Political Law Reviewer
Lecture Outline POLITICAL LAW REVIEW (Prof. Rex M. Alobba)
GENERAL CONSIDERATIONS I. Concept of Political Law That branch of public law which deals with the organization and operation of the governmental organs of the state and defines the relations of the State with the inhabitants of its territory. (People vs. Perfecto; Macariola vs. Asuncion) 1. Elements of the Definition
a. Public Law – also called public act or public statute: a law or statute of a general character that applies to the people of a whole state or nation (Dictionary of Law, James E. Clapp), e.g. constitutional law, criminal law and administrative law.
b. Deals with the organization and operation of government Constitutional provisions on the various departments including Articles VI (Legislative), VII (Executive), VIII (Judiciary), IX (Constitutional Commissions), X (Local Government) Laws on public administration including the Revised Administrative Code, Local Government Code, Law on Public Officers and Election Laws.
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c. Defines the Relationship between the State and the inhabitants The state in the exercise of police power, power of eminent domain and the power of taxation interferes with individual rights of its inhabitants. The guarantees under the constitution against state’s arbitrary use of inherent powers are found in the Bill of Rights of the 1987 Constitution (III) including the Due Process Clause, Equal Protection Clause and the Non-Impairment of Obligation Clause; Constitutional provisions defining the relationship of the state and its inhabitants are primarily found in Article III (Bill of Rights), IV (Citizenship), V (Suffrage) and to a certain extent in Article II (Declaration of Principles)
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II. Nature of Political Laws The nature of political law regulating the relationship between government and its inhabitants changes when there is a change in the sovereignty. 1. When there is a change in sovereign, political laws are automatically abrogated,
GENERAL CONSIDERATIONS I. Concept of Political Law That branch of public law which deals with the organization and operation of the governmental organs of the state and defines the relations of the State with the inhabitants of its territory. (People vs. Perfecto; Macariola vs. Asuncion) 1. Elements of the Definition
a. Public Law – also called public act or public statute: a law or statute of a general character that applies to the people of a whole state or nation (Dictionary of Law, James E. Clapp), e.g. constitutional law, criminal law and administrative law.
b. Deals with the organization and operation of government Constitutional provisions on the various departments including Articles VI (Legislative), VII (Executive), VIII (Judiciary), IX (Constitutional Commissions), X (Local Government) Laws on public administration including the Revised Administrative Code, Local Government Code, Law on Public Officers and Election Laws.
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c. Defines the Relationship between the State and the inhabitants The state in the exercise of police power, power of eminent domain and the power of taxation interferes with individual rights of its inhabitants. The guarantees under the constitution against state’s arbitrary use of inherent powers are found in the Bill of Rights of the 1987 Constitution (III) including the Due Process Clause, Equal Protection Clause and the Non-Impairment of Obligation Clause; Constitutional provisions defining the relationship of the state and its inhabitants are primarily found in Article III (Bill of Rights), IV (Citizenship), V (Suffrage) and to a certain extent in Article II (Declaration of Principles)
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II. Nature of Political Laws The nature of political law regulating the relationship between government and its inhabitants changes when there is a change in the sovereignty. 1. When there is a change in sovereign, political laws are automatically abrogated,