Political Science 1 AC Cayetano November 28, 2006 -----------------------------CONSTITUTIONAL LAW - is the law embodied in the Constitution and the

principles growing out of the interpretation and application made by the courts, especially the Supreme Court, being the court of last resort, of the provisions of the Constitution in specific cases. JUDICIAL REVIEW - is the power of the courts to determine the constitutional validity of the acts of the legislature, the executive and the other branches of government. CONSTITUTION - is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. ROLE OF CONSTITUTIONAL LAW The role of constitutional law is to effect an equilibrium between authority and liberty so that rights are exercised within the framework of the law and laws are enacted with due reference to rights. NATURE OF A CONSTITUTION
1. The Constitution is a Social Contract. - The Constitution is a covenant between the government and the people. When the people opted to establish a government designed to promote their welfare, they have surrendered some of their rights to the great organs of government created in the Constitution. 2. The Constitution is the Supreme Law. - the concept of the Constitution as the fundamental or supreme law, setting forth the criterion for the validity of any public act whether proceeding from the highest official or the lowest functionary, is a postulate of our system of government.

THE BASIC PURPOSES OF A CONSTITUTION 1. 2. 3. It prescribes the permanent structure of the system of government; It defines and allocates to the various organs of government their respective powers and duties; and It establishes basic principles upon which the government is founded.

ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION A good written constitution contains the following essential substantive parts:
1.

Constitution of Government - consists of a series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate. Constitution of Liberty - consists of a series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights.

2.

3.

Constitution of Sovereignty - consists of the provisions spelling out the authority of the people as the repository of sovereignty including the power of the people to amend or revise the Constitution and to ratify whatever revisions or amendments have been proposed thereto.

CLASSIFICATIONS OF A CONSTITUTION
1.

As to its origin and history:

a.

Enacted or Conventional - enacted by a constituent assembly or granted by a monarch to his subjects. Cumulative or Evolved - a product of growth or long period of development originating in customs, traditions, judicial decisions and others rather than from a deliberate and formal enactment.

b.

2.

As to its form:
a. b.

Written - one whose precepts are embodied in one document or set of documents. Unwritten - consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles.

3.

As to the manner of amending it:

a.

Rigid or Inelastic - one that can be amended only by a formal and usually difficult process. Flexible or Elastic - one that can be changed by ordinary legislation.

b.

CHARACTERISTICS OF A GOOD WRITTEN CONSTITUTION A good written constitution must be:

1.

Brief - insofar as it ought to outline only in a few provisions the structure of the government of the whole state and the rights of the citizens. Broad - insofar as it ought to be comprehensive enough to provide for every contingency for a constitution must state or ought to state not rules for the passing hours but principles of expanding future. Definite - insofar as it ought to prevent ambiguity in its provisions which could result in confusion and divisiveness among the people.

2.

3.