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Is the fundamental law of a state. Is a sets of rules.

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Presentation on theme: "Is the fundamental law of a state. Is a sets of rules."— Presentation transcript:

1 Is the fundamental law of a state. Is a sets of rules.
CONSTITUTION Is the fundamental law of a state. Is a sets of rules.

2 Purpose of the constitution

3 Government regulates freedom to promote the general welfare of the people.

4 “POWER TENDS TO CORRUPT, ABSOLUTE POWER CORRUPTS ABSOLUTELY”
“POWER TENDS TO CORRUPT, ABSOLUTE POWER CORRUPTS ABSOLUTELY” -JOHN EMERICH DALBERG

5 CONSTITUTION serves as the protector of the people from government abuses.

6 The constitution regulates THE GOVERNMENT TO PROTECT THE PEOPLE:
By distributing powers to branches of government. By enumerating state policies and principles. By specifying individual rights and freedom.

7 Supremacy of the constitution

8 Intent of the framers of the constitution – it is a principle in statutory construction that if the constitution is not clear the court should consider the intentions of the constitutional framers in interpreting it.

9 Effects of declaration of unconstitutionality
Orthodox View or Non – Conferring Right Rule – under this rule, an unconstitutional act is not a law; it confers no rights, it imposes no duties, it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as if it had not been passed. Modern View or Operative Fact Doctrine – the court in passing upon the question of constitutionality does not annul or repeal the statute if it finds the statute in conflict with the constitution.

10 Kinds of constitution Conventional or Enacted Constitution – a constitution can be conventional or granted by the ruler to his subject. The Constitutions of the Philippines are all conventional or enacted. A Cumulative or evolved constitution – is one which is a product of long period of evolution and development originating from customs, traditions, judicial decisions, rather than from formal enactment.

11 A written Constitution – has a define written format on a particular time, usually drafted and written by a specially convened assembly called a Constitution Convention or constituent assembly. An unwritten Constitution – is entirely the product of political development. A rigid Constitution – can only be amended or revised through a difficult process. A flexible Constitution – is one which possesses no higher legal authority than ordinary laws and which maybe altered in the same ways as other laws and statutes.

12 Characters of good constitution
Broadness – a constitution must be broad in scope because it must outline an organization of government of the whole state. Constitution is supposed to embody the past, to reflect the present and to anticipate the future. Brevity – a Constitution must be brief because it is not the place in which details of organization should be set forth. Definiteness – a constitution must be definite.

13 Essential parts of constitution;
Constitution of Government – it is the portion of the Constitution that establishes the main branches of government, defines the powers of government, and assigns them to the said main branches. Constitution of Liberty – it is a potion of the Constitution which lays down the individual’s basic rights and freedoms, which are a protective shield against abuses of government. Constitution of Sovereignty – it is the portion of the Constitution which the process for the exercise of people’s sovereign power to approve, amend or revise the constitution.


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