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Constitutional Law II Purpose of the Bill of Rights in the Constitution

 To limit the exercise of such rights.


What is law?
How can a Constitution take effect?
 A set of rules of conduct, established
 By the approval of the people through
and enforced by government.
ratification.
 The purpose is to regulate the conduct
of people within the society so that all Take note:
members of the society follow the same
 A good citizen means being concerned
What is Sovereignty and involved on how the government
operates since we are the sovereign
 The power to govern
people and the government is our
What is Political Law? representative.

 That branch of public law which deals Why do we need Constitution


with the organization and operations of
 To assign governmental duties.
the governmental organs of the state
 To protect and limit the fundamental
and defines the relations of the state
rights of the people. Hence, it only
with the inhabitants of the territory.
recognizes and protects the rights of the
 It is called a “public law” because it
people.
deals with the organization and
 It is the fundamental and supreme law
operations of the governmental organs
of land.
of the state and defines the relations of
the state with the inhabitants of the Doctrine of Constitutional Supremacy
territory.
 Means that it is the highest and
It consists of: supreme law of land. Hence all laws
must conform to it, otherwise, it
 Constitutional Laws I & II
violates the constitution.
 Administrative Law, Law on Public
 All other laws are inclusive and in
Officers & Elections Laws
accordance with the Constitutional
 Public International Law
provisions.
Why we study it? o Stems from the presumption
that all laws are in accordance
 Because sovereignty resides in the
with the constitution. And the
people, hence we have to study and
constitution is deemed written
understand political law. Also, the
in all laws.
government authority emanates from
o Refer to Manila vs. GSIS case.
the people.
Amendment and Revision
What is a Constitution?
 A revision changes the substantial
 Body of rules and maxims in accordance
aspect of the Constitution.
with which the powers of sovereignty
 People’s Initiative cannot propose a
are habitually exercised.
revision.
 There is no fixed rule of determining if
whether it is a revision or amendment.
o Hence, must be examined from
case to case basis.
 Question: Can we do ratification during
elections?
o Gonzales v. COMELEC (Page 26
of the book)
 Question: Can a piecemeal amendment
on lowering the age for legibility of
voter from 21 to 18 years old.
o Tolentino v. COMELEC (Page 27
of the book)

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