Meaning of Constitution
In broad sense, the term constitution
refers to that body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised.
It maybe defined as that written
instrument by which the fundamental
powers of the government are established,
limited, and 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. Nature and purpose or function of
constitution
the charter creating the government. It has the
status of a supreme or fundamental law as it
speaks for the entire people from whom it derives
its claim to obedience.
It is binding on all individual citizens and all
organs of the government.
It is the law to which other laws must conform
and in accordance with which all private rights
must be determined and all public authority
administered.
It is a test of the legality of all government
action, whether proceeding from the highest
official or lowest functionary.
2. Meaning of Constitution
In broad sense, the term constitution
refers to that body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised.
It maybe defined as that written
instrument by which the fundamental
powers of the government are established,
limited, and 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.
3. Nature and purpose or function of
constitution
the charter creating the government. It has the
status of a supreme or fundamental law as it
speaks for the entire people from whom it derives
its claim to obedience.
It is binding on all individual citizens and all
organs of the government.
It is the law to which other laws must conform
and in accordance with which all private rights
must be determined and all public authority
administered.
It is a test of the legality of all government
action, whether proceeding from the highest
official or lowest functionary.
4. The purpose is to prescribe the
permanent framework of the system
of government and to assign to the
different departments or branches,
their respective powers and duties
and to establish certain basic
principles on which the government
is founded
Designed to preserve and protect the
rights of individuals against the
arbitrary actions of those in
authority.
5. Meaning of constitutional law
Branch of jurisprudence which treats
of constitutions, their nature,
formation and amendment, operation
and interpretation.
It refers to the law embodied in the
constitution as well as the principles
growing of the interpretation and
application made by the courts.
6. Kinds of Constitution
As to the origin and history:
– Conventional-enacted by constituent
assembly or granted by the monarch to
his subjects like the constitution of
Japan in 1889;
– Cumulative or evolved-like the
English Constitution, product of growth
or a long period of development
originating in customs, traditions,
judicial decisions, etc., rather than from
a deliberate and formal enactment.
7. Kinds of Constitution
As to their form:
– Written-one which has been given definite
written form at a particular time, usually by a
specially constituted authority called a
“constitutional convention.”
– Unwritten-entirely, the product of political
evolution, consisting largely of a mass
customs, usages and judicial decisions
together with a smaller body of statutory
enactments of a fundamental character,
usually bearing different dates. The English
Constitution is unwritten only in the sense that
it is not codified in a single document
8. Kinds of Constitution
As to manner of amending them:
– Rigid or inelastic-one regarded as a
document of special sanctity which cannot be
amended or altered except by some special
machinery more cumbrous that the ordinary
legislative process.
– Flexible or elastic-one which possesses no
higher legal authority than ordinary laws and
which maybe altered in the same way as other
laws.
– Philippine Constitution maybe classified as
conventional or enacted, written, and rigid or
inelastic, drafted by appointive body called
“Constitutional Commission.”
9. Advantages and disadvantages of a
written constitution
It has the advantage of clearness and
definiteness over an unwritten one
because it is prepared with great care and
deliberation. Cannot easily be bent or
twisted by the legislature or by the court.
Its disadvantages lies in the difficulty of its
amendment. This prevents the immediate
introduction of needed changes and may
thereby retard the healthy growth and
progress of the state
10. Requisite of a good written
constitution
As to form, a good written constitution
should be;
– Brief-outlines the structure o the government
of the whole state and the rights of the
citizens.
– Broad-statement of the powers and functions
of the government, and the relations between
the governing body and the governed, requires
that it be as comprehensive as possible.
– Definite-any vagueness which may lead to
opposing interpretation of essential features
may cause incalculable harm.
11. Requisite of a good written
constitution
As to contents:
– That dealing with the framework of government and
its powers, and defining electorate. This group of
provisions has been called the constitution of
government
– That setting forth the fundamental rights of the
people and imposing certain limitations on the
powers of the government as a means of securing
the enjoyment of these rights. This group has been
referred to as the constitution of liberty.
– That pointing out the mode or procedure for
amending or revising the constitution. This group
has been called the constitution of sovereignty.
12. Constitution of a good written
constitution
A constitution is a legislation direct from the
people, while a statute is a legislation from the
people’s representatives.
Merely states the general framework of the law
and the government, while a statue provides the
details of the subject of which it treats.
Intended not merely to meet existing conditions
but to govern the future, while a statue is
intended primarily to meet existing conditions
only.
Supreme or fundamental law of the States to
which statues and all other laws must conform.
13. Constitution Distinguished from
statute
A constitution is a direct legislation from the
people, while a statute is a legislation from the
people’s representatives;
A constitution merely states the general
framework of the law and the government, while
the statute provides the details of the subject of
which it treats;
A constitution is intended not merely to meet
existing conditions but to govern the future,
while s statute is intended primarily to meet
existing conditions; only and
A constitution is the supreme fundamental law of
the State to which statutes and all other laws
must conform.