Understanding the Philippine Constitution
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Understanding the Philippine Constitution

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Questions and Answers

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?

  • 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?

  • 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?

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

    According to A.V. Dicey, what are the three essential elements of the rule of law?

    <p>Supremacy of the Constitution, government limited by law, and equality before the law</p> Signup and view all the answers

    What is the significance of the study of the Constitution falling under political law?

    <p>It means the Constitution is focused on the organization and operations of the government</p> Signup and view all the answers

    What is the main purpose of a constitution, according to the text?

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

    How do countries like the United Kingdom and Israel establish the rule of law if they do not have a written constitution?

    <p>They rely on the common law and general principles of the law of the land</p> Signup and view all the answers

    What is the primary difference between countries with a written constitution and those without, according to the text?

    <p>Countries without a written constitution have more flexibility in their governance</p> Signup and view all the answers

    What is the significance of the Constitution being the basis of all laws in the Philippines, according to the text?

    <p>It means the Constitution is the supreme law of the land</p> Signup and view all the answers

    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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