Questions and Answers
What is a type of Constitution that is a product of well-established norms, cultures, customs, or judicial decisions accepted by society for a long time?
Unwritten Constitution
How can a Flexible/Elastic Constitution be described in terms of amendment?
It can easily be altered like ordinary laws.
What is the mechanism required for amending a Rigid/Inelastic Constitution through People's Initiative?
Requires 12% votes from the national registered voters and 3% votes from every legislative district.
What does ConCon refer to in the context of changing the Constitution?
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What is one of the requisites of a good written Constitution?
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What was the background of the Malolos Constitution?
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Which constitution provided for a Unicameral National Assembly and a strong executive branch?
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During which period was the 1973 Constitution established?
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What form of government did the 1987 Constitution establish?
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What type of Constitution is characterized by having a written or printed form?
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Who was the President when the 1987 Constitution was enacted?
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Study Notes
Origins of the Philippine Constitution
- The Malolos Constitution (1899) was drafted during the First Philippine Republic under President Emilio Aguinaldo, modeled after the US Constitution, establishing a democratic and republican form of government.
Development of the Philippine Constitution
- The 1935 Constitution was enacted during the Commonwealth period under President Manuel Quezon, featuring a unicameral National Assembly and a strong executive branch, continuing democratic traditions and principles from the Malolos Constitution.
- The 1973 Constitution was established during the Martial Law period under President Ferdinand Marcos Sr., instituting a parliamentary system with a president as both head of state and government, allowing for a more centralized and authoritarian government.
- The 1987 Constitution was enacted after the People Power Revolution, revertimg to a presidential system, establishing a bicameral legislature, and including provisions for protecting human rights, aiming to prevent past regime abuses under President Corazon Aquino.
What is a Constitution?
- A constitution is the fundamental law of the land.
Types of Constitutions
- Written Constitution: a type of constitution with a written or printed form.
- Unwritten Constitution: a type of constitution based on well-established norms, cultures, customs, or judicial decisions accepted by society or community for over a hundred years.
Amending a Constitution
- Flexible/Elastic Constitution: can be easily altered like ordinary laws.
- Rigid/Inelastic Constitution: can only be altered through special mechanisms, such as:
- People's Initiative: requires 12% votes from national registered voters and 3% votes from every legislative district.
- Constituent Assembly (ConAs): a special group composed of members of the upper house and lower house designed to change the constitution.
- Constitutional Convention (ConCon): an elected group of individuals from different sectors assembled to change the constitution.
Requisites of a Good Written Constitution
- Brief: a good written constitution should be concise and not too detailed.
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