life is wonderful

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

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

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

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


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.


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

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


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...
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