supremacy of the constitution
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TRANSCRIPT
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