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com/doc/11514735/Political-Law
POLITICAL LAW:
-That branch of public law which deals with the organization and operations of the governmental
organs of the State and defines the relations of the State with the inhabitants of its territory.

Scope/Divisions of Political Law:

1.Constitutional Law—the study of the maintenance of the proper balance between authority as
represented by the three inherent powers of the state and liberty as guaranteed by the Bill of Rights.
2.Administrative Law-- That branch of public law which fixes the organization, determines the
competence of administrative authorities who executes the law, and indicates to the individual
remedies for the violation of his right.
3.Law on Municipal Corporations
4.Law of Public Officers
5.Elections Law

constitution-it is the document w/c serves as the fundamental law of the state; that body of rules and
maxims in accordance w/ w/c the power of sovereignty are habitually exercised.
A constitution is a system for government—often codified as a written document—that establishes
the rules and principles of an autonomous political entity. In the case of countries, this term refers
specifically to a national constitution defining the fundamental political principles, and establishing the
structure, procedures, powers and duties, of a government. Most national constitutions also guarantee
certain rights to the people. The term constitution can be applied to any overall law that defines the
functioning of a government, including several historical constitutions that existed before the
development of modern national constitutions.
Constitutions concern different kinds of political organizations. They are found extensively in regional
government, at supranational (e.g., European Union), federal (e.g., United States Constitution), state or
provincial (e.g., Constitution of Maryland), and sub-national levels. They are also found in many
political groups, such as political parties, pressure groups, and trade unions.
Non-political entities such as corporations and voluntary associations, whether incorporated or not,
may also have a constitution. The constitution of a legally incorporated entity is more usually styled as
its memorandum and articles of association (U.S. incorporation).

PURPOSE OF THE CONSTITUTION

The purpose of the Constitution is to:
(a) enable the Council to provide clear leadership to the community in
promoting their environmental, economic and social well being, in
partnership with citizens, businesses and other organisations;
(b) support the active involvement of citizens in the process of local authority
decision-making;
(c) help councillors represent their constituents more effectively;
(d) enable decisions to be taken efficiently and effectively;
(e) create a powerful and effective means of holding decision-makers to
account;
(f) ensure that no-one will review or scrutinise a decision in which they were
directly involved;
(g) ensure that those responsible for decision-making are clearly identifiable
to local people and that they explain the reasons for decisions; and
(h) provide a means of improving the delivery of services to the community.
CLASSIFICATION OF CONSTITUTION:
To classify (by classification) is to separate things into categories. A constitution is (in legal terms) the
fundamental principles (laws, rules etc.) for a government or organization. So the classification of
constitution (in legal terms) would be to organize the various principles of a government or
organization into categories. It could also mean to organize various constitutions (as a whole) into
categories. For example governmental law could be organized into categories such as 'non-fatal
offenses against the person', 'law of contract' and so forth.
classification of constitution:
1.)written or unwritten
written- one whose precepts are embodied in one document or set of documents.
unwritten-consists of rules w/c have not been integrated into a single, concrete form but are scattered
in various sources.
2.)Enacted (conventional) or Evolved (Cumulative)
Enacted (conventional)--formally struck off at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler
Evolved (Cumulative)--the result of political evolution, not inaugurated at any specific time but
changing by accretion rather than by any systematic method
3.)Rigid or Flexible
Rigid-one that can be amended only by a formal and usually difficult process
Flexible--one that can be changed by ordinary legislation
....The Philippine Constitution is written, conventional and rigid. It is embodied in one document and
can be amended only by a formal and usually difficult process....

Essential Qualities of the Written Constitution:

1.Broad;
2.Brief; and
3.Definite.

Essential parts of a good written Constitution:

a.Constitutionof Liberty —sets forth the fundamental civil and political rights of the citizens and
imposes limitations on the powers of the government as a means of securing the enjoyment of those
rights. e.g. Bill of Rights
b.Constitutionof Government —outlines the organization of the government, enumerates its powers,
lays down certain rules relative to its administration and defines the electorate. e
g.
Legislative, Executive and Judicial Departments, Constitutional Commissions.
c.Constitutionof Sovereignty —the provisions pointing out the mode or procedure in accordance with
which formal changes in the fundamental law may be brought about. e.g. Art. XVII-Amendments or
Revisions

INTERPRETATION:

1.Verba Legis—whenever possible, the words used in the Constitution must be given their ordinary
meaning except where technical terms are employed.
2. When there is Ambiguity—ratio legis et anima--A doubtful provision shall be examined in the light of
the history of the times and the conditions and circumstances under which the Constitution was
framed. (Civil Liberties Union vs. Executive Secretary, 194 SCRA 317)
3.Ut magis valeat quam pereat—the Constitution has to be interpreted as a whole. (Francisco vs. HR,
G.R. No. 160261, November 10, 2003)

Amendment or revision
Amendment--piecemeal or isolated change in the Constitution. It is the generic term used to denote
change in the Constitution.
revision-- revamp or rewriting of the entire Constitution. It means overhauling of the government.

Judicial Review of Amendments.

-The question is now regarded as subject to judicial review because invariably, the issue will boil down
to whether or not the constitutional provisions had been followed.
(Sanidad vs. Comelec, 78 SCRA 333; Javellana vs. Exec. Secretary, 50 SCRA 50)

The 1987 Constitution

-expressly and unambiguously grants fiscal autonomy only to Judiciary, the constitutional commissions,
and the Office of Ombudsman. The Commission on Human Rights has no fiscal autonomy.
Under the 1987 Constitution,
-only a judge can issue a warrant; the offensive and much abused phrase "and other responsible
officer as may be authorized by law" in the 1973 Constitution has been removed.