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If Power Is Exercised Beyond The Limits As Demarcated, The Government Breaches The Social Contract

This document discusses the key concepts of political law and constitutional law. It provides definitions and divisions of political law, including constitutional law, administrative law, law on public relations, election law, and law on public corporations. It then discusses constitutional law in more detail and compares it to political law. Some of the main topics covered include the nature and interpretation of constitutions, the social contract theory, functions and classifications of constitutions, essential qualities of written constitutions, parts of a constitution, and principles of constitutional interpretation.

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Rose Anne Caringal
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86 views3 pages

If Power Is Exercised Beyond The Limits As Demarcated, The Government Breaches The Social Contract

This document discusses the key concepts of political law and constitutional law. It provides definitions and divisions of political law, including constitutional law, administrative law, law on public relations, election law, and law on public corporations. It then discusses constitutional law in more detail and compares it to political law. Some of the main topics covered include the nature and interpretation of constitutions, the social contract theory, functions and classifications of constitutions, essential qualities of written constitutions, parts of a constitution, and principles of constitutional interpretation.

Uploaded by

Rose Anne Caringal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as XLSX, PDF, TXT or read online on Scribd
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Political Law

- branch of public law that deals with the organization and operations of the governmental
organs of the State
- defines the relations of the State with the inhabitants of its territory

Divisions of Political Law:


1. Constitutional Law
2. Administrative Law
3. Law on Public Relations
4. Election Law
5. Law on Public Corporations

Constitutional Law
- branch of the science of the law which treats of the nature of the constitutions,
their establishment, construction and interpretation and of the validity of legal enactments as
tested by the criterion of conformity to the fundamental law
- study of 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

Political Law VS. Constitutional Law


Political Law Constitutional Law

deals with: deals with:


1. Constitutional Law 1. Constitutional Law
2. Organic Law 2. Organic Law
3. Statute Law

Constitution
- social contract that binds, by its terms and conditions, the people and their government in a
civil society
- pertains to that body of rules and maxims in accordance with which the powers of sovereignty
are habitually exercised
- theoritical basis:
1. Social Compact or Social Contract Theory - the Constitution aside from being an
allocation of power is also a social contract whereby the people have surrendered
their sovereign powers to the State for the common good.
2. Thomas Hobbes - the people, weary of continuous internecine strife, entered in a
social contract whereby they set up a government and surrendered their natural
authority and liberty to the government in exchange for peace and order.
*** If power is exercised beyond the limits as demarcated, the government breaches
the social contract.

Functions of Constitution:
- prescribes the permanent framework of a system of government
- assigns to the several departments of government their responsibilites, powers, and duties
- establishes certain fixed principles on which government is founded
Classification of a Constitution:
1. Written, conventional or enacted
-when it is embodied in a document and adopted at a particular time.
2. Unwritted, cimulative or evolved
- if it is not adopted at a particular time but results from gradual development of
customs, usage, judicial decisions, laws, documents and statements of a fundamental
character.
3. Rigid
- if its prescribes a formal, often-difficult method of amendment
4. Flexible
- if amendment is done by the ordinary process of legislation

Essential Qualities of a Written Constitution:


1. Broad
2. Brief
3. Definite
4. Beyond the reach of temporary excitement or popular passion
5. Provides for safe growth and expansion
6. Resilient or intended to endure for ages

Parts of a Constitution:
1. Constitution of Liberty
- setting forth the fundamental civil and political rights of the citizens
- imposing certain limitations on the power of government as means of securing the
employment of these rights
2. Consitution of Government
- outlining the organization of the government
- enumerating its powers
- laying down certain rules relative to its administration
- defining the electorate
3. Constitution of Sovereignty
- pointing out the mode of procedure by which formal changes in the fundamental
law may be brought about.

Interpretation of the Constitution


- the words of the Constitution must be given their ordinary meaning
- only when there is doubt or ambiguity, like when technical terms are employed, should
construction and interpretation be resorted to
- In case of ambiguity, the words of the Constitution should be interpreted in accordance
with the intent of its framers.
- three cardinal rules:
1. verba legis
- the words used in the Constitution must be given their ordinary
meaning except when technical terms are employed.
2. ratio legis est anima
- should be interpreted in accordance with the intent of its framers
3. ut magis valeat quam pereat
- the Constitution should be construed as a whole
- No one provision of the Constitution is to be separated from all the others,
to be considered alone, but that all provisions bearing upon a particular
subject are to be brought in view and to be so interpreted as to effectuate
the great purposes of the instrument.

Liberal Construction

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