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CONSTITUTION

Etymology: Latin word constitutio which means fixed/ established.


In broad sense, refers to the body of rules and principles in accordance with which the
powers of sovereign is regularly exercised.
It is a written document by which the fundamental powers of government are
established, limited, and defined, and by which these powers are distributed among
several departments. (Justice miller)
The basic, fundamental law of a state which sets out how that state will be organized
and the powers and authorities of government between different political units and
citizens. (Duhaimes Law Dictionary)
Constitutions concern different levels of organizations, from sovereign states to
companies and unincorporated associations.
The foundation of the system of government of the Philippines is the constitution.
A Constitution is called the governing wheel of the state. For without it anarchy would
result in the administration of the state.
Nature and Purposes: Serves as the supreme or fundamental law. It is a law to which
all other laws must conform.
TYPOLOGY OF CONSTITUTION. Constitution may be classified as follows:
As to origin and history:
Conventional or enactedone which is enacted by a constituent assembly or
granted by a monarch to his subjects (e.g. Constitution of Japan)
Cumulative or evolvedone which is a product of a long period of development
originating in customs, traditions, judicial decisions etc, rather than from
deliberate and formal enactment. (e.g. English Constitution)
As to form:
Written Constitution one which has been given definite form at a particular
time, usually by a specially constituted authority called a constitutional
convention or constitutional commission.
Unwritten Constitutionone which is entirely a product of political evolution,
consisting largely of a mass of customs, usages, and judicial decisions.
As to manner of amending them:
Rigid or inelasticone regarded as a document of special sanctity, which cannot
be amended or altered except by some special machinery other than ordinary
legislative process.
Flexible or elasticone which possesses no higher legal authority than ordinary
laws and which may be altered in the same way as other laws.
The 1987 Philippine constitution is thus a conventional/enacted, written, and
rigid/inelastic constitution.
CONSTITUTIONAL LAW
A branch of public law which deals with constitution: their nature, formation,
amendment, and interpretation.
A law embodied in the constitution as well as the principles growing out of the
interpretation and application made by the courts, specifically the SC.

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