Poli rev oct 27-finals

What is the doctrine of royal prerogative of dishonesty

What is the doctrine of proper submission

Can we declare war against china?

-no under the consti we renounces war
what if the china declare war against us?
-still no, what we can declare is declaration of state of war

Who is higher the general army or the barangay captain?

Sec 3 or art 2
-civilian authority is at all times supreme over military.
-no time that military can be higher to a civil authority
-because if military, it will contravenes the govt democratic----
-the president is the commander in chief
-run counter the civilian supremacy
-the military want to be a president must resign from military

congress delegated the rule making pow

what are the two test for valid delegation

1 The completeness test
2 Sufficient standard test

The 1987 consti is it a written constitution or unwritten

-written constitution

a condom and pills are not abortifacients

-sec 12 of article 2

what provisions has been declared unconstitutional in Imbong v ochoa

a state is .. occupying a definite and fix territory with a establish govt. and free form external
control

elements
1. People
2. Territory
3. Government
4. Sovereignty
 a. May be exercised directly or
b. Indirectly

Sovereignty resides from people all government authority resides from them

Internal v external sovereignty (independence

When the state enters into treaty into another state, and grant certain power to that certain
exercise that certain power-princple of automintation

Vatican city-state-because it has sovereignty

The consti is the contact of people and the leaders/or govt

-an agreement between the ruler and ruled. Where the ruler rule the ruled
-ruled shall have the power to change the ruler
-it is a social contract theory

that social contract today is called the constitution..

there are 3 part of constitution

1. Liberty
2. Sovereignty
3. ====

Kinds and classification

Can you interpret the constitution?

-anyone can interpret the consti
-official interpreter is the judiciary

interpretation ofconstitution
1. Verba legis-word use on its ordinary meaning, except the technical term is employed.
Why verbal egis, because it is for the ordinary people. Language shall be understood in
the sense of its common use.
2. Interpret accdg to the spirit-what is the intention of the framers
-the court determines the intent of the framers, because it will explain it to the people
the way it intended.
3. must be interpreted as a whole.
4. must be uniform construction

constitution is a living document-it is dynamic

in case of doubt he provision of the constitution are
1. Self executory
2. Mandatory

Amendment can be done-is a piecemeal change in the constitution

1. Conass
2. Concon
3. pI
revision-almost a total change, a change that alters the basic principle or several provison

1. conass
2. concon

test
qualitative
quantitative
-many provision affected

the 1987 consti, was drafted by a constitutional commission. It was only utilized during the
revolution

revolutionary convention
1. malolos constitution
2. 1986 concom

what we can change?

Anything except (based on the Vienna convention) jus cogens or prefaratory norms

Preamble
Came form latin word preambulare-to walk before.
The preamble is part of the constitution
-not essentital part, because it does not grant privilege etc
the purpose of preamble is an introduction.

Declaration of principle and policies

Principle-guide… to give light to the other meaning of consti.

State policies-definite method and casuses of action to guide/determine the present and future
conditions

Princilple- basic political creed

State policies- fundamental obligation of the state.