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I The Philippine Constitution

The document discusses the nature and classification of constitutions. It defines a constitution as the set of rules that establish the fundamental powers of government and distribute them among departments. Constitutions prescribe the permanent framework of government. Constitutions can be written or unwritten. A written constitution embodies rules in a single document, while an unwritten constitution scatters rules across various sources. Constitutions can also be enacted/conventional or evolved/cumulative, and rigid or flexible in how easily they can be amended. A good written constitution is broad in scope, sufficiently flexible to adapt to changing needs, and contains only enduring fundamental principles.

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63 views2 pages

I The Philippine Constitution

The document discusses the nature and classification of constitutions. It defines a constitution as the set of rules that establish the fundamental powers of government and distribute them among departments. Constitutions prescribe the permanent framework of government. Constitutions can be written or unwritten. A written constitution embodies rules in a single document, while an unwritten constitution scatters rules across various sources. Constitutions can also be enacted/conventional or evolved/cumulative, and rigid or flexible in how easily they can be amended. A good written constitution is broad in scope, sufficiently flexible to adapt to changing needs, and contains only enduring fundamental principles.

Uploaded by

barry_john06
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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I THE PHILIPPINE CONSTITUTION

Nature of the Constitution.

1 Constitution defined. That body of rules and maxims in accordance with


which the powers of sovereignty are habitually exercised [Cooley, Constitutional
Limitations, p. 4]. With particular reference to the Constitution of the Philippines:
That 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 [Malcolm, Philippine
Constitutional Law, p. 6].
2 Purpose. To prescribe the permanent framework of a system of government, to
assign to the several departments their respective powers and duties, and to
establish certain first principles on which the government is founded [11 Am. Jur.
606].
3

Classification:

a Written or unwritten. Awritten constitution is one whose precepts are embodied in


one document or set of documents; while an unwritten constitution consists of
rules which have not been integrated into a single, concrete form but are
scattered in various sources, such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions, and certain
common law principles [Cruz, Constitutional Law, pp. 4-5].
b Enacted (Conventional) or Evolved (Cumulative^. A conventional constitution is
enacted, formally struck off at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler; while a cumulative
constitution is the result of political evolution, not inaugurated at any specific time
but changing by accretion rather than by any systematic method [Cruz, ibid., p.
5].
c Rigid or Flexible. A rigid Constitution is one that can be amended only by a formal
and usually difficult process; while a flexible Constitution is one that can be
changed by ordinary legislation [Cruz, ibid., p. 5].
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Qualities of a good written Constitution:

a Broad. Not just because it provides for the organization of the entire government
and covers all persons and things within the territory o

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