supremacy of the constitution

CONSTITUTION

SUPREMACYof

08.22.2012

The constitution refers to

“that body of rules and

principles in accordance with

which the powers of

sovereignty are regularly

exercised”

CONSTITUTIONAL LAW

THE STUDY OF THE MAINTENANCE OF

THE PROPER BALANCE BETWEEN AUTHORITY AS REPRESENTED BY THE

THREE INHERENT POWERS OF THE STATE AND LIBERTY AS GUARANTEED

BY THE BILL OF RIGHTS.

PERMANENCE OF THE CONSTITUTION

Capacity to resist capricious or whimsical change dictated not by legitimate needs but only by passing fancies, temporary passions or occasional infatuations of the people with ideas or personalities.

PERMANENCE OF THE CONSTITUTION A Constitution must be

firm and immovable, like a mountain amidst the strife of storms or

a rock in the ocean amidst the raging of

the waves. Such is not likely to be easily

tampered with to suit political expediency,

personal ambitions or ill-advised agitation for

change.

INTERPRETATION OF THE

CONSTITUTIONIN CASE OF

DOUBT, THE CONSITUTION

SHOULD BE SELF-

EXECUTING THAN NON-

SELF-EXECUTING; MANDATORY

RATHER THAN DIRECTORY;

AND PROSPECTIVE RATHER THAN

RETROSPECTIVE.

PURPOSE1. PRESCRIBE THE

PERMANENT FRAMEWORK OF THE SYSTEM OF GOVERNMENT.

2. ASSIGNMENT OF POWERS IN THE GOVT.

3. ESTABLISHMENT OF BASIC PRINCIPLES

4. PRESERVE AND PROTECT THE RIGHTS OF THE CITIZENS

KINDS OF CONSTITUTION

As to their Origin & History

1. Conventional or enacted

2. Cumulative or evolved

As to their form1. Written

2. Unwritten As to manner of

amending1. Rigid or Inelastic

2. Flexible or Elastic

Requisites of a Good Written Constitution As to form

1. Brief2. Broad3. Definite

As to Content1. Constitution of Government2. Constitution of Liberty3. Constitution of Sovereignty

CONSTITUTION vs. STATUTE

1) Direct from the people

2) General Framework

3) To meet the present and future conditions

4) Supreme fundamental law of the State

1. Enacted by the people’s representatives

2. Details 3. For the existing

conditions only4. Must conform to

the Constitution or subordinate to the constitution

PARTICIPANTS IN THE ADOPTION OF THE CONSTITUTION

1. PROPOSING AGENT – Constitutional Convention, commission, legislatures or other bodies

2. RATIFYING AGENT – The electorate that will approve the draft, or the legislature or a constitutional convention

STEPS IN AMENDING THE CONSTITUTION

PROPOSALa. By Congress – vote of ¾ of all its members voting separatelyb. Constitutional Conventionc. People’s Initiative

RATIFICATION – Majority of the votes in a plebiscite

1987 PHILIPPINE CONSTITUTION

Fifth Constitution: MALOLOS CONSTITUTION, 1935 CONSTITUTION, 1973 CONSTITUTION, FREEDOM CONSTITUTION & 1987 CONSTITUTION

CONSTITUTIONAL COMMISSION FEBRUARY 2, 1987 PLEBISCITE 76.29% VOTED TO RATIFY THE 1987

CONSTITUTION

THE END