life is wonderful

Topics: Separation of powers, Law, Government Pages: 7 (1463 words) Published: December 8, 2013
THE PHILIPPINE CONSTITUTION

CONSTITUTION DEFINED
The fundamental law of a state which organizes the government by distributing , regulating and limiting legislative, executive and judicial powers, guarantees individual rights and freedoms and prescribes the manner of the exercise of sovereign powers

State – a COMMUNITY OF PERSONS more or less numerous, permanently occupying a definite portion of TERRITORY possessing an organized GOVERNMENT and enjoying SOVEREIGNTY

Government – totality of authorities which rule a society by prescribing and carrying out the fundamental rules which regulate the freedom of its members. Legislative, executive and judiciary

NATURE OF THE CONSTITUTION
The charter creating the government
Speaks for the entire people from who it derives its claim to obedience Binding on all individual citizens and all organs of the government Law to which other laws must conform
The test of the legality of all governmental action

CONSTITUTION VS STATUTES
A constitution is a legislation direct 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 a 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 a statute is intended primarily to meet existing condition only. A constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform

PURPOSE OF THE CONSTITUTION

To prescribe the permanent framework of the system of the government

To preserve and protect the rights of individuals against the arbitrary actions of those in authority.

KINDS OF CONSTITUTION

As to origin and history
1. Conventional – enacted by the constituent assembly
2. Cumulative – a product of growth or long period of development originating in customs, traditions, judicial decisions rather than from a deliberate and formal enactment

As to the form
1. Written – which has been given definite written form at a particular time, usually by a specially constituted authority called constitutional convention 2. Unwritten – the product of political evolution consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character

As to manner of amending
1. Rigid or inelastic – cannot be amended or altered except by some special machinery 2. Flexible or Elastic – possess no higher legal authority than ordinary laws and which maybe altered in the same way as other laws

ESSENTIAL PARTS OF THE CONSTITUTION
1. Constitution of Government – establishes the main branches of the government, define their powers and assigns them to the said branch 2. Constitution of Liberty – lays down the individual’s basic rights and freedom which are a protective shield against the abuses of government 3. Constitution of Sovereignty – provides the process for the exercise of people’s sovereign power to approve, amend or revise the Constitution

TRANSITION, AMENDMENTS AND REVISIONS

THE GOVERNMENT IN PHIL. TRANSITION
Pre-Colonial Government
1. Monarchial Government – headed by a Datu who was the Chief Executive, Law-Giver, Chief Justice and Military Head Laws were promulgated by the datus and were consisted of customs and traditions which has been passed down from generation to generation. THE GOVERNMENT IN PHIL. TRANSITION

1. Spanish Period
Centralized Government
Union of the Church and the State
Legislation – Council of Indies to Council of Ministers to Ministry of Ultramar Representative in Spanish Cortes
Executive, Legislative and Judicial powers rested with the Governor-General Revolutionary Period
1. Katipunan Government
a. Supreme Council
b. Provincial Council
c. Popular Council
d. Judicial Council
2. Biak-na-Bato...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Zinn, Its a Wonderful Life and Fight Club Essay
  • Essay on Capra's values instilled in his movies: It's a Wonderful Life and Pocketful of Miracles
  • Value of Life through The Simpsons Essay
  • Essay about Life Without Limits
  • It's a Wonderful Life Essay
  • The Greatest Gift and It's a Wonderful Life Essay
  • It's a Wonderful Life Essay
  • It's a Wonderful Life Analysis Essay

Become a StudyMode Member

Sign Up - It's Free