Article II: Declaration of Principles and State Policies
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
Declaration of Principles and State Policies = statement of the basic ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution.
•Principles = binding rules which must be observed in the conduct of government (1-6)
Not all 6 principles are self-executory
•Policies = guidelines for the orientation of the state(7-28)
Some policies already anchor justiciable rights.
Kilosbayan v. Morato = read Sec 5,12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as aright-conferring provision because it speaks of “the right of the people”
PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
A state is a community of persons more or less numerous permanently occupying a definite portion of territory independent of external control and possessing an organized government to which a body of inhabitants render habitual obedience.
Four requirements for a government:
•People
•Territory
•Sovereignty
•Government
State = legal concept / Nation = ethnic concept
•Legal Sovereignty = the supreme power to make law. Lodged in the people
•Political Sovereignty = the sum total of all influences in a state, legal and non-legal, which determine the course of law.
•A republican state implies a representative government while a democratic state implies a direct democracy.
•Republican state = all government authority emanates from the people and is exercised by representatives chosen by the people
•We are not only representative or republican, we also share aspects of direct democracy such as INITATIVE ANDREFERENDUM
(Art VI, Sec. 32)
•Sovereignty is the power to make legal decisions.
Declaration of Principles and State Policies = statement of the basic ideological principles and policies that underlie the Constitution.
The provisions shed light on the meaning of the other provisions of the Constitution and they are a guide for all departments of the government in the implementation of the Constitution.
•Principles = binding rules which must be observed in the conduct of government (1-6)
Not all 6 principles are self-executory
•Policies = guidelines for the orientation of the state(7-28)
Some policies already anchor justiciable rights.
Kilosbayan v. Morato = read Sec 5,12, 14, and 17 as mere “guidelines” which do not yet confer rights enforceable by courts but recognized Section 16 as aright-conferring provision because it speaks of “the right of the people”
PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
A state is a community of persons more or less numerous permanently occupying a definite portion of territory independent of external control and possessing an organized government to which a body of inhabitants render habitual obedience.
Four requirements for a government:
•People
•Territory
•Sovereignty
•Government
State = legal concept / Nation = ethnic concept
•Legal Sovereignty = the supreme power to make law. Lodged in the people
•Political Sovereignty = the sum total of all influences in a state, legal and non-legal, which determine the course of law.
•A republican state implies a representative government while a democratic state implies a direct democracy.
•Republican state = all government authority emanates from the people and is exercised by representatives chosen by the people
•We are not only representative or republican, we also share aspects of direct democracy such as INITATIVE ANDREFERENDUM
(Art VI, Sec. 32)
•Sovereignty is the power to make legal decisions.