understanding the funadamental law Flashcards
(55 cards)
a set of fundamental principles or established precedents according to which a state or other organization is governed.
constitution
constitutions concern different levels of organizations, from sovereign states ??
to companies and unincorporated associations.
which establishes an
international organization is also its constitution in that it would define how that organization is constituted.
treaty
defines the principles upon which the state is based, the procedure in
which laws are made and by whom.
constitution
principles are written down into a single collection or set of legal documents, those documents may be said to comprise a ???
written constitution
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
Constitution of the Philippines defined
also act as limiters of state power by establishing lines which a state’s
rulers cannot cross such as fundamental rights.
written constitution
The 1987 Philippine Constitution may be classified as
conventional or enacted,
written and rigid or inelastic.
constitution is defined and Classified according to:
(1) origin and history
2) form
(3) manner of amendment
origin and history
Conventional (Enacted) or Cumulative (evolved)
, formally struck off at a definite
time and place following a conscious or deliberate effort taken by a constituent body or ruler
conventional constitution
conventional constitution also known as?
enacted constitution
is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
cumulative constitution
cumulative constitution also known as?
evolved constitution
form of constitution
Written or unwritten
is embodied in one document or set of documents
written constitution
consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
unwritten constitution
manner of amendment
Rigid (Inelastic) or flexible(elastic)
is one that can be amended only by a formal and usually
difficult process
rigid (inelastic) constitution
can be changed by ordinary legislation
flexible (elastic) constitution
Qualities of a Good Written Constitution
Brief
Broad
Definite
- It must focus on basic principles leaving details for the legislature to
supply.
Brief
- 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.
Broad
- It must prevent any vagueness or ambiguity in its provisions which may cause incalculable harm.
Definite