Constitutional Law 1
Constitution of the Philippines (Justice Malcolm)
The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.
Essential Parts of the Written Constitution
Constitution of Liberty – consists of a series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights (Articles II, III, IV, V, and XII)
Constitution of Government – consists a series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate (Articles VI to XI)
Constitution of Sovereignty – consists of provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Article XVII)
Interpretation
Self-executing provision – a rule that by itself is directly or indirectly applicable without need of statutory implementation
Non-self-executing provision – one that remains dormant unless it is activated by legislative implementation
Gen. Rule – Unless the contrary is clearly intended, the provisions of the constitution should be considered self-executing, as a contrary rule would give the legislature discretion to determine when, or whether, they shall be effective.
Article II – Mainly not-self-executory
Oposa vs. Factoran -While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that is less important than any of the civil and political rights enumerated in the latter. -Such a right belongs to a different category of
The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.
Essential Parts of the Written Constitution
Constitution of Liberty – consists of a series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights (Articles II, III, IV, V, and XII)
Constitution of Government – consists a series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate (Articles VI to XI)
Constitution of Sovereignty – consists of provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Article XVII)
Interpretation
Self-executing provision – a rule that by itself is directly or indirectly applicable without need of statutory implementation
Non-self-executing provision – one that remains dormant unless it is activated by legislative implementation
Gen. Rule – Unless the contrary is clearly intended, the provisions of the constitution should be considered self-executing, as a contrary rule would give the legislature discretion to determine when, or whether, they shall be effective.
Article II – Mainly not-self-executory
Oposa vs. Factoran -While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that is less important than any of the civil and political rights enumerated in the latter. -Such a right belongs to a different category of