THE CONSTITUTION

Group 2

Alice Maninang

Janel Roxas

Mary Ann Santiago

Antonio Delgado

SPECIAL TOPIC 1

What is Cha-cha?

CONSTITUTIONA constitution is the fundamental law of

the land. It may be a written instrument or a

precise text or series of texts enacted at a given time by a sovereign power; or it may be the result of a series of legislative acts, ordinances, judicial decisions, precedents, and customs.

CONSTITUTION VS. STATUTE

Constitution Statute

• Deals with fundamental principles of a general nature regarding the government

• Pertains to specific subjects

•Made by an extraordinary body of men chosen especially for the very purpose of drafting a constitution

• Made by ordinary legislature

•Promulgated to meet not only present but also future conditions

• Passed to cope only with present conditions

RIGID AND FLEXIBLE CONSTITUTIONSRigid constitution – one that is difficult

to amend, because the process is a formal oneEx: US and Phl constitutions

Flexible constitution – relatively easy to amendEx: British constitution

WRITTEN AND UNWRITTEN CONSTITUTIONSWritten constitution – one that is

formally enacted in one/several written instrument/sEx: Constitution of the Third French Republic

Unwritten constitution – one that has not been reduced into a single written documentEx: British Constitution

BRITISH CONSTITUTION1. Customs and traditions2. Parliamentary statutes3. Treaties4. Royal grants5. Judicial decisions and commentaries

EXAMPLE OF ROYAL GRANT:THE BRITISH MAGNA CARTA

ORIGIN OF THE WRITTEN CONSTITUTIONGreek city-states – put their basic

government document into written formAthens – made eleven constitutions

between 624 – 404 BCUS constitution – the first modern

written charter, ratified on May 29, 1790

ORIGIN OF THE WRITTEN CONSTITUTION

ORIGIN OF THE WRITTEN CONSTITUTION

COUNTRIES WHICH ADOPTED WRITTEN CONSTITUTIONS

FRANCE, 1791SPAIN, 1812NORWAY, 1814DENMARK, 1815NETHERLANDS, 1815PORTUGAL, 1822BELGIUM, 1831

COUNTRIES WHICH ADOPTED WRITTEN CONSTITUTIONS

ITALY, 1848SWITZERLAND, 1848AUSTRIA, 1861SWEDEN, 1866GERMAN EMPIRE, 18711ST PHILIPPINE REPUBLIC,

1899CHINESE REPUBLIC, 1911

MALOLOS CONGRESS

SPECIAL TOPIC 2Constitutions Enforced in the

Philippines prior to the Malolos Constitution:

1812 Cadiz Constitution 1869 Spanish Constitution Biak-na-bato constitution, 1897

REQUISITES OF GOOD CONSTITUTION1. Broad in its scope2. Brief in its content3. Definite in its principles

SPECIAL TOPIC 3CONSTITUTIONALISM It is a doctrine or principle which

describes and supports a constitution as the supreme law of the land.

It upholds the constitution as an instrument that provides a system of effective restraints upon political power

1973 CONSTITUTION:A MOST UNUSUAL CONSTITUTION Ratified by viva voce Some provisions were never

implemented Most amended written constitution in

the world (38 amendments) Most controversial constitution in

Philippine history

CONTENTS OF A WRITTEN CONSTITUTION1. Preamble2. Definition of national territory3. Definition of citizenship4. Bill of Rights5. Method of suffrage and elections for

government officials6. Structure and functions of the

government7. Method of amending the constitution8. Date of effectivity

GROWTH OF A WRITTEN CONSTITUTIONProcesses by which a written constitution

grows with time:1. Statutory legislations2. Usage3. Judicial interpretation4. Formal amendment

SPECIAL TOPIC 4

Con-Con vs. Con-Ass

METHODS FOR AMENDING WRITTEN CONSTITUTIONS1. By a constitutional convention2. By legislative action3. By legislative action and submission to

the electorate4. By legislative action and submission to

local governments for approval5. By initiative

MERITS AND DEMERITS OF WRITTEN CONSTITUTIONSADVANTAGES:1. Definiteness2. StabilityDISADVANTAGES:3. Rigidity4. May not adapt itself to existing

conditions

GAARA LEE BRITANNIA

Prepared by:“Live to express, not to impress.”