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Constitutional Law 2 Note Cards - Ch. 2

The document discusses key concepts regarding the constitution. It defines a constitution as the rules that establish and limit government powers according to Cooley and Malcolm. Constitutions can be written, unwritten, evolved, enacted, rigid, or flexible. The essential qualities of a written constitution are that it is broad, brief, and definite. The essential parts are the constitution of liberty, constitution of government, and constitution of sovereignty. The constitution of liberty establishes individual rights and limits government power. The constitution of government outlines the organization of government. The constitution of sovereignty describes the amendment process.

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530 views26 pages

Constitutional Law 2 Note Cards - Ch. 2

The document discusses key concepts regarding the constitution. It defines a constitution as the rules that establish and limit government powers according to Cooley and Malcolm. Constitutions can be written, unwritten, evolved, enacted, rigid, or flexible. The essential qualities of a written constitution are that it is broad, brief, and definite. The essential parts are the constitution of liberty, constitution of government, and constitution of sovereignty. The constitution of liberty establishes individual rights and limits government power. The constitution of government outlines the organization of government. The constitution of sovereignty describes the amendment process.

Uploaded by

Ryan Suaverdez
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© © All Rights Reserved
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You are on page 1/ 26

(Consti Law 2) 1

HOW IS THE CONSTITUTION DEFINED?


a. According to Cooley
b. According to Malcolm

(Consti Law 2) 2
COOLEY: that body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised.
MALCOLM: the written instrument enacted by direct action of the
people by which the fundamental powers of the government are
established, limited and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politic.

(Consti Law 2) 3

Supremacy of the Constitution

(Consti Law 2) 4
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.
Expediency must not be allowed to sap its strength.
Right or wrong it must be upheld unless changed by the sovereign
people

(Consti Law 2) 5

How are Constitutions classified?

(Consti Law 2) 6
1.
2.
3.
4.
5.
6.

Written: one whose precepts are embodied in one document or set


of documents.
Unwritten: consists of rules which have not been integrated into a
single concrete form, but scattered from various souces.
Evolved: (cumulative constitution) a result of political evolution.
Enacted: (conventional constitution) formally struck off at a definite
time and place.
Rigid: one that can be amended only by a formal or usually difficult
process.
Flexible: can be changed by ordinary legislation.

(Consti Law 2) 7

What are the essential qualities of the written constitution?

(Consti Law 2) 8
BROAD because it provides for the organization of the entire
government, people, territory and state, and embodies the past to
anticipate the future.
BRIEF because it must confine itself to basic principles to be
implemented with legislative details more adjustable to change and
easier to amend.
DEFINITE because it must be clear lest ambiguity in its provisions
result in confusion and divisiveness among people, even conflict.

(Consti Law 2) 9

What are the essential parts of the Written Constitution?

(Consti Law 2) 10
Three essential substantive parts:
1. Constitution of Liberty
2. Constitution of Government
3. Constitution of Sovereignty

(Consti Law 2) 11

What is constitution of liberty?

(Consti Law 2) 12
Constitution of Liberty: prescriptions setting forth the fundamental
civil and political rights of the citizens and imposing limitations on the
powers of the government as a means of securing the enjoyment of
those rights.
Principally found in Art. III, II, IV, V, and XII.

(Consti Law 2) 13
What is constitution of government?

(Consti Law 2) 14
Constitution of Government consists of a series of provisions outlining
the organization of the government, enumerating its powers, laying
down certain rules relative to its administration, and defining the
electorate.
Found in Arts. VI to XI of the Constitution.

(Consti Law 2) 15
What is constitution of sovereignty?

(Consti Law 2) 16
Constitution of sovereignty consists of provisions pointing out the
mode or procedure in accordance with which formal changes in the
fundamental law may be brought about.
Found in Art. XVII of the Constitution.

(Consti Law 2) 17

Permanence of the Constitution

(Consti Law 2) 18
Permanence is its capacity to resist capricious or whimsical change
dictated not by passing fancies, temporary passions or occasional
infatuation of the people with ideas or personalities.
But the virtue of permanence may at the same time be a disadvantage
where the written constitution is unable to adjust to the need for
change justified by new conditions and circumstances.

(Consti Law 2) 19
How should the Constitution be interpreted?

(Consti Law 2) 20
The constitution must change with the changing times lest it impede
the progress of the people with antiquated rules grown ineffective in a
modern age.
In case of doubt, the constitution should be considered self-executing
rather than non-self-executing; mandatory rather than directory; and
prospective rather than retrospective.

(Consti Law 2) 21
Amendment or Revision

(Consti Law 2) 22
Amendment: isolated or piecemeal change.
Revision: revamp or rewriting of the whole instrument.

(Consti Law 2) 23

Procedure in amending or revising the Constitution

(Consti Law 2) 24
1.

2.

Proposal made either directly by congress or by a constitutional


convention.
a. Amendment direct legislative action (3/4) of the members.
Avoids unnecessary expenditures.
b. Revision constitutional convention (2/3) of all the members of
congress.
c. Initiative Section 2 of Article XVII
Ratification (above) shall be valid when ratified by a majority of the votes
cast in a plebiscite held not earlier than sixty days nor later than ninety days
after the approval of such change by the COMELEC.

(Consti Law 2) 25

Judicial Review of Amendments

(Consti Law 2) 26
The present doctrine allows the courts to inquire into whetheror not
the prescribed procedure for amendment has been observed.
Tanada vs. Cuenco
Sanidad vs. COMELEC

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