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Unwritten Constitution
Consists of rules which have not been integrated
into a single, concrete for but are scattered in
various sources such as statutes, judicial decisions,
Conventional Constitution
- An enacted constitution, formally struck off at a
definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Cumulative Constitution
- The result of political evolution, not inaugurated
at any specific time but changing by accretion
rather than by any systematic method.
Rigid Constitution
- One that can be amended only by a formal and
usually difficult process
Flexible Constitution
- One that can be changed by ordinary legislation
Political Law
It is the branch of public law which deals with the
organization and obligations of the various
instrumental organs of the state and defines the
relationship of the state and the inhabitants of its
territory.
THREE INHERENT POWERS OF THE STATE
1.
2.
3.
Police Power
Power of Eminent Domain
Power of Taxation
Pervasive
Power
Philippine Constitution
According to Cooley:
The body of rules and maxim in accordance with which
the powers of sovereignty are habitually exercised
Disadvantage
If there is a legitimate need, the Constitution will impede
progress
The Constitution cannot be amended by the exigent
passage of a law by Congress, because the Constitution
is superior to any and all laws and laws passed by
Congress is inferior to the Constitution
BRIEF
DEFINITE/CLEAR
CLASSIFICATION OF CONSTITUTIONS
Constitution of Liberty
Bill of Rights: Sets forth the civil and political
rights of the people
Written Constitution
- Its precepts are embodied in one document or
set of documents.
1
Constitution of Government
Refers to the part of the Constitution which
provides for the framework for the organization
of the government, sets forth the powers of the
government:
a. Article 6: Legislative Branch
b. Article 7: Executive Branch
c. Article 8: Judiciary
d. Article 9: Various constitutional commission
Constitution of Sovereignty
Consists of the provisions pointing out the mode
or procedure in accordance with which formal
changes in the fundamental law may be brought
about.
PROPOSAL STAGE
Verbal Legis
It means that in interpreting the provisions in the
Constitution that the words used there in must be
interpreted in their ordinary or literal sense except
where technical terms are used.
CONSTITUTIONAL CONVENTION
(Bayan vs Zamora)
Self-Sustaining/Executing Provisions
The Constitution does not need any statutory
implementation
The Constitution does need to enabling laws for it to
be effective
a. Congress
A Constitutional Convention may called
by congress upon 2/3 of all its members;
the House of Representatives and
Senate voting separately.
AMENDMENT or REVISION
Amendments
These are isolated changes in some provision/s
in the Constitution and this can be done by
adding, subtracting or deleting a portion of the
provision therein.
Piecemeal change
Revision
This is the complete rewriting or overhaul of the
Constitution.
Also refers to isolated changes in the
Constitution that would drastically alter the basic
principles underlining the Constitution.
RATIFICATION STAGE
PEOPLES INITIATIVE
(Article 17, Section 2 of the 1987 Constitution)
Judicial Review
- If the question deals with the legality of an act
then this may not be considered a purely
political question and so this can reviewed by
courts of law.
Certiorari
- This is an independent civil action.
Appeals
- This is a continuation of the proceeding that
happened in the court below.
Political Question
Those questions which under the Constitution,
are to be decided by the people in their
sovereign capacity, or in regard to which full
discretionary authority has been delegated to
the legislature or executive branch of
government.
It is concerned with issues dependent upon the
wisdom, not the legality of a particular measure.
(Taada vs. Cuenco)
-
Exceptions:
3.
Checking Function
2.
Proper Party
a. Citizen Suit
- Petitioner assailing the citizen suit must have
incurred injury directly caused by the questioned
law.
Symbolic Function
b. Taxpayer Suit
- The petitioner must be able to establish that the
questioned act involves illegal disbursement of
public funds and that the illegal disbursement of
public funds is done in connection with the
taxing or spending power of Congress.
c.
There must be an actual case or controversy.
The question of constitutionality must be raised by
the proper property.
The Constitutional question must be raised at the
earliest possible opportunity.
The decision of the Constitutional question must be
decisive or the very lis mota of the case.
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d. Voter Suit
- The petitioner assailing this legal standing must
be able to establish that the questioned act or
law infringes his right as a voter.
Exceptions:
1. The issue if the Transcendental Importance
- The issue is accompanied with paramount or
important public interest.
Declaratory Relief
Legislator Suit
- In this action, it is necessary that the member of
congress must show that the questioned act
infringes his legal right and prerogatives as a
legislator.
As a Rule:
Out of respect to the other branches of government,
courts of law should refrain or avoid from ruling on
the issue of validity or invalidity of a law.
Two Effects:
a.
b.
Orthodox View
This view is applied when the validity of a
law is questioned immediately after it
became effective.
PARTIAL UNCONSTITUTIONALITY
Requisites:
This will happen if there is a legislative intent to
retain the valid provisions of the law and this is
found on the Separability Clause found on the law
itself.
Exceptions:
1. Criminal Proceeding:
- The question dealing with the validity or
invalidity of law may be raised at the sound
discretion of the judge.
2. Civil Proceeding:
- Any question dealing with the validity or
invalidity of a law may be raised at any stage of
the proceeding if such issue is crucial or
determinative of the case.
Separability Clause
- This provides that if any of the provision a law is
declared invalid then the other remaining parts
thereof shall remain valid.
If the questioned provision is the heart and soul of
the law or it is the be-all-and-end-all of a law then if it
is declared unconstitutional, the result will be to
invalidate the whole law.