SEVEN BASIC PRINCIPLES OF THE CONSTITUTION Popular Sovereignty- the governments right to rule comes from the people

Limited Government- the government has only the powers that the Constitution gives to it Separation of Power-the Constitution divides the government into three branches: Congress-legislative branch makes laws President-executive branch carries out the laws Courts-judicial branch explains and interprets the laws Checks and Balances- each branch of government has the power to check or limit the actions of the other two Federalism-division of power between the federal government and the states. Republicanism- citizens elect representatives to carry out their will Individual rights-The Constitution protects individual rights such as freedom of speech, freedom religion etc

Branches of the Philippine Government: Separation of Powers

Published by Atty. Fred January 29th, 2008 in Elections and Constitutional Law.0 Comments

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The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notion and decided to delegate the

basic state authority to principally three branches of government the Executive, the Legislative, and the Judiciary each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances . The Executive Branch The executive branch is headed by the President, who is elected by a direct vote of the people. The term of office of the President, as well as the Vice-President, is six (6) years. As head of the Executive Department, the President is the Chief Executive. He represents the government as a whole and sees to it that all laws are enforced by the officials and employees of his department. He has control over the executive department, bureaus and offices. This means that he has the authority to assume directly the functions of the executive department, bureau and office or interfere with the discretion of its officials. Corollary to the power of control, the President also has the duty of supervising the enforcement of laws for the maintenance of general peace and public order. Thus, he is granted administrative power over bureaus and offices under his control to enable him to discharge his duties effectively. The President exercises general supervision over all local government units and is also the Commander-in-Chief of the Armed Forces of the Philippines. Under the existing Presidential form of government, the executive and legislative branches are entirely separate, subject only to the mechanisms of checks and balances. There

were attempts to amend the Constitution in order to shift to a parliamentary system, but these moves were struck down by the Supreme Court. The most recent petition that reached the Supreme Court isLambino vs. COMELEC. The Legislative Branch The legislative branch, which has the authority to make, alter or repeal laws (see also the definition of legislative power), is the Congress. Congress is vested with the tremendous power of the purse, traditionally recognized in the constitutional provision that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law. It comprehends both the power to generate money by taxation (the power to tax) and the power

to spend it (the power to appropriate). The power to appropriate carries with it the power to specify the amount that may be spent and the purpose for which it may be spent. Under a bicameral system, the Congress is composed of the Senate and the House of Representatives. The Senate is composed of twenty-four (24) Senators, who are elected at large by the qualified voters of the Philippines. The term of office of the Senators is six (6) years. The House of Representatives, on the other hand, is composed of not more than two hundred and fifty (250) members, unless otherwise fixed by law, who are elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area, and those who are elected through a party-list system of registered national, regional and sectoral parties or organizations. The term of office of members of the House of Representatives, also called Congressmen, is three (3) years. The Judiciary Judicial power is vested in the Supreme Court and in such lower courts as may be established by law. The judiciary has the moderating power to determine the proper allocation of powers between the branches of government. When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. In the words of Chief Justice Reynato S. Puno: The Judiciary may not have the power of the sword, may not have the power of the purse, but it has the power to interpret the Constitution, and the unerring lessons of history tell us that rightly wielded, that power can make a difference for good. While Congress has the power to define, prescribe and apportion thejurisdiction of the various courts, Congress cannot deprive the Supreme Court of its jurisdiction provided in the Constitution. No law shall also be passed reorganizing the judiciary when it undermines the security of tenure of its members. The Supreme Court also has administrative supervision over

all courts and the personnel thereof, having the power to discipline or dismiss judges of lower courts. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five or seven members. A member of the Supreme Court must be a natural-born citizen of the Philippines, at least forty (40) years of age and must have been for fifteen (15) years or more a judge of a lower court or engaged in the pratice of law in the Philippines. Justices hold office during good behavior until they reach the age of seventy (70) years or become incapacitated to discharge the duties of their office.

[edit]Checks and balances

To prevent one branch from becoming supreme, protect the "opulent minority" from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allow for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

Legislative (Congress) Passes bills; has broad taxing and

Executive (President) Has all the Executive

Judicial (Supreme Court) Determines which laws

spending power; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridden with a two-thirds vote of both houses) Has sole power to declare war. Oversees, investigates, and makes

Power Is the commander-in-

Congress intended to apply to any given case Exercises judicial

chief of the armed forces Preserves, protects

review, reviewing the constitutionality of laws Determines how

and defends the Constitution. Faithfully executes

Congress meant the law to apply to disputes Determines how a law

the laws of the Country. Executes the

the rules for the government and its officers. Defines by law the jurisdiction of

instructions of Congress. May veto bills passed

acts to determine the disposition of prisoners Determines how a law

the federal judiciary in cases not specified by the Constitution Ratification of treaties signed by

by Congress (but the veto may be overridden by a two-thirds majority of

acts to compel testimony and the production of

the President and givesadvice and consent to presidential appointments to thefederal judiciary, federal executive departments, and other posts (Senate only) Has sole power

both houses) Executes the

evidence Determines how laws

spending authorized by Congress. Executes the

should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.) Federal judges serve

instructions of Congress when it declares war or makes rules for the military. Declares states of of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes and misdemeanors

emergency and publishes regulations and executive orders. Makes executive

agreements (does not require ratification) and signs treaties (ratification requiring by two-thirds of the Senate) Makes appointments

for life

to the federal judiciary,federal executive departments, and other posts with the advice and consent of the Senate. Has power to make temporary appointment during the recess of the Senate Has the power to

Grant "Reprieves and Pardonsfo r Offenses against the United States, except in

Cases of Impeachment."

A good written constitution must have the following characteristics: 1.) Broad A constitution must be broad in its scope because it outlines the organization of the government for the whole state. A statement of provisions and functions of the government, and of the relations between the governing body and the governed, requires a comprehensive document. 2.) Brief A constitution must be brief because it is not the place in which the details of organization should be set forth. Some constitutions have been marred by the inclusion of pure regulation. 3.) Definite The constitution must be definite. In a statement of principles of underlying the essential nature of a state any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm. Civil war and the disruption of the state may conceivably follow from ambiguous expressions in a constitution.