introduction
DESCRIPTION
Summary of Introduction BernasTRANSCRIPT
INTRODUCTION Philippine Constitutionalism, Birth Pangs, and Traumatic Growth I. Early Organic Acts A constitution is a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. It is the supreme written law of the land. It is both a grant and limitation of governmental authority. Classification According to Norms of Governmental Action
1. Normative Constitution – norms direct governmental action and government habitually adjusts to its actions.
2. Nominal Constitution – cannot yet be fully operative because of existing socio-‐economic conditions. Its value is educational. It points towards the mature state to which a fledging polity must grow.
3. Semantic Constitution – The primary purpose of a constitution is to limit power but this does the opposite. It is a tool for the perpetuation of power in the hands of power holders.
Constitution may be divided into three parts:
1. Constitution of government – provisions that set up government structure
2. Constitution of liberty – provisions that provide individual fundamental liberties against government abuse.
3. Constitution of Sovereignty – provisions that outline the process whereby the sovereign people may change the constitution
The Constitution is what the judges say it is. Judicial review involves the power and duty on the part of the Court of pronouncing void any such act which does not square with its own reading of the constitutional instrument. Philippine Constitution grew from organic documents enacted by the US government:
1. President McKinley’s Instructions to the Second Philippine Commission
2. The Philippine Bill of 1902 3. The Philippine Autonomy Act of 1916
Tydings – McDuffie Law – provided for the established of a Commonwealth government to be established under a constitution drafted and ratified by the Filipino people. II. The 1935 Constitution The Constitutional Convention met on July 30 1934 until February 8 1935. On March 3 1935, the President of the US approved the draft. On May 14 1935, it was ratified by the
Book: Constitutional Structure and Powers of Government Class: Constitutional Law I Topic: Introduction
Filipinos. On November 15, 1935, the Commonwealth government was created. III. The 1973 Constitution The 1971 Constitutional Convention began on June 1 1971. However, martial law was announced on September 21 1972. On November 29 1972, the Convention approved its draft. On November 30 1972, the President issued Presidential Decree No. 73 and set the date for the plebiscite on January 15 1973. This was postponed. Oh January 17, 1973, by Proclamation No. 1102, the proposed constitution was ratified by members of the Citizens Assembly. On March 31 1973, the Supreme Court ruled that there is no further judicial obstacle to the new Constitution being considered in force and effect (Javellana v. Executive Secretary). In 1976, the Constitution was amended to give birth to the interim Batasang Pambansa, a legislative body which functioned no better than as a rubber stamp for the will of the President. In 1981, the Constitution was amended again to give way to a regular Batasang Pambansa. IV. The Freedom Constitution Elections were held on February 8 1986. On February 15, Batasan Pambansa declared Marcos the winner. On February 22 1986, Juan Ponce Enrile (Minister of National Defense) and Fidel Ramos (Vice Chief of Staff General) revolted. They would have lost but were backed up the civilians.
On February 25 1986, Cory was declared first woman president of the Philippines. She turned her back on the Batasan Pambansa and the 1973 Constitution and instead through Proclamation No. 3, established the Freedom Constitution. V. The 1987 Constitution Article VI of Proclamation No. 3 provided the conditions for the establishment of the new Constitution. The 1986 Constitutional Convention convened on June 1 1986 and finished on October 15 1986. On Feb 2 1987, the Constitution was ratified by the plebiscite. The government has fought against coups and although there has been informal debates about changing the constitution, it still remains to be the same today.