CONSTITUTION IS DEFINED AS: “ T he body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the most important essential privileges of the subjects."
Part pointing out the mode or procedure for amending or revising the constitution. This groups of provisions is called the provisions on sovereignity W WHY DO WE NEED CONSITUTION? To state how your association is to be structured To detail the safeguards needed to ensure that it operates fairly on behalf of the whole community As a basic requirement to apply for funding
KINDS OF CONSTITUTION A Constitution may be classified into 2 according to Sir Henry Maine
KINDS OF CONSTITUTION Historical and Revolutionary Those constitutions which develop gradually according to the experiences, customs, and traditions of the people.
KINDS OF CONSTITUTION Those constitutions which are founded on speculative assumptions remote from the experiences of the people A Priori
Nature And purpose of a constitution
1) It serves as a supreme or fundamental law It is the charter that created a government It is binding all individual citizens and parts of the government together as one It is the ultimate law; the law other laws must abide by It is the test of legality by government officials
2) Establishes the basic framework and underlying principles of the government Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers and duties To establish certain basic principles by which the government is founded Designed to preserve and protect the rights of the citizens against the powers of the state
KINDS OF CONSTITUTION ACCORDING TO FORM
KINDS OF CONSTITUTION WRITTEN CONSTITUTION UNWRITTEN CONSITUTION
KINDS OF CONSTITUTION Written constitution A written constitution is a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form . A constitution is the supreme law of the land which must serve as the basis of the acts of all the different branches and officials in the government.
KINDS OF CONSTITUTION Unwritten Constitution An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. It consists of customs, conventions, traditions, and some written laws bearing different dates. It is unsystematic, indefinite and un-precise. Such a constitution is not the result of conscious and deliberate efforts of the people.
KINDS OF CONSTITUTION
KINDS OF CONSTITUTION Pros and cons of a written constitution Pro: It has the advantage of clearness, definiteness, and rigidness that the unwritten doesn’t have. It cannot be easily altered. Con: It is difficult to make changes. To change, it requires to go through “charter changing” which may take a while before any changes can be made.
KINDS OF CONSTITUTION ACCORDING TO MANNER OF AMENDMENT
KINDS CONVENTIONAL OR ENACTED RIGID
KINDS OF CONSTITUTION Convention or Enacted Constitution One is enacted by a constitution assembly or granted by monarch of his subject
KINDS OF CONSTITUTION Japanese Constitution
KINDS OF CONSTITUTION Rigid Constitution One regarded as a document of “special sanctity” which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. Whereas a flexible constitution is one which can be altered or amended in the same way to other laws
KINDS OF CONSTITUTION Constitution Of the United States of America
ESSENTIAL PARTS OF A CONSTITUTION
Part that deal with the framework of government and its powers that defies the electorate. This group of people is called the provisions on government
Part that sets forth the fundamental rights of the people and that imposes on certain limitations on the powers of this rights, these groups of provision on liberty
That part pointing out the mode or procedure for amending or revising the constitutions. The group of provisions is called the provisions on sovereignty
QUALITIES OF GOOD CONSTITUTION
Brief A constitution is said to be brief if the major and most important points are marked and minor ones deduced Broad A constitution has to endure, it must be comprehensive in scope and meaning in order to meet the needs of the changing times
Clear and definite To avoid conflicting interpretations, a constitution must have clear and definite statements; any vagueness can be disruptive to political stability, administrative, efficiency , and national unity
Constitution of the Philippines Officially known as the “ 1987 Constitution of the Philippines” Features: Reinstitution of a democratic government Seperation of church and state Sovereignity of the people Renunciation of war as a national policy Supremacy of civilian authority over the military Sepertation of powers
Parts of the Philippine constitution Preamble Describes the purpose of the document and government Articles Establish how the government is structured and how the Constitution can be changed. There are seven articles . Amendments Changes to the Constitution; the first ten are called the Bill of Rights.
Preamble A n introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law.
Preamble of the Philippine Constitution “We , the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution .”