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Introduction
Concept of Constitution
Meaning of Constitution
Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised The written instrument by which the fundamental powers of the government are established, limited, defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.
2. Establishes basic framework and underlying principles of government. To assign to different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded. It is primarily designed to preserve and protect the rights of individuals against subjective actions of those in authority.
It is the branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation.
Kinds of Constitution
2. As their form
a. Written One which has been given definite written form at a particular time, usually by a specially constituted authority called a Constitutional Convention b. Unwritten One which is entirely the product of political evolution
Requisites of a good written constitution 1. As to form a good written constitution should be: a. Brief not too detailed b. Broad comprehensive as possible c. Definite Free from vagueness and ambiguity
2. As to contents, it should contain at least three sets of provisions: a. Constitution of government Framework of the government b. Constitution of liberty Bill of rights c. Constitution of Sovereignty modes of amending or revising the constitution.
3. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only 4. A constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform.
2. Exercise of government powers. A government of laws, as contrasted with a government of men, is a limited government. It has only the powers given it by the Constitution and laws, and may not go beyond the grants and limitations set forth therein.
3. Observance of the law He cannot take the law into his own hands by resorting to violence or physical force to enforce his rights or achieve his ends without being civilly and criminally held liable for his own action. 4. Significance of the principle - It is basic that laws must be obeyed by all and applied to everyone without fear or favor.
Every citizen has thus a stake in the rule of law as contrasted to the rule of men. Without it, there is only anarchy, or a mere semblance of order under a dictatorship.