Constitutional Law: Article 2, Section 1, Declaration of Principles and State Policies Flashcards
State Article 2, Section 1.
Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.
What is the Title of Article 2?
Declaration of Principles and State Policies
In the 1935 Constitution, what was the title of Article 2?
Declaration of Principles
According to Vicente Sinco, what might Article 2 be called?
“the basic political creed of the nation”
According to Vicente Sinco, what is the purpose of Article 2?
It lays down the policies that the government is bound to observe.
When was the title of Article 2 first changed?
In the 1973 Constitution
Are the directives in Article 2 a source of rights?
YES.
Define PRINCIPLES.
Binding rules which must be observed in the conduct of government
Define POLICIES.
Guidelines for the orientation of the state
Are the principles in Article II intended to be self-executing, ready for enforcement through the courts?
NO.
What is the use of the “declaration of principles” in Article 2 for the judiciary?
The “declaration of principles” aids or guides the judiciary in the exercise of its power of judicial review, and by the legislature in the enactment of laws.
What can we learn from Kilosbayan vs. Morato?
That principles do not embody juidcially enforcable constitutional rights but guidelines for legislation.
How can we give effect to “principles?”
Legislative enactment is required.
How did Friedman, in the book The Changing Structure of International Law, define “state?”
The states are repositories of legitimated authority over peoples and territories.
According to the Montevideo Convention of 1933, Article 1, what are the “essential attributes” of a “state?”
PEOPLE / TERRITORY / SOVEREIGNTY / GOVERNMENT
A permanent population
A defined territory
Government
Capacity to enter into relations with other states
According to the Restatement of the Foreign Relations Law of the United States, what are the “essential attributes” of a “state?”
SOVEREIGNTY over its territory and general authority over its nationals
STATUS AS A LEGAL PERSON, with capacity to own, acquire and transfer property, to make contracts and enter into international agreements, to become a member of international organizations, and to pursue, and be subject to legal remedies
CAPACITY TO JOIN WITH OTHER STATES
According to Filipino writers, what are the “essential attributes” of a “state?”
A community of persons more or less numerous, permanently occupying a definite portion of territory
Independent of external control
Possessing organized government to which the great body of inhabitants render habitual obedience
Differentiate a “state” from a “nation.”
STATE is a legal concept
while
NATION is a racial or ethnic concept
Is the word “state” interchangeable with “nation?”
YES, at least for the purposes of the Constitution.
How did Esmein describe the “state?”
“the juridical personification of the nation”
Define “people.”
An element of a state
A community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law
No legal consequence if they possess diverse racial, cultural, or economic interests
To whom does the Preamble attribute the authorship of the Constitution?
To “the sovereign Filipino people”
In the second sentence of Article 2, Section 1, is is said that the sovereignty “resides in the people and all government authority emanates from them.” In this context, what is the word “people” referring to?
To the segment of the political society wherein legal sovereignty lies — the ELECTORATE
