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HOW IS THE CONSTITUTION DEFINED?

a.

According to Cooley

b. According to Malcolm

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COOLEY: that body of rules and maxims in accordance with which

the powers of sovereignty are habitually exercised.

MALCOLM: the written instrument enacted by direct action of the

people by which the fundamental powers of the government are

established, limited and defined, and by which those powers are

distributed among the several departments for their safe and useful

exercise for the benefit of the body politic.

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Supremacy of the Constitution

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The Constitution is the basic and paramount law to which all other

laws must conform and to which all persons, including the highest

officials of the land, must defer.

Expediency must not be allowed to sap its strength.

Right or wrong it must be upheld unless changed by the sovereign

people

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How are Constitutions classified?

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1. Written: one whose precepts are embodied in one document or set

of documents.

2. Unwritten: consists of rules which have not been integrated into a

single concrete form, but scattered from various souces.

3.

Evolved: (cumulative constitution) a result of political evolution.4. Enacted: (conventional constitution) formally struck off at a definite

time and place.

5. Rigid: one that can be amended only by a formal or usually difficult

process.

6. Flexible: can be changed by ordinary legislation.

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What are the essential qualitiesof the written constitution?

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BROADbecause it provides for the organization of the entire

government, people, territory and state, and embodies the past to

anticipate the future.

BRIEF because it must confine itself to basic principles to beimplemented with legislative details more adjustable to change and

easier to amend.

DEFINITE because it must be clear lest ambiguity in its provisions

result in confusion and divisiveness among people, even conflict.

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What are the essential parts of the Written Constitution?

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Three essential substantive parts:

1.

Constitution of Liberty

2.

Constitution of Government

3.

Constitution of Sovereignty

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What is constitution of liberty?

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Constitution of Liberty: prescriptions setting forth the fundamental

civil and political rights of the citizens and imposing limitations on the

powers of the government as a means of securing the enjoyment of

those rights.

Principally found in Art. III, II, IV, V, and XII.

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What is constitution of government?

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Constitution ofGovernment 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.

Found in Arts. VI to XI of the Constitution.

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What is constitution of sovereignty?

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Constitution of sovereigntyconsists of provisions pointing out the

mode or procedure in accordance with which formal changes in the

fundamental law may be brought about.

Found in Art. XVII of the Constitution.

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Permanence of the Constitution

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Permanence is its capacity to resist capricious or whimsical change

dictated not by passing fancies, temporary passions or occasional

infatuation of the people with ideas or personalities.

But the virtue of permanence may at the same time be a disadvantagewhere the written constitution is unable to adjust to the need for

change justified by new conditions and circumstances.

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How should the Constitution be interpreted?

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The constitution must change with the changing times lest it impede

the progress of the people with antiquated rules grown ineffective in a

modern age.

In case of doubt, the constitution should be considered self-executingrather than non-self-executing; mandatory rather than directory; and

prospective rather than retrospective.

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Amendment or Revision

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Amendment: isolated or piecemeal change.

Revision: revamp or rewriting of the whole instrument.

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Procedure in amending or revising the Constitution

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1.

Proposalmade either directly by congress or by a constitutional

convention.

a. Amendmentdirect legislative action(3/4) of the members.

Avoids unnecessary expenditures.

b. Revisionconstitutional convention(2/3) of all the members of

congress.

c. InitiativeSection 2 of Article XVII

2. Ratification(above) shall be valid when ratified by a majority of the votes

cast in a plebiscite held not earlier than sixty days nor later than ninety days

after the approval of such change by the COMELEC.

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Judicial Review of Amendments

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The present doctrine allows the courts to inquire into whetheror not

the prescribed procedure for amendment has been observed.

Tanada vs. Cuenco

Sanidad vs. COMELEC