Democracy, Rule of Law,

and the Constitution

Rommel M. Mazo
De La Salle University-Dasmarinas
Democracy

• A state is democratic if sovereignty is exercised by the people.

• “The Philippines is a democratic and republican state. Sovereignty
resides in the people and all government authority emanates from
them” (Art. 2, Sec. 1, Philippine Constitution.
• Minimum Requirements of Democracy
• Rule of law
• Freedom of Speech and Expression
• Decisions arrived at through deliberation and voting (Young 2000).
Rule of Law

• Elements of Rule of Law

• Government should rule by written and promulgated laws
• [“Ignorance of the law excuses no one.”]
• Government should be under the laws
• [“Ours is a government of laws, not of men.”]
• Government should observe due process of law
• [“Hear me first before you condemn me.”]
• Government should observe fair warning
• The state should establish a constitutional government (Altman 2001)
Constitution

• “that body of rules and principles in accordance with which the

powers of sovereignty are regularly exercised” (Cooley in De Leon
2011).
• In the context of the Philippines, “it may be defined as that
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.” (De Leon 2011, citing Malcolm and Laurel)
Purposes of the Constitution

• It serves as the fundamental law of the land.

• It establishes the basic structure and principles of the government
Parts of the Constitution

• Constitution of Sovereignty
• It states the source of authority of the constitution; and the ways by which
it may be revised or amended.
• Constitution of Government
• It establishes, limits, and defines the powers of the government and
distributes them to its various departments.
• Constitution of Liberty
• It declares the rights and freedoms of people
Constitution v. Statute

• Constitution is authored by the people; the statute by their

representatives.
• The constitution prescribes the framework of the government and
the parameters of the laws; laws provide the details.
• The constitution addresses the present and the future; laws the
present.
• The constitution is the supreme law to which all statutes should
conform. (De Leon 2011)
References

• Altman, Andrew. 2001. Arguing about the Law: An Introduction to

Legal Philosophy. 2nd ed. Australia: Wadsworth Publishing
Company.
• Young, Iris Marion. 2000. Inclusion and Democracy. Oxford: Oxford
University Press.
• De Leon, Hector & Hector De Leon, Jr.. 2011. Textbook on the
Philippine Constitution. Manila: Rex Book Store.