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Questions and Answers
What is the definition of political law?
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?
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?
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?
What are the three main types of constitutions based on their method of creation?
What is the difference between a rigid and a flexible constitution?
What is the difference between a rigid and a flexible constitution?
What are the three essential parts of a good written constitution?
What are the three essential parts of a good written constitution?
What are the three principles of constitutional construction mentioned in the text?
What are the three principles of constitutional construction mentioned in the text?
What is a self-executing provision of the constitution?
What is a self-executing provision of the constitution?
Section 26, Article II of the Philippine Constitution bestows a judicially enforceable right.
Section 26, Article II of the Philippine Constitution bestows a judicially enforceable right.
What was the first republican constitution in Asia?
What was the first republican constitution in Asia?
What was the purpose of the Philippine Bill of 1902, the Jones Law of 1916, and the Tydings-McDuffie Law of 1934?
What was the purpose of the Philippine Bill of 1902, the Jones Law of 1916, and the Tydings-McDuffie Law of 1934?
What major changes did the 1935 Constitution bring to the Philippine government?
What major changes did the 1935 Constitution bring to the Philippine government?
What is the main difference between a presidential and a parliamentary government?
What is the main difference between a presidential and a parliamentary government?
Flashcards
Political Law
Political Law
Branch of public law that deals with the organization and operation of the government, defining the relationship between the state and its inhabitants.
Constitutional Law
Constitutional Law
Study of the balance between the State's authority and individual liberty, safeguarding rights through the Bill of Rights.
Administrative Law
Administrative Law
Branch of public law that governs the organization, competence, and actions of administrative authorities who implement laws.
Constitution
Constitution
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Purpose of a Constitution
Purpose of a Constitution
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Written Constitution
Written Constitution
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Unwritten Constitution
Unwritten Constitution
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Enacted (Conventional) Constitution
Enacted (Conventional) Constitution
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Evolved (Cumulative) Constitution
Evolved (Cumulative) Constitution
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Rigid Constitution
Rigid Constitution
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Flexible Constitution
Flexible Constitution
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Broad Constitution
Broad Constitution
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Brief Constitution
Brief Constitution
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Definite Constitution
Definite Constitution
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Constitution of Liberty
Constitution of Liberty
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Constitution of Government
Constitution of Government
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Constitution of Sovereignty
Constitution of Sovereignty
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Verba Legis
Verba Legis
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Ratio Legis et Anima
Ratio Legis et Anima
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Ut Maais Valeat Quam Pereat
Ut Maais Valeat Quam Pereat
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Self-executing Provisions
Self-executing Provisions
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Non-Self-executing Provisions
Non-Self-executing Provisions
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Malolos Constitution (1898)
Malolos Constitution (1898)
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Treaty of Paris (1898)
Treaty of Paris (1898)
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Philippine Bill of 1902
Philippine Bill of 1902
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Jones Law (1916)
Jones Law (1916)
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Tydings-McDuffie Act (1934)
Tydings-McDuffie Act (1934)
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1935 Constitution
1935 Constitution
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1973 Constitution
1973 Constitution
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EDSA Revolution (1986)
EDSA Revolution (1986)
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Freedom Constitution (1986)
Freedom Constitution (1986)
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1987 Constitution
1987 Constitution
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Amendment
Amendment
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Revision
Revision
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Judicial Review
Judicial Review
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Actual Case or Controversy
Actual Case or Controversy
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Moot and Academic
Moot and Academic
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Legal Standing (Locus Standi)
Legal Standing (Locus Standi)
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Direct Injury Test
Direct Injury Test
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Taxpayer Suit
Taxpayer Suit
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Facial Challenge
Facial Challenge
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Overbreadth Doctrine
Overbreadth Doctrine
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Void-for-Vagueness Doctrine
Void-for-Vagueness Doctrine
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Doctrine of Parens Patriae
Doctrine of Parens Patriae
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De Jure Government
De Jure Government
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De Facto Government
De Facto Government
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Presidential Government
Presidential Government
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Parliamentary Government
Parliamentary Government
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Unitary Government
Unitary Government
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Federal Government
Federal Government
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Sovereignty
Sovereignty
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Internal Sovereignty
Internal Sovereignty
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External Sovereignty
External Sovereignty
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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.