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Consti 1 Reviewer and Notes by Joey Yusingco

Constitutional Law by Isagani Cruz 2007 edition Chapter 2

Constitution – the written instrument enacted by direct action of the people by

which the fundamental powers of the government are established, limited and

dened, and by which those powers are distributed among the several deparmentsfor their safe and useful eercise for the benet of the body politic!

"urposes

• "rescribe permanent framewor# of a system of government

• $ssign the several deparments their powers and duties,

• %stablish principles on which government is founded!

&upremacy – basic and paramount law to which all other laws must conform and all

o'cials must defer to

Classication of Constitutions

• (ritten – embodied in 1 set of documents

• )nwritten – rules which have not been integrated into 1 single concrete form

but are scattered through various sources

• Conventional – enacted constitution that is formally struc# o* at a denite

time and place

• Rigid – can only be amended by a formal and di'cult process

• +leible – can be changed by ordinary legislation

 he Constitution of the "- is written, conventional and rigid!

%ssential .ualities of the (ritten Constitution

• /road – supposed to embody the past, address the present and anticipate the

future

• /rief – conne itself to basic principles

• Clear or 0enite – to remove confusion and divisiveness!

%ssential "arts of the (ritten Constitution

• iberty – fundamental civil and political rights of the citi2ens and limiting the

power of the government

• 3overnment – organi2ation, powers, rules of administration, etc!

• &overeignty 4 provisions pointing out the mode or pocess in accordance with

which formal changes in the fundamental law may be brought about

"ermanence of the Constitution

• "ermanence – capacity to resist capricious or whimsical change

• $ constitution must be rm and immovable

• Not easily tampered with the cater to political motives

•

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5nterpretation

• &hould be read in accordance with the usual rules on interpretation and

construction

• 5t should be interpreted in such a way as to give e*ect to the intendment of

the framers

• 5n case of doubt, the constitution is a self4eecuting provision without need of 

statutory implementation!

• Non4self4eecuting provision is 1 that remains dormant unless it is activated

by legislative implementation

• Constitution is mandatory!

$mendment or Revision

• 6ere modication in its interpretation

• $mendment – isolated or piecemeal change only

• Revision – revamp or rewriting of the whole thing

"rocedure of Constitutional Change

1! "roposal is made by the congress or by a constitutional convention 7if change

is amendment – better to be made by legislative action – 8 of the Congress is

need to pass the amendment9! 5f overhaul – C:N C:N is better! o call con

con ;<= vote of congress is needed! here can be also people>s initiative for

amendments 71;? of voting population and =? representation of each

district9;! "osition of the C:N C:N @ government=! Ratication – plebiscite between AB – B days by the people

Additional Reference: Philippine Political Law by Cruz and Cruz Chapter

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