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DEFINITIONS/ EXPLAIN: 1. It is a branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. 2. It is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. 3. The 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. 4. An isolated or piece-meal change of provisions in the constitution. 5. A process of rewriting the whole constitution. 6. A process of giving formal consent to validate a constitution. 7. A provision that does not need enabling legislation to become operative. 8. The power of the courts to inquire on the validity of an act; power of the courts to test the validity of executive and legislative acts in light of their conformity with the constitution. 9. One who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of. 10. It is a manner of challenging an act by proving that no matter what circumstances exist, the act is unconstitutional. 11. It is the power of the State to promote public welfare by regulating and restraining the exercise of liberty and property. 12. A measure that is within the scope of the police power; the subject that can be regulated to protect public welfare. 13. It is the acquisition of private property by the government, which could either be physical or implied.
Sources: Constitutional Law by Isagani Cruz, Outline/Reviewer in Political Law by Antonio Nachura, Blacks Law Dictionary (9th Edition), Constitutional Law II Memory Aid 2013
TRUE OR FALSE: 1. True 2. True 3. True 4. True 5. False - the Constitution has three purposes, one of which is to prescribe the permanent framework of a system of government. (11 Am. Jur. 606.) 6. True 7. True 8. True 9. True 10. True
Sources: Constitutional Law by Isagani Cruz, Outline/Reviewer in Political Law by Antonio Nachura, Blacks Law Dictionary (9th Edition), Constitutional Law II Memory Aid 2013
3. Requisites of Judicial Inquiry actual case or controversy proper party earliest possible opportunity necessity
4. Requisites of a Proper Party the party has suffered injury intact which can be legal, economic or environmental injury must be traceable to the governmental act challenged the injury myst be redressable by the remedy being sought by the petitioner 5. Limitations on the exercise of police power reasonable not arbitrary consistent with the Constitution
9. Requirements of procedural due process in judicial proceedings impartial court/tribunal jurisdiction hearing judgment
10. Cardinal principles required in administrative proceedings the right to a hearing, which includes the right to present ones case and submit evidence in support thereof. the tribunal must consider the evidence presented. the decision must have something to support itself. the evidence must be substantial. the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. the board or body should, in all controversial questions, render its decision in such a manner that the views of a subordinate in arriving at a decision.!
Sources: Constitutional Law by Isagani Cruz, Outline/Reviewer in Political Law by Antonio Nachura, Blacks Law Dictionary (9th Edition), Constitutional Law II Memory Aid 2013