4.

SELF-EXECUTING PROVISIONSGeneral rule:

All provisions of the constitution are self-executing;

Exceptions:

Some constitutions are merely declarations of policies. Their provisions command the legislature to
enact laws and carry outthe purposes of the framers who merely establish an outline of government
providing for the different departments of thegovernmental machinery and securing certain
fundamental andinalienable rights of citizens.

Thus, a constitutional provision is self-executing if the nature and extent of the right conferred and
theliability imposed are fixed by the constitution itself.

Unless it is expressly provided that a legislative act isnecessary to enforce a constitutional mandate,
thepresumption now is that all provisions of constitutional are self executing.

Non- self-executing provisions would give thelegislature discretion to determine when, or

whether,they shall be effective, subordinated to the will of thelaw-making body.

In case of doubt, the provisions should be consideredself-executing; mandatory rather than directory;
andprospective rather than retroactive