CONSTITUTION Flashcards
(34 cards)
It is defined as “the 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”
CONSTITUTION
Latin world which means “fixed”, “established” or “settled”
CONSTITUO
What are the four constitution?
Mother law
Power giver
Protector of rights
Established organizations
The four 1987 Constitution
Supreme law
Duty giver
Protector of rights
Established a new legal framework for the Philippines
What are the Three separation of powers (Presidential system)?
Legislative
Executive
Judiciary
What refers to the policy implementation?
Executive
What refers to the policy interpretation?
Judiciary
What refers to the policy making?
Legislative
What are the two unified branches during 1973 Constitution and Martial Law period?
Executive - Legislative
What are the two nature of a constitution?
(1) It serves as a supreme or fundamental law
(2) Establishes the basic framework and underlying principles of the government
The foundation of the system of government of the Philippines is the ____________.
Constitution
The Bill of Rights under what years of the Constitutions have been modified?
1935 and 1973
What are the included changes during the modification of the Bill of Rights?
Search warrants and warrants of arrest can be issues only by a judge.
The ________ has notes that the Bill of Rights “occupies a position of primacy in the fundamental law.”
Supreme Court
What are the difference between the 1987 Constitution and the 1973 Constitution?
1987 Constitution
SECTION 2: warrant arrest shall issue except upon probable cause to be determined personally BY THE JUDGE.
1973 Constitution
SECTION 3: warrant arrest shall issue except upon probable cause to be determined personally by the judge, OR SUCH OTHER RESPONSIBLE OFFICER AS MAY BE AUTHORIZED BY LAW.
Does the Constitution create basic rights?
No. It merely recognizes and protects there rights and does not only bring them into existence.
What are the classifications of Constitution?
1) As to origin or history
2) As to form
3) As to manner of amending them
What are under the classification of 1) As to origin and history?
a) Conventional or enacted
b) Cumulative of evolved
What are under the classification of 2) As to form?
a) Written constitution
b) Unwritten constitution
What are under the classification of 3) As to manner of amending them?
a) Rigid or inelastic
b) Flexible or elastic
It is enacted by a constituent assembly or granted by a monarch to his subjects (e.g. Constitution of Japan)
Conventional or enacted
It is a product of long period of development originating in customs, traditions, judicial decisions, etc, rather than from deliberate and formal enactment (e.g. English Constitution)
Cumulative of evolved
It is the one which has been given definite form at a particular time, usually by a specially constituted authority called a “constitutional convention” or “constitutional commission.”
Written Constitution
It is the one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial decisions.
Unwritten Constitution
