CONCEPT OF CONSTITUTION

The constitution refers to “that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised”

Nature and Purpose or Function of the Constitution

Serves as the supreme fundamental law

Establishes basic framework and underlying principles of government

Kinds of Constitution

Origin and History:a. conventional of enactedb. cumulative or evolved

Form:a. writtenb. unwritten

Manner of amending:a. rigid or inelasticb. flexible or elastic

What do you think is a better constitution?

Advantage and disadvantage of a written constitution:

1. Clearness and definiteness; stable

2. Difficult to amend

What makes a good written constitution?

Requisites… I. form:

-brief-broad-definite

Contents:

-constitution of government-constitution of liberty-constitution of sovereignty

Constitution vs. Statute

Constitution-direct legislation

from people

- General framework of law and government

Statute-legislation from the

people’s representative

-provides details of subject it treats

-intended to meet existing and future conditions

-supreme fundamental law

- Intended primarily to meet existing conditions

- Statutes must conform to the constitution

Who has the power to interpret the constitution?

Primarily rests on the court ( Supreme Court for constitutional questions )

But the following can also interpret:- Individuals ONLY insofar as guiding

his own actions and dealings with others

- the executive and legislative for instances when responsibilities to interpret has been charged upon them

Why interpret the constitution?

To ascertain and give effect to the INTENT of the framers and of the people who adopted or approved it or its amendments

Constitutions of the Philippines

The 1935 constitution

The 1973 constitution

The 1987 constitution ( this is what is enforced/effective right now!)