Understanding the Philippine Constitution

Questions and Answers

What is the primary focus of political law according to the Supreme Court?

The organization and operations of governmental organs

Which of the following best describes the Constitution according to Alexander Hamilton?

A law that safeguards individual rights

Which countries do not have a written constitution, according to the text?

The United Kingdom and Israel

What is the primary role of the Constitution according to the text?

All of the above Signup and view all the answers

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

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

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

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

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

All of the above 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?

They rely on the common law and general principles of the law of the land Signup and view all the answers

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

Countries without a written constitution have more flexibility in their governance 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?

It means the Constitution is the supreme law of the land 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.