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    Constitutional Law Lesson 1

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    majid_marohombsar
    This document provides an overview of key concepts in political and constitutional law. It defines political law as dealing with the organization and operations of governmental organs and their relations with citizens. Constitutional law is then defined as studying the structure and powers of the Philippine government, including concepts like the separation of powers and rule of the majority. The nature of the state is explained as requiring a community of people inhabiting a fixed territory and governed by an independent government. The four elements of a state - people, territory, government, and sovereignty - are then expounded on in more detail. The nature of the constitution and key concepts like the separation of powers and rule of the majority are also outlined.

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    Constitutional Law Lesson 1

    Uploaded by

    majid_marohombsar
    202 views4 pages
    This document provides an overview of key concepts in political and constitutional law. It defines political law as dealing with the organization and operations of governmental organs and their relations with citizens. Constitutional law is then defined as studying the structure and powers of the Philippine government, including concepts like the separation of powers and rule of the majority. The nature of the state is explained as requiring a community of people inhabiting a fixed territory and governed by an independent government. The four elements of a state - people, territory, government, and sovereignty - are then expounded on in more detail. The nature of the constitution and key concepts like the separation of powers and rule of the majority are also outlined.

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    Atty. Gallant Soriano

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    This document provides an overview of key concepts in political and constitutional law. It defines political law as dealing with the organization and operations of governmental organs and their relations with citizens. Constitutional law is then defined as studying the structure and powers of the Philippine government, including concepts like the separation of powers and rule of the majority. The nature of the state is explained as requiring a community of people inhabiting a fixed territory and governed by an independent government. The four elements of a state - people, territory, government, and sovereignty - are then expounded on in more detail. The nature of the constitution and key concepts like the separation of powers and rule of the majority are also outlined.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    202 views4 pages

    Constitutional Law Lesson 1

    Uploaded by

    majid_marohombsar
    This document provides an overview of key concepts in political and constitutional law. It defines political law as dealing with the organization and operations of governmental organs and their relations with citizens. Constitutional law is then defined as studying the structure and powers of the Philippine government, including concepts like the separation of powers and rule of the majority. The nature of the state is explained as requiring a community of people inhabiting a fixed territory and governed by an independent government. The four elements of a state - people, territory, government, and sovereignty - are then expounded on in more detail. The nature of the constitution and key concepts like the separation of powers and rule of the majority are also outlined.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    CONSTITUTIONAL LAW LESSON 1

    POLITICAL LAW
    Is that branch of public law, which deals with the organization and
    operations of the governmental organs of the State and defines the relations of
    the State with the inhabitants of its territory.
    In the present law curriculum prescribed by the Supreme Court, it
    embraces:
    Constitutional Law I and II
    Administrative Law
    Law of Public Officers
    Election Law
    Law on Municipal Corporations
    PUBLIC LAW

    CONSTITUTIONAL LAW
    Is a study of the structure and powers of the Government of the Republic
    of the Philippines, it also deals with certain basic concepts of Political Law, such
    as the nature of the State, the supremacy of the Constitution, the separation of
    powers, and the rule of the majority.
    Expound
    BASIC CONCEPTS OF POLITICAL LAW

    NATURE OF THE STATE


    THE STATE is a community of persons, more or less numerous,
    permanently occupying a fixed territory, and possessed of an independent
    government organized for political ends to which the great body of inhabitants
    render habitual obedience.

    4 ELEMENTS OF THE STATE (EXPOUND)


    PEOPLE
    People refers to the inhabitants of the State.
    Requisites:
    1. Numerous to be self sufficing
    2. Numerous to defend selves
    3. Small enough to administer and sustain
    May develop shared characteristics, which will unite them into a nation
    TERRITORY
    Territory is the fixed portion of the surface of the earth inhabited by the people
    of the State
    Requisites:
    1. Must not be too big to administer and defend
    2. Must not be too small to unable to provide for the needs of the
    population
    Components:
    1. Terrestrial domain land mass
    2. Maritime and Fluvial domain inland and external waters
    3. Aerial domain air space above the land and the waters
    See Article I of the 1987 Constitution
    GOVERNMENT
    Government is the agency or instrumentality through which the will of the State
    is formulated, expressed and realized.
    Components (Expound):
    1. Functions
    2. Parens Patriae
    3. De Jure and De Facto Governments
    4. Government of the Philippines
    5. Administration
    SOVEREIGNTY
    Sovereignty is the supreme and uncontrollable power inherent in a State by
    which that State is governed.

    NATURE OF THE CONSTITUTION


    The Constitution is the basic and paramount law to which all other laws must
    conform and to which all persons, including the highest officials of the land, must
    defer. No act shall be valid, however noble its intentions, if it conflicts with the
    Constitution.
    SEPARATION OF POWERS
    Under the principle of separation of powers, neither Congress, the President, nor
    the Judiciary may encroach on fields allocated to the other branches of
    government
    The doctrine of separation of powers is intended to prevent a concentration of
    authority in one person or group of persons that might lead to an irreversible
    error or abuse in its exercise to the detriment of our republican institutions.
    The principle of separation of powers ordains that each of the three great
    branches of government has exclusive cognizance of and is supreme in matters
    falling within its own constitutionally allocated sphere.
    RULE OF MAJORITY

    STATUTES

    EXECUTIVE ORDERS

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