The document discusses key concepts in constitutional law such as sovereignty, political law, and the purpose of having a constitution. It explains that sovereignty resides in the people and a constitution is the supreme law of the land that protects fundamental rights and assigns governmental duties. The document also covers the difference between amending and revising a constitution.
The document discusses key concepts in constitutional law such as sovereignty, political law, and the purpose of having a constitution. It explains that sovereignty resides in the people and a constitution is the supreme law of the land that protects fundamental rights and assigns governmental duties. The document also covers the difference between amending and revising a constitution.
The document discusses key concepts in constitutional law such as sovereignty, political law, and the purpose of having a constitution. It explains that sovereignty resides in the people and a constitution is the supreme law of the land that protects fundamental rights and assigns governmental duties. The document also covers the difference between amending and revising a constitution.
The document discusses key concepts in constitutional law such as sovereignty, political law, and the purpose of having a constitution. It explains that sovereignty resides in the people and a constitution is the supreme law of the land that protects fundamental rights and assigns governmental duties. The document also covers the difference between amending and revising a constitution.
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Constitutional Law II Purpose of the Bill of Rights in the Constitution
To limit the exercise of such rights.
What is law? How can a Constitution take effect? A set of rules of conduct, established By the approval of the people through and enforced by government. ratification. The purpose is to regulate the conduct of people within the society so that all Take note: members of the society follow the same A good citizen means being concerned What is Sovereignty and involved on how the government operates since we are the sovereign The power to govern people and the government is our What is Political Law? representative.
That branch of public law which deals Why do we need Constitution
with the organization and operations of To assign governmental duties. the governmental organs of the state To protect and limit the fundamental and defines the relations of the state rights of the people. Hence, it only with the inhabitants of the territory. recognizes and protects the rights of the It is called a “public law” because it people. deals with the organization and It is the fundamental and supreme law operations of the governmental organs of land. of the state and defines the relations of the state with the inhabitants of the Doctrine of Constitutional Supremacy territory. Means that it is the highest and It consists of: supreme law of land. Hence all laws must conform to it, otherwise, it Constitutional Laws I & II violates the constitution. Administrative Law, Law on Public All other laws are inclusive and in Officers & Elections Laws accordance with the Constitutional Public International Law provisions. Why we study it? o Stems from the presumption that all laws are in accordance Because sovereignty resides in the with the constitution. And the people, hence we have to study and constitution is deemed written understand political law. Also, the in all laws. government authority emanates from o Refer to Manila vs. GSIS case. the people. Amendment and Revision What is a Constitution? A revision changes the substantial Body of rules and maxims in accordance aspect of the Constitution. with which the powers of sovereignty People’s Initiative cannot propose a are habitually exercised. revision. There is no fixed rule of determining if whether it is a revision or amendment. o Hence, must be examined from case to case basis. Question: Can we do ratification during elections? o Gonzales v. COMELEC (Page 26 of the book) Question: Can a piecemeal amendment on lowering the age for legibility of voter from 21 to 18 years old. o Tolentino v. COMELEC (Page 27 of the book)