Constitution timmy

Every state has had a constitution of some
kind whether it be an elaborate document or just a
collection of rules. It is inconceivable how a state could
exist or survive without a constitution of some form.
The foundation of the system of government
of the Philippines is the constitution.

In its broad sense, the term
constitution refers to the “body of rules and
principles in accordance with which the
powers of sovereignty is regularly exercised.”
Etymology:
Latin word “CONSTITUO” which means
“fixed”, “established”, or “settled”

 “Constitution is a written instrument
(document) by which the fundamental
powers of government are established,
limited, and defined, and by which these
powers are distributed among several
departments for their safe and useful
exercise for the benefit of the body politic.”
-Justice Miller, US Supreme Court

1. Serves as the supreme or fundamental law.
 It is the Charter creating the government.
 It is binding to all individual citizens and all organs of
the government.
 It is the law to which all other laws must conform.
 It is the test of the legality of all governmental
actions.

2. Establishes the basic framework and underlying
principles of government.
 Prescribes the permanent framework of the system of
government, and assigns to the different department
or branches, their respective powers anD duties.
(Art.I)
 To establish certain basic principles on which the
government is founded. (Preamble, Art.I)
 Designed to preserve and protect the rights of the
citizen against the Powers of the State. (Art III)

 It is defined as the branch of public law
which deals with constitution: their nature,
formation, amendment, and interpretation.
 It is also the law embodied in the
Constitution as well as the principles
growing out of the interpretation and
application made by the courts, specifically
the Supreme Court.

Constitution may be classified as follows:
1) As to origin and history:
a) Conventional or enacted—one which is enacted by a
constituent assembly or granted by a monarch to his
subjects (e.g. Constitution of Japan)
b) Cumulative or evolved—one which is a product of a
long period of development originating in customs,
traditions, judicial decisions etc, rather than from
deliberate and formal enactment. (e.g. English
Constitution)

2) As to form:
a) Written Constitution—one which has been given
definite form at a particular time, usually by a
specially constituted authority called a “constitutional
convention” or “constitutional commission”.
b) Unwritten Constitution—one which is entirely a
product of political evolution, consisting largely of a
mass of customs, usages, and judicial decisions.

3) As to manner of amending them:
a) Rigid or inelastic—one regarded as a document of
special sanctity, which can not be amended or altered
except by some special machinery other than ordinary
legislative process.
b) Flexible or elastic—one which possesses no higher
legal authority than ordinary laws and which may be
altered in the same way as other laws.

 The 1987 Philippine Constitution is
thus a conventional/enacted,
written, and rigid/inelastic
constitution.

 It has the advantage of clearness and definiteness
over an unwritten one. Since the written
constitution is a binding document, the rights of
the citizen is more secured.
 Its disadvantage lies in the difficulty of its
amendment. This prevents the immediate
introduction of needed reforms and may thereby
retard the healthy growth and progress of the
State.

 BRIEF/BREVITY: because if a constitution is too
detailed, it would lose the advantage of a fundamental
law. It would never be understood by the public.
 BROAD: because a statement of the powers and
functions of government, and of the relations between
the governing body and the governed, requires that it
be as comprehensive as possible.
 DEFINITE: because otherwise the application of its
provision to concrete situations may prove unduly
difficult if not impossible.

Constitution timmy

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