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Questions and Answers
What is the primary focus of political law according to the Supreme Court?
What is the primary focus of political law according to the Supreme Court?
- The economic policies of the government
- The rights of individuals within the state
- The organization and operations of governmental organs (correct)
- The foreign relations of the state
Which of the following best describes the Constitution according to Alexander Hamilton?
Which of the following best describes the Constitution according to Alexander Hamilton?
- A law that safeguards individual rights (correct)
- A document outlining the form of government
- A collection of laws passed by the legislature
- A set of general principles governing the state
Which countries do not have a written constitution, according to the text?
Which countries do not have a written constitution, according to the text?
- The Philippines and the United Kingdom
- The Philippines and the United States
- The United Kingdom and Israel (correct)
- The United States and Israel
What is the primary role of the Constitution according to the text?
What is the primary role of the Constitution according to the text?
According to A.V. Dicey, what are the three essential elements of the rule of law?
According to A.V. Dicey, what are the three essential elements of the rule of law?
What is the significance of the study of the Constitution falling under political law?
What is the significance of the study of the Constitution falling under political law?
What is the main purpose of a constitution, according to the text?
What is the main purpose of a constitution, according to the text?
How do countries like the United Kingdom and Israel establish the rule of law if they do not have a written constitution?
How do countries like the United Kingdom and Israel establish the rule of law if they do not have a written constitution?
What is the primary difference between countries with a written constitution and those without, according to the text?
What is the primary difference between countries with a written constitution and those without, according to the text?
What is the significance of the Constitution being the basis of all laws in the Philippines, according to the text?
What is the significance of the Constitution being the basis of all laws in the Philippines, according to the text?
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Study Notes
Understanding the Constitution
- The Constitution is not primarily a lawyer's document, but rather a document for the average person to understand and be aware of.
- The Constitution must be interpreted in accordance with the intent of the framers, especially in cases of ambiguity.
Interpreting the Constitution
- Ratio legis est anima: In cases of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers.
- Ut magis valeat quam pereat: The Constitution should be interpreted as a whole, with all provisions considered together.
Characteristics of the Constitution
- Most provisions of the Constitution are self-executing, meaning they do not require additional laws to be enforced by Congress.
- Exceptions to this rule include statements of general principles, such as those in Article II, which provide guidelines for legislation.
Importance of Vigilance
- When updating the Constitution, it is essential to be vigilant and prevent unscrupulous entities from inserting self-serving provisions.
The Study of the Constitution
- The study of the Constitution falls under political law, which deals with the organization and operations of governmental organs and defines the relations of the State with its inhabitants.
- A constitution is a law for the government, safeguarding individual rights, set down in writing.
Key Concepts in Constitutional Law
- Constitutional Law relies on the Constitution as the basis of all laws of the land.
- Constitutions describe the form of government and the authority by which that government exercises its power over the state.
- Constitutions and their principles mandate the rule of law.
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