Cory Aquino

Government
A de facto government

During the oath taking

Defend the fundamental law not the
Constitution
Execute just laws instead of its laws

Characteristics of the
Government (Corys time)
REVOLUTIONARY- direct
action of the people/people
power
DE FACTO
HYBRID:
CONSTITUTIONAL
REVOLUTIONARY
GOVERNMENT- provisional
or interim constitution
(existed for a limited period)
DEMOCRATIC- based on the
approval and consent of the
governed
POWERS derived from the
people

The Concept of
Constitution

What is a Constitution?
Body of rules and principles in
accordance with which the powers of
sovereignty are regularly exercised

Constitution of the
Philippines
Written instrument by which
the fundamental powers of the
government are established,
limited and defined and by which
these powers are distributed
among departments or
branches

Nature and Purpose of the

Constitution
1. Supreme and Fundamental law
Speaks for the entire people; binding all individuals
Highest level in the hierarchy of laws
Test of legality of all governing actions

2. Basic framework and underlying principles of

government
Organic or basic law
Prescribe framework of the government
Prescribe powers and duties of department
and branches
Preserve and protect the rights of the
individuals
Set limits to the power of the government

Constitutional law
Nature, formation, amendment and
interpretation as well as application
(made by courts Supreme Court)

Kinds of Constitution
1. Origin and History
Conventional or enacted- by constituent
assembly or granted by a monarch (i.e. Consti
of Japan in 1889)
Cumulative or evolved- product of growth
(i.e. English Consti)

2. Forms
Written- usually by a constitutional
convention
Unwritten- product of political evolution;
based on customs

Remember: There is no
Constitution that is entirely
written or unwritten

Kinds of Constitution
3. Manner of Amending
Rigid or inelastic- cannot be altered
or amended except by some special
machinery

Flexible or elastic- may be altered

in the same way as other laws

+ versus -

Advantage of
a written
Constitution
Clearness and
definiteness
Cannot be easily
bent or twisted
More secure
More stable and
free

Disadvantage
of a written
Constitution

Difficulty of its
amendment

Requisites of a good
written Constitution
1. Form
Brief- if not it would never be
understood by the people
Broad- comprehensive; cover the
relations between the governing body
and the government
Definite- vagueness will lead to
opposing interpretations---civil war

Requisites of a good
written Constitution
2. Content
Constitution of the Governmentprovision focusing on the framework of the
government, its power and the electorate
Constitution of liberty- rights of the
people
Constitution of Sovereigntymode/procedure in amending or revising
the constitution

Constitution versus
Statute
Constitution
Legislation direct
from the people
States general
framework of the
law and the
government
Govern the future
Fundamental or
Supreme law

Statute
Legislation from the
peoples
representatives
Details of the subject
Intended to meet
existing conditions
Laws which must
conform to the
fundamental law

Authority to interpret the

Constitution
Private individual to govern his own action
Charged with official duty: legislative,
executive and especially judiciary
Judiciary (Supreme Court): interpretation of
laws

Constitutional question: President recognizing

the government of other countries

Why interpret the

Constitution? For what?