Introduction to the Constitution PDF

HOW ARE YOU TODAY? I hope you & your family are in the best of health! Introduction to the Constitution PoS 101 (Philippine Politics & Governance with Philippine Constitution)  Lesson Learning Outcomes (LLOs) At the end of this lesson, the student is expected to:...

HOW ARE YOU TODAY? I hope you & your family are in the best of health! Introduction to the Constitution PoS 101 (Philippine Politics & Governance with Philippine Constitution)  Lesson Learning Outcomes (LLOs) At the end of this lesson, the student is expected to: 1. Define the following: Constitution, Statute, Constitutional Government; 2. Identify the Kinds of Constitution; 3. Differentiate a Constitution from a Statute; 4. Enumerate the influences to the Philippine Constitution; & 5. Classify the 1987 Constitution according to the type of government it provides, its amendatory process, form, and origin.  What is a Constitutional Government? It is one that has a fundamental law or a constitution that acts forth the organization, defines the extent and limits the powers of the political system and lays down the rights as well as the obligations of the people. Normally, in a state of constitutionalism, sovereignty resides in the people and all government authority emanates from them.  What is a Constitution? It is a written instrument by the which the fundamental powers of the government are established, limited and defined and by which those powers are distributed among several departments for their more safe and useful exercise for the benefit of the people. - Justice Miller of the U.S. Supreme Court  Kinds of Constitution 1. According to the type of government it provides, thus, it may be democratic, monarchical, presidential, or unitary. 2. According to the procedure of amending it 2.1 Flexible – if there is ease in amending or changing its parts or provisions therein. 2.2 Rigid – if changing any parts accounts for certain difficulties or there are certain requirements to meet before any change takes full effect. 3. According to form: 3.1 Written – if all of its provisions are contained in one single written instrument. 3.2 Unwritten – if all the parts and provisions are scattered in the acts of parliament, in court decisions, and in customs and practices of the people. 4. According to its origin: 4.1 Evolutionary or Cumulative – if it is a product of growth or of a long period of development. 4.2 Enacted or Conventional – if it is drafted by the deliberate acts of the representatives of the people in a convention or assembly. 4.3 Granted or Fiat – if it is being decreed to the people by the monarch or it is drafted by one government and handed over to another group of people.  Requisites of a Good Written Constitution A. As to form: 1. It must be broad – because it must outline an organization in the government for the whole state. A statement of the province and functions of government, and of the relation between the governing bodies and the governed, requires a comprehensive document. 2. It must be brief – because it is not the place in which the details of the organization should be set forth. It must not be marred by the inclusion of more legislation. It must contain only the general principles of the government. 3. It must be definite – means that it must not be vague, obscure or ambiguous for any vagueness may lead to opposing interpretation of essential features causing incalculable harm. Civil war and the disruption of the state may conceivably follow from ambiguous expression in a constitution.  B. As to its contents (Divisions of a Good Written Constitution) 1. The Preamble which contains its aims and purposes; 2. The provisions defining the organization, form and the distribution of the powers of government, sometimes known as the constitution of government; 3. The provisions outlining the amendatory process, referred as the constitution of sovereignty; 4. The provisions enumerating the civil and political rights of the people, grouped as the bill of rights, or called the constitution of liberties.  Basic Distinctions Between a Constitution and a Statute 1. A constitution deals with the general principles of government, while a statute provides for a specific subject in details; 2. A constitution meets the present and future conditions, whereas a statute generally applies only to present conditions; 3. A constitution is an act coming direct from the people as it does not take effect without their approval, a statute is formulated and approved by the representatives of the people. 4. A written constitution has a special procedure to amend or change it, while a statute may be changed through an ordinary legislative process; 5. A constitution defines the framework of government and determines the distribution of powers, while a statute provides for details to complete whatever is lacking in the outline of the system that the constitution provides.  The Sources of the Phil Constitution 1. Organic laws passed by the U.S. Congress a) Phil Bill of 1902 b) Jones Law of 1916 c) Tydings-McDuffie Law of 1934 2. Malolos Constitution 3. U.S. Constitution 4. Constitutions of European and other countries (Germany, Spain, Great Britain, Mexico, South American Countries) The Constitutions in the Philippines 1. Malolos Constitution 2. 1935 Constitution 3. 1973 Constitution 4. Freedom Constitution 5. 1987 Constitution  “The Constitution is only as good as the men who enforce it, and the men who obey it, but if the men entrusted with the enforcement of the Constitution are the first to violate it, to ignore it, and evade it; if the men who have taken public office, swearing on the Constitution, are the first to call it a scrap of paper to avoid its injunctions and disobey its mandates, then no Constitution can work.” - Claro M. Recto Father of the 1935 Constitution  EVALUATION: * Classify the 1987 Constitution according to the type of government it provides, its amendatory procedure, form, and origin. ASSIGNMENT: * Research on the salient differences between the three Philippine Constitutions (1935, 1973, & 1987) Thank you and stay safe…