. The 1987 Constitution. 2. Purpose a. Serves as the the supreme of fundamental law- a constitution is the charter creating the government. it has the status of a supreme orfundamental law as it speaks for the entire people whom it derives its claim to obedience. b. Establishes basic framework and underlying principles of government- the constitution is also reffered to as the organic and basic law being or relating to the law by the virtue of which the government exists as such. 3. 4. Types
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PHILIPPINE CONSTITUTION CONCEPT OF CONSTITUTION CONSTITUTION defined. A constitution is “that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.” Broadly speaking‚ every state has some kind of a constitution—a leading principle that prevails in the “administration of its government until it has become an understood part of its system‚ to which obedience is expected and habitually yielded.” (Cooley‚ 1868) In a restricted sense‚ the Constitution of the
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“The UK needs a written constitution” Consider the arguments for and against such a document At the moment‚ the British constitution is unwritten‚ although it may be less misleading to call it uncodified as various elements of the constitution are written down. The term uncodified means the constitution is not all kept in a single document‚ but is spread about in various pieces of legislature. It also means British laws‚ policies and codes are developed through statutes‚ common law‚ convention
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Here are some characteristics of U.S.A. Constitution. Check And Balance: it was hoped that making each branch accountable to different groups would cause a variety of interests to be reflected. checks and balances prevent official tyranny and even more important‚ to prevent a single segment of the population‚ majority or minority‚ from gaining complete control of the government. Sepreration Of Powers: The basic feature of the constitution of America is the distribution of national powers among
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A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up‚ i.e. constitute‚ what the entity is. When these principles are written down into a single document or set of legal documents‚ those documents may be said to embody a written constitution; if they are written down in a single comprehensive document‚ it is said to embody a codified constitution. Constitutions concern different levels
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The British constitution is described as unwritten because it is not embodied wholly or mainly in any single enactment. However 3 constitutional pillars have been able to compensate the absence of formal constitutionalism in the UK – they are * The doctrine of Supremacy of Parliament * The doctrine of Separation of Powers and * The concept of Rule of Law’’. Discuss. Indeed ‘constitution’ can be defined as a document having a special legal sanctity which sets out the framework
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UK constitution COMMON LAW Laws not passed by parliament (traditional laws) - Monarchy - 2012 Changed that it does not have to be the eldest son that takes the crown but eldest child regardless - Sovereignty - Royal Prerogative: the formal powers of the crown. - Traditional Rights and Freedoms: everything is permitted if it is not prohibited. STATUE OF LAW Laws passed by parliament that affect the political system • Made by Parliament. • Primary Legislation/Acts of Parliament.
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1987 PHILIPPINE CONSTITUTION General Considerations Scope of the Study Organization and operations of the governmental organs of the State and the relation of the State with the inhabitants of its territory. Necessity of Study Every citizen‚ regardless of calling‚ should understand the mechanics and motivations of his government. Sovereignty resides in the people and all government authority emanates from them. All educational institutions shall include the study of the Constitution as part of the
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The constitution Constitution - Set of rules to establish powers and functions of institutions of gvt – specifically exec‚ leg‚ judic – second function to define relationship between individual and state – extent of liberty – codified (USA where con becomes sovereign) and uncodified (UK with sovereignty elsewhere) – federal (UK) and unitary (USA) Codified constitution – often result of revolutionary change 1. Authoritative so constitutes “higher law” – has sovereignty and binds gvt institutions
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The United Kingdom has no binding constitution as it is unwritten‚ but the UK constitution is made up of rules which come from Acts of Parliament‚ judgements derived from cases and conventions. The rule of law is a legal principle that governs a nation rather than being governed by the arbitrary decisions of individual officials. A famous constitutional theorist Av Dicey defines that the rule of law states that we are all subject to the law‚ that nobody is above the law or exempt from the law.
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