CONSTITUTIONSUPREMACY

08.22.2012

The constitution

refers to

“that body of rules

and principles in

accordance with

which the powers of

sovereignty are

regularly exercised”

CONSTITUTIONAL LAW

THE STUDY OF THE MAINTENANCE OF THE PROPER

BALANCE BETWEEN AUTHORITY AS

REPRESENTED BY THE THREE INHERENT POWERS OF

THE STATE AND LIBERTY AS GUARANTEED BY THE

BILL OF RIGHTS.

PERMANENCE OF THE CONSTITUTION

Capacity to resist

capricious or whimsical

change dictated not by

legitimate needs but

only by passing fancies,

temporary passions or

occasional infatuations

of the people with ideas

or personalities.

PERMANENCE

OF THE

CONSTITUTION A Constitution must be firm and immovable, like a

mountain amidst the strife of storms or a rock in the

ocean amidst the raging of the waves. Such is not likely

to be easily tampered with to suit political expediency,

personal ambitions or ill-advised agitation for

change.

INTERPRETATION OF

THE CONSTITUTION

IN CASE OF DOUBT,

THE CONSITUTION

SHOULD BE SELF-

EXECUTING THAN

NON-SELF-EXECUTING;

MANDATORY RATHER

THAN DIRECTORY;

AND PROSPECTIVE

RATHER THAN

RETROSPECTIVE.

PURPOSE1. PRESCRIBE THE

PERMANENT

FRAMEWORK OF THE

SYSTEM OF

GOVERNMENT.

2. ASSIGNMENT OF

POWERS IN THE GOVT.

3. ESTABLISHMENT OF

BASIC PRINCIPLES

4. PRESERVE AND

PROTECT THE RIGHTS

OF THE CITIZENS

KINDS OF

CONSTITUTION

As to their Origin & History

1. Conventional or enacted

2. Cumulative or evolved

As to their form

1. Written

2. Unwritten

As to manner of amending

1. Rigid or Inelastic

2. Flexible or Elastic

Requisites of a

Good Written

Constitution

As to form

1. Brief

2. Broad

3. Definite

As to Content

1. Constitution of Government

2. Constitution of Liberty

3. Constitution of Sovereignty

CONSTITUTION vs. STATUTE

1) Direct from the people

2) General Framework

3) To meet the present and future conditions

4) Supreme fundamental law of the State

1. Enacted by the people’s representatives

2. Details

3. For the existing conditions only

4. Must conform to the Constitution or subordinate to the constitution

PARTICIPANTS IN THE ADOPTION OF THE

CONSTITUTION

1. PROPOSING AGENT – Constitutional

Convention, commission, legislatures or

other bodies

2. RATIFYING AGENT – The electorate that will

approve the draft, or the legislature or a

constitutional convention

STEPS IN AMENDING

THE CONSTITUTION

PROPOSAL

a. By Congress – vote of ¾ of

all its members voting

separately

b. Constitutional Convention

c. People’s Initiative

RATIFICATION – Majority of

the votes in a plebiscite

1987 PHILIPPINE CONSTITUTION

Fifth Constitution: MALOLOS CONSTITUTION, 1935

CONSTITUTION, 1973 CONSTITUTION, FREEDOM CONSTITUTION

& 1987 CONSTITUTION

CONSTITUTIONAL COMMISSION

FEBRUARY 2, 1987 PLEBISCITE

76.29% VOTED TO RATIFY THE 1987 CONSTITUTION

THE END