Political Law Principles and Philippine Constitution

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Questions and Answers

What is the definition of political law?

Political law is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.

What are the two main divisions of political law?

The two main divisions of political law are constitutional law and administrative law.

What is the purpose of a constitution?

The purpose of a constitution is to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.

What are the three main types of constitutions based on their method of creation?

Rigid or flexible Signup and view all the answers

What is the difference between a rigid and a flexible constitution?

A rigid constitution can only be amended through a formal and usually difficult process, while a flexible constitution can be changed by ordinary legislation. Signup and view all the answers

What are the three essential parts of a good written constitution?

The three essential parts of a good written constitution are the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty. Signup and view all the answers

What are the three principles of constitutional construction mentioned in the text?

The three principles of constitutional construction are verba lexis, ratio legis et anima, and ut magis valeat quam pereat. Signup and view all the answers

What is a self-executing provision of the constitution?

A self-executing provision of the constitution is one that lays down a complete rule and becomes operative without the need for enabling legislation. Signup and view all the answers

Section 26, Article II of the Philippine Constitution bestows a judicially enforceable right.

False Signup and view all the answers

What was the first republican constitution in Asia?

The first republican constitution in Asia was the Malolos Constitution. Signup and view all the answers

What was the purpose of the Philippine Bill of 1902, the Jones Law of 1916, and the Tydings-McDuffie Law of 1934?

These were organic laws that provided for the governance of the Philippines under the American regime, gradually moving towards independence. Signup and view all the answers

What major changes did the 1935 Constitution bring to the Philippine government?

The 1935 Constitution established the Commonwealth of the Philippines, paving the way for eventual independence. Signup and view all the answers

What is the main difference between a presidential and a parliamentary government?

In a presidential government, there is a separation of executive and legislative powers, while in a parliamentary government, there is a fusion of these powers with a Prime Minister accountable to Parliament. Signup and view all the answers

Study Notes

Political Law: General Principles

Political law governs the organization and operation of governmental bodies and the state's relationship with its citizens.
Key divisions include Constitutional Law, Administrative Law, Local Government Law, Law of Public Officers, and Election Law.
Study sources include the 1987 Constitution, previous constitutions (1973, 1935), related laws, statutes, executive orders, decrees, and court decisions, plus the US Constitution.

Philippine Constitution: Nature and Purpose

Constitution: A set of rules that govern how the state wields its powers, limiting and distributing them among different branches.
Purpose: Establishing the government's structure, assigning power/duties to the branches, and outlining fundamental principles.
Classification:
- Written/Unwritten: Based on whether the principles are in one document or scattered.
- Enacted/Evolved: Whether it's a formal creation or a series of adjustments.
- Rigid/Flexible: Based on the difficulty of amendment.
Qualities of a good constitution:
- Breadth: Comprehensive coverage addressing all aspects of governance.
- Brevity: Short yet containing essential principles.
- Definiteness: Clear and unambiguous language to avoid confusion.
Essential parts:
- Constitution of Liberty: Defines citizen rights and limits government power.
- Constitution of Government: Organizes the government, enumerates its powers, and details its administration.
- Constitution of Sovereignty: Outlines methods for formally altering the fundamental law.
Interpretation principles:
- Ordinary meaning (verba legis): Words are given their common meanings unless technical terms are employed.
- Intent of framers (ratio legis et anima): Interpreting ambiguous words according to the framers' intentions.
- Holistic view (ut magis valeat quam pereat): Interpreting the Constitution as a unified whole, avoiding contradictions.

Brief Constitutional History

Various constitutions have shaped the Philippines, from the Malolos Constitution to the 1987 constitution.
The American regime saw several organic acts (Philippine Bill, Jones Law, Tydings-McDuffie Act).
The 1935 Constitution led to the establishment of the Philippine Commonwealth and later, full independence.
The subsequent Japanese occupation and the 1973 Constitution, were also significant periods with amendments and challenges to their validity.
The transition to the 1987 Constitution occurred during a period of political change.

Amendment and Judicial Review

Amendment: Process of revising the constitution:
- By Congress, a Constitutional Convention, or through a People's Initiative.
- Processes vary depending on the method of proposal.
Judicial Review: The courts' power to assess the constitutionality of governmental actions. This is NOT a declaration of the court's superiority to the other branches.
Requisites for judicial review:
- Actual case/controversy: A real dispute with adverse legal interests.
- Proper party: Demonstrating standing or locus standi, by direct injury or public interest.
- Constitutional question essential to the case: Avoiding unnecessary constitutional rulings.
- Raised at the earliest opportunity.
Effects of declared unconstitutionality. Different schools of thought exist, orthodox and modern views.
Partial unconstitutionality: Conditions for invalidation of portions of laws.

Philippines as a State

Definition: A community of people inhabiting a defined territory, independent of external control, possessing a government.
Elements:
- People: Inhabitants, citizens, electors, and who satisfy the requirement of self-sufficiency and defense.
- Territory: Includes land, water, and airspace, often involving complex international legal principles.
- Government: The agency formulating, expressing, and implementing the state's will, with various classifications (e.g., forms of government).
- Sovereignty: The supreme and uncontrollable power of the State to govern, characterized by permanence, exclusiveness, comprehensiveness, absoluteness, indivisibility, inalienability, imprescriptibility.

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Description

Explore the fundamental principles of Political Law and the intricacies of the Philippine Constitution. This quiz covers key divisions of political law, its sources, and the Constitution's nature, purpose, and classification. Test your understanding of how laws govern state power and relationships with citizens.