Constitutional Law Overview
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Questions and Answers

What does the term 'constitution' primarily refer to in a governance context?

  • An established religious doctrine
  • A collection of historical documents
  • A system of laws and principles governing an entity (correct)
  • A set of customs and traditions
  • From which Latin word is 'constitution' derived, and what does it mean?

  • Statutum, meaning 'to codify'
  • Constituere, meaning 'to build'
  • Constituere, meaning 'to set up' (correct)
  • Constitutus, meaning 'to rule'
  • What is one of the meanings of 'constitution' outside of a legal framework?

  • The physical health of an individual (correct)
  • An economic policy document
  • A cultural norm or tradition
  • A historical charter
  • Which of the following is an implication of the term 'statute' as it relates to 'constitution'?

    <p>It signifies a law or regulation established through a formal process</p> Signup and view all the answers

    What aspect is essential for a good written constitution?

    <p>Flexibility to adapt to change</p> Signup and view all the answers

    What form of government was established during the 1st Republic of the Philippines?

    <p>Republican</p> Signup and view all the answers

    Which constitution was associated with the Commonwealth period in the Philippines?

    <p>1935 constitution</p> Signup and view all the answers

    Who was the leader during the establishment of the 2nd Republic of the Philippines?

    <p>Jose P. Laurel</p> Signup and view all the answers

    Which constitution was in effect during the 3rd Republic?

    <p>1935 constitution</p> Signup and view all the answers

    What political system was introduced under the leadership of Ferdinand Marcos in 1972?

    <p>Martial law regime</p> Signup and view all the answers

    What was the primary feature of the government during the 2nd Republic?

    <p>Japanese sponsored government</p> Signup and view all the answers

    Which of the following leaders was associated with the establishment of the 4th Republic of the Philippines?

    <p>Ferdinand Marcos</p> Signup and view all the answers

    Which of the following periods in Philippine government history is marked by a change in constitutions?

    <p>All of the above</p> Signup and view all the answers

    What is the primary purpose of the power of taxation as described?

    <p>To generate revenue for government functions.</p> Signup and view all the answers

    Which branch of government exercises the power of taxation?

    <p>The Legislature.</p> Signup and view all the answers

    What does police power allow the government to do according to the content?

    <p>Establish reasonable laws for public welfare.</p> Signup and view all the answers

    What legal maxim underlies police power?

    <p>Solus populi est suprema lex.</p> Signup and view all the answers

    Which article of the 1987 Constitution pertains to the Bill of Rights?

    <p>Article III</p> Signup and view all the answers

    What is the main characteristic of police power as described?

    <p>It can infringe upon individual rights for the common good.</p> Signup and view all the answers

    Which article of the 1987 Constitution discusses local government?

    <p>Article X</p> Signup and view all the answers

    What does eminent domain empower the state to do?

    <p>Acquire private property for public use with fair compensation.</p> Signup and view all the answers

    What was the purpose of the 1981 Amendment to the 1973 Constitution?

    <p>To submit proposed amendments for ratification or rejection</p> Signup and view all the answers

    What did the Freedom Constitution of 1986 primarily address?

    <p>Transitioning to a permanent constitution</p> Signup and view all the answers

    Which system of government was established under the 1987 Constitution?

    <p>Presidential government</p> Signup and view all the answers

    Who enacted the Freedom Constitution after the People Power revolution?

    <p>Corazon Aquino</p> Signup and view all the answers

    What was the timeframe of the 1973 Constitution's validity?

    <p>1973 to 1986</p> Signup and view all the answers

    Which group was responsible for drafting the 1987 Constitution?

    <p>The Constitutional Commission</p> Signup and view all the answers

    What notable feature characterized the members of the Constitutional Commission that drafted the 1987 Constitution?

    <p>They came from varied backgrounds</p> Signup and view all the answers

    What is the significance of the 1981 Amendment known as Batas Pambansa Blg. 122?

    <p>It provided funds for constitutional amendments</p> Signup and view all the answers

    What does police power encompass in relation to public safety?

    <p>Implementing travel bans and quarantine measures</p> Signup and view all the answers

    What is one primary requirement for the government to exercise eminent domain?

    <p>The taking must serve a necessity of public character</p> Signup and view all the answers

    Which of the following actions would most likely fall under the use of police power?

    <p>Issuing gun bans during elections</p> Signup and view all the answers

    Which statement about eminent domain is correct?

    <p>Private property must be taken for public use with due compensation.</p> Signup and view all the answers

    How can the exercise of police power be justified?

    <p>By declaring it necessary for the common good</p> Signup and view all the answers

    What is a fundamental characteristic of police power laws?

    <p>They can be enforced without constitutional backing.</p> Signup and view all the answers

    Which document outlines the design of the Philippine flag?

    <p>General Provisions Section</p> Signup and view all the answers

    What must occur for a new name for the country to take effect?

    <p>It must be ratified by the people in a national referendum.</p> Signup and view all the answers

    What is required for the Congress to propose an amendment to the Constitution?

    <p>A vote of three-fourths of all its Members</p> Signup and view all the answers

    How can the people propose amendments to the Constitution?

    <p>By a petition of at least twelve percent of registered voters</p> Signup and view all the answers

    What limitation is placed on proposing amendments to the Constitution?

    <p>No amendment can be authorized within five years following ratification</p> Signup and view all the answers

    What majority is required for Congress to call a constitutional convention?

    <p>Two-thirds of all its Members</p> Signup and view all the answers

    Which entity does not have the authority to be sued without its consent?

    <p>The State</p> Signup and view all the answers

    What requirement must be met for the people’s petition to propose an amendment?

    <p>At least three percent from every legislative district must be represented</p> Signup and view all the answers

    What is the frequency limitation placed on proposing amendments after the initial five years?

    <p>Once every five years</p> Signup and view all the answers

    What is the minimum percentage of registered voters required to propose an amendment through an initiative?

    <p>Twelve percent</p> Signup and view all the answers

    Study Notes

    Constitutional Law

    • Refers to the body of rules and principles by which sovereign power is exercised
    • Established and limits government power
    • Distributed amongst departments or branches for effective exercise
    • Set of fundamental binding and hard to change legal political rules
    • Determines powers and duties of government
    • Guarantees rights of people in a state or group
    • A body of fundamental principles or established precedents according to which a state or organization is acknowledged to be governed

    Constitution

    • 14th-century English word meaning established law or custom
    • From Latin constituere meaning "to set up"
    • Combination of com- (with/together) and statuere (to set or place)
    • A system of laws used to govern a country, state, or organization
    • Refers to the health/condition of the body or structure of something

    Purpose of the Constitution

    • Creates a permanent framework or structure
    • Defines and limits the powers and duties of government branches
    • Highest law, supreme law to which all other laws conform and obedience is required
    • Guarantees individual rights against government violations or abuses

    Requisites of a Good Written Constitution

    • Brief: Not overly detailed
    • Broad: Outlines the governance framework
    • Definite: Clear and unambiguous provisions to avoid conflicting interpretations

    Parts of a Constitution

    • Constitution of Government: Structure and powers of branches
    • Constitution of Liberty: Individual rights and freedoms
    • Constitution of Sovereignty: The mode of amending or revising the constitution

    Development of Philippine Government (Periods, Leaders, Forms of Government, and Constitutions)

    • 1st Republic (1899-1901): Emilio Aguinaldo, Republican, Malolos Constitution
    • Commonwealth (1935-1943): Manuel L. Quezon, Presidential, 1935 Constitution
    • 2nd Republic (1943-1945): Jose P. Laurel, Japanese Sponsored Government, 1943 Constitution
    • 3rd Republic (1946-1972): Mar Roxas, 1935 Constitution, followed by Ferdinand Marcos (1972)
    • 4th Republic (1973-1986): Ferdinand E. Marcos, Parliamentary, 1973 Constitution
    • Revolutionary Government (1986-1987): Corazon Aquino, Presidential, 1973 Amendment (1981), Freedom Constitution (1986)
    • 5th Republic (1987-Present): Corazon Aquino to present, Presidential, 1987 Constitution

    1897 Philippine Constitution

    • Composed of 48 members appointed by Aquino
    • Included former representatives, Supreme Court justices, etc.
    • Ratified by a national plebiscite on February 2, 1987

    Inherent Powers of the State

    • Power of Taxation: State's inherent power to impose burdens to raise funds for operations
    • Police Power: State's power to enact laws for public health, safety, morals, general welfare.
    • Power of Eminent Domain: State's right to acquire private property for public use with just compensation

    Power of Eminent Domain

    • State's right to take private property for public use
    • Just compensation required
    • Due process of law must be followed

    General Provisions

    • Flag of the Philippines: Red, white, and blue with a sun and three stars
    • Congress can adopt a new name, national anthem, or seal

    Amendment or Revision

    • Proposed By: Congress (¾ vote) or Constitutional Convention or People's Initiative
    • Ratified by: National Plebiscite after specified time frame by majority vote

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    Description

    This quiz explores the fundamental principles of constitutional law, including the power distribution within government and the rights guaranteed to citizens. It provides insights into the historical context and purpose of constitutions as frameworks for governance. Test your knowledge on the vital role of constitutions in establishing legal authority.

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