understanding the funadamental law Flashcards

(55 cards)

1
Q

a set of fundamental principles or established precedents according to which a state or other organization is governed.

A

constitution

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2
Q

constitutions concern different levels of organizations, from sovereign states ??

A

to companies and unincorporated associations.

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3
Q

which establishes an
international organization is also its constitution in that it would define how that organization is constituted.

A

treaty

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4
Q

defines the principles upon which the state is based, the procedure in
which laws are made and by whom.

A

constitution

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5
Q

principles are written down into a single collection or set of legal documents, those documents may be said to comprise a ???

A

written constitution

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6
Q

That written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by
which those powers are distributed among the several departments for their safe and
useful exercise for the benefit of the body politic

A

Constitution of the Philippines defined

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6
Q

also act as limiters of state power by establishing lines which a state’s
rulers cannot cross such as fundamental rights.

A

written constitution

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7
Q

The 1987 Philippine Constitution may be classified as

A

conventional or enacted,
written and rigid or inelastic.

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8
Q

constitution is defined and Classified according to:

A

(1) origin and history
2) form
(3) manner of amendment

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9
Q

origin and history

A

Conventional (Enacted) or Cumulative (evolved)

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10
Q

, formally struck off at a definite
time and place following a conscious or deliberate effort taken by a constituent body or ruler

A

conventional constitution

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11
Q

conventional constitution also known as?

A

enacted constitution

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12
Q

is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method

A

cumulative constitution

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13
Q

cumulative constitution also known as?

A

evolved constitution

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14
Q

form of constitution

A

Written or unwritten

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15
Q

is embodied in one document or set of documents

A

written constitution

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16
Q

consists of rules which have not been integrated into a single, concrete form but are scattered in various sources

A

unwritten constitution

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17
Q

manner of amendment

A

Rigid (Inelastic) or flexible(elastic)

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18
Q

is one that can be amended only by a formal and usually
difficult process

A

rigid (inelastic) constitution

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19
Q

can be changed by ordinary legislation

A

flexible (elastic) constitution

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20
Q

Qualities of a Good Written Constitution

A

Brief
Broad
Definite

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21
Q
  • It must focus on basic principles leaving details for the legislature to
    supply.
A

Brief

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22
Q
  • It must be comprehensive to provide for the organization of the entire government, cover all persons and things within the territory of the State. It
    must also cover any future contingencies.
23
Q
  • It must prevent any vagueness or ambiguity in its provisions which may cause incalculable harm.
24
Malolos Constitution was adopted by the
Revolutionary Congress
25
Malolos Constitution was held during ?
October and November 1898
26
This constitution provided for universal and direct elections, the separation of church and state, compulsory and free education, and equal legal status for the languages of all the Philippine nationalities.
Malolos Constitution
26
when was the Malolos Constitution took effect?
Jan. 21, 1899
27
ORGANIC ACTS
Philippine Bill of 1902 Jones Law Tydings-Mcduffie Act
28
created a bicameral legislature composed of the Philippine Assembly and the Philippine Commission
Philippine Bill of 1902
29
which authorized the establishment of the Commonwealth of the Philippines
Jones Law
30
Jones Law also known as the
Philippine Autonomy Act
31
authorized the drafting of a Constitution for the Philippines, the establishment of a Commonwealth Government and, after 10 years, independence.
Tydings-Mcduffie Act
32
Tydings-Mcduffie Act also known as
Philippine Independence Act
33
served as the fundamental law of the land from 1935 to 1972.
1935 Constitution of the Philippines
34
It establishes the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of Philippine independence, said commonwealth shall be known as the Republic of the Philippines.
1935 Constitution of the Philippines
35
Ferdinand Marcos issued Presidential Decree No. 1033 which proposed certain amendments to the
1973 Constitution.
36
she order the convening of a Constitutional Commission to draft a constitution that will replace the 1973 Constitution.
Pres. Corazon C. Aquino (Proclamation No. 9, issued on 23 April 1986)
37
Changes in the constitution can be classified as
amendment or revision
38
refers to a change that adds, reduces, deletes, without altering the basic principles involved.
Amendment
39
It affects only the specific provision being amended.
Amendment
40
implies change that alters a basic principle or substantial entirety of the Constitution.
Revision
41
It affects several provisions in the Constitution.
Revision
42
Essential Parts of a Good Written Constitution
1. Constitution of Government 2. Constitution of Liberty 3. Constitution of Sovereignty
43
provisions dealing with the framework of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate
Constitution of Government
44
prescriptions setting forth the fundamental rights of the people and limiting the powers of the government as a means of securing the enjoyment of these rights
Constitution of Liberty
45
series of provisions pointing out the mode or procedure for amending or revising the constitution
Constitution of Sovereignty
46
: Congress by a vote of ¾ of all its members
Constituent Assembly
47
: may be called into existence by 2/3 vote of all the members of Congress or, by the people in a plebiscite
Constitutional Convention
48
requires a petition of at least 12% of the total number of registered voters with each legislative district represented by at least 3% of the registered voters therein.
People’s Initiative
49
No amendment in this manner shall be authorized within five years following the ratification of the 1987 Philippine Constitution nor more often than once every five years thereafter.
Limitations:
50
: Proposed amendment shall become part of the Constitution if ratified by a majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections of the sufficiency of the petition for initiative under Section 2, Article XVII (Section 4, Article XVII)
Ratification
51
People initiative applies only to an?
amendment and not a revision of the Constitution.
52
generally presumes that all lands not otherwise clearly proven to be privately owned remain part of the public domain
Regalian Doctrine
53
, refers to a category of norms that govern customary international law
Jus cogens, or compelling law