the place in which the details of organization should be set forth. A statement of provisions and functions of the government. In a statement of principles of underlying the essential nature of a state any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm. requires a comprehensive document. Civil war and the disruption of the state may conceivably follow from ambiguous expressions in a constitution.
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