CONSTITUTION
CONSTITUTION
Fundamental law of a nation or state.
It establishes the character and basic principles of the
government.
The system that runs the government – fundamental rules
and principles
RIGHTS
LIMITATION OF GOVERNMENT POWER
HIGHEST EXPRESSION OF THE LAW
CONSTITUTION
•The supreme law of the state
•It is the foundation and source of the
legal authority underlying the existence
of the state
•It provides the framework for the
organization of the State Government
CONSTITUTION
• A constitution is the basic design, which deals
with the structure and powers of the
government. It also includes rights and duties
of citizens.
• Sometimes it is found in an established body
of rules, maxims, traditions and practices in
accordance with which its government is
organized, and its powers are exercised.
Purpose of a CONSTITUTION
1. It prescribes the framework of a
system or the kind of government that
will exist in the state.
2. It creates the different departments
and specifies their respective
functions and duties
Purpose of a CONSTITUTION
3. It is the source of the sovereign powers of a
government by establishing the fixed, first or basic
principles on which the government is founded.
4. It promotes public welfare, which involves the
safety, prosperity, health and happiness of the people.
The constitution establishes the rights of the people that
the government is obliged to protect. It guarantees
freedom of speech, freedom of the press, and of
religion
Purpose of a CONSTITUTION
The constitution is written by a constitutional
convention, which is a body assembled for the
express purpose of framing or writing a constitution,
revising an existing one, or proposing amendments to
it.
The draft constitution or its amendments/revisions are
submitted to a plebiscite for ratification in which the
people will decide whether it is acceptable to become
a law of the land.
Classification of a CONSTITUTION
1. Written and unwritten.
A written constitution, is one in which is most of
its provisions are embodied in a single formal
written instrument. An unwritten constitution is one
which is entirely the product of political evolution,
consisting largely of a mass customs, usages and
judicial decision together with a smaller body of
statutory enactments of a fundamental character.
Classification of a CONSTITUTION
2. Cumulative or evolved and conventional or
enacted;
A constitution is cumulative or evolved when it has
its origin mainly in custom, common law principles;
decision of the courts. It is product of historical
evolution and growth rather than of deliberate and
formal enactment. Conventional or enacted has been
formulated usually constitutional assembly.
Classification of a CONSTITUTION
3. Rigid and flexible
A rigid constitution is one that can be
amended only by a formal and usually
difficult process. Flexible constitution is
one that can be altered by the same body
that makes ordinary laws of the state.
Classification of a CONSTITUTION
The 1987 CONSTITUTION
of the Philippines is
classified as written, enacted,
and rigid constitution.
Qualities of a good written CONSTITUTION
Broad in the sense that it outlines an organization of
the government for the whole state.
Brief because it requires only its great outline –
important details
Definite, since any vagueness may result to
opposing interpretation of the Constitutional
provision may cause incalculable harm and chaos to
the nation.
Parts of the Philippine CONSTITUTION
1. Constitution of Government. –
Framework of government and its power
2. Constitution of Liberty. – Fundamental
rights of the people
3. Constitution of Sovereignty. – Manner
of amending or revising the Constitution