CONCEPTS of CONSTITUTION

TYPES of CONSTITUTION

LG
TARGET

1. define a constitution;
2. examine the nature and purpose of
constitution
3. enumerate the different types constitution;
and
4. explain the different types of constitution.
WHY DO WE NEED RULES?
WHAT IS A CONSTITUTION?
CONSTITUTION

• FUNDAMENTAL LAW OF A STATE

•WHAT IS THE PURPOSE OF THE
CONSTITUTION?
• It regulates the government to protect the people:
1. By distributing powers to branches of the government.
2. By enumerating the state policies and principles.
3. By specifying individual rights and freedoms.
 • SUPREMACY OF THE CONSTITUTION

How does the constitution resolve conflicts between international law

or treaties and the fundamental law of the land?
Question
• As a researcher aiming to delve into the long-standing and complex
issue between Israel and Hamas, which research methodology would
you prefer: qualitative or quantitative? Elaborate on how you would
apply the chosen research strategy. Criteria =: content 10- timeliness-
TYPES OF CONSTITUTION
RECAP:
• What is a constitution?
NOTE:
It is an enactment by direct action of the sovereign people.
Recap
• What is the purpose of the Constitution?
Purpose of the Constitution
• Unregulated Freedom chaos, anarchy and public disorder
• Government regulated Social Order
• Government power Tyranny/ Oppression
• Constitutionally Regulated Political Order
Supremacy of the Constitution
• Question: Atty. Vicotrino Fornier filed a petition to disqualify “FPJ”
from the 2004 presidential race on the ground that he is not a Filipino
citizen. Under the Constitution the President must be a natural-born
citizen. Some FPJ supporters argued that the citizenship of FPJ is
immaterial. To them, what is important is the choice of the people. Is
the popular will of the people in selecting a President supreme over
the constitutional provision that only a natural-born citizen is
qualified to become a President?
Answer
• NO. The constitution is supreme even over the popular will. If the
people want to have an alien President, they must first amend the
Constitution. The maker of the Constitution is the people.
TYPES of CONSTITUTION

LG
As to Origin and History:
CONVENTIONAL OR ENACTED CONSTITUTION
One which is passed by a constituent assembly or
granted by a ruler to his subjects like the Meiji
Constitution
CUMULATIVE OR EVOLVED CONSTITUTION
Is one which is a product of a long period of evolution
and development originating from customs, traditions,
judicial decisions, rather than from formal enactment

"In terms of origin and historical development, how would you describe:
a. the 1987 Philippine Constitution and
b. the constitution of New Zealand?"
As to Origin and History:
CONVENTIONAL OR ENACTED CONSTITUTION
One which is passed by a constituent assembly or
granted by a ruler to his subjects like the Meiji
Constitution
CUMULATIVE OR EVOLVED CONSTITUTION
Is one which is a product of a long period of evolution
and development originating from customs, traditions,
judicial decisions, rather than from formal enactment

Constitutional Convention- Drafted the 1935 Constitution in accordance with the Tydings-Mcduffie
Law- It was ratified May 14, 1935 through a plebiscite

1971 Constitutional Convention- members elected by the people- drafted the Constitution. President
Marcos issued Presidential Decree No. 1102 declaring the Citizens Assemblies overwhelming
approved the constitutional draft which became as the 1973 Constitution.

March 25, 1986- President Corazon Aquino issued Proclamation No. 3, as the Freedom Constitution

The Constitutional Convention- paved way to the 1987 Constitution through a plebiscite.
As to Form:
• "In terms of form how would you describe:
• a. the 1987 Philippine Constitution and
• b. the constitution of United Kingdom?"
As to Form:
A WRITTEN CONSITUTION AN WRRITTEN CONSTITUTION
One which is written into a single document usually One which is chiefly based on customs and judicial
promulgated by Constitutional Convention or decisions together with different statutes.
Constitutional Assembly.
As to manner of amendment
"In terms of amendment how would you describe:
• a. the 1987 Philippine Constitution and
• b. the constitution of United Kingdom?"
As to manner of amendment
A RIGID CONSTITUTION A FLEXIBLE CONSTITUTION
Can only be amended or revised through a difficult Is one which possesses no higher legal authority than
process ordinary laws and which may be altered in the same
ways as other laws and statutes.
CODIFIED OR UNCODIFIED
CODIFIED CONSTITUTION UNCODIFIED CONSTITUTION
WRITTEN UNWRITTEN
References:
• Campanilla, R. R. (2004). Politics, Governance and Government with
Philippine Constitution. Quezon City: C&E Publishing, Inc.
• ESCOBAR, M. (2017, September 25). Look Back At The Philippine Free
Press’ Marcos-Era Editorial Cartoons. Retrieved from esquiremag.ph:
https://www.esquiremag.ph/politics/news/look-back-at-the-philippine-
free-press-marcos-era-e ditorial-cartoons-a00207-20170925-lfrm
• Hector S. De Leon and Hector M. De Leon, J. (2014). Textbook on the
Philippine Constitution. Quezon City: Rex Publishing. Star, T. P. (December, 5
2016).
• Albarico, J.M. (2013). THINK Framework. Based on Ramos, E.G. and N.
Apolinario. (n.d.) Science LINKS. Quezon City: Rex Bookstore Inc.
• Bernas, J. (2010). Constitutional Structure and Powers of Government (3rd
ed.). REX Printing Company, Inc. 84 P. Florentino St., Quezon City.