Conventional or Enacted
Conventional or Enacted
The 1987 phil cons - Every word in the Preamble is meaningful. It encourages love and passion for
our country, the Philippines. It shows significant messages about our deep roles and responsibilities to
every Filipino and the society. As a free nation, we must act and spend our liberty with responsibility
focusing on love of country, peace and unity.
Nature- Nature of Constitution can define as the relationship of the government and its people. Each
state have their own version of Preamble and Articles which makes their constitution unique. It’s not
acceptable to a state to exist without a constitution defining the relationship of the people who
govern the state and people who completed the state itself.
Purposes - Purpose of the Constitution dictate permanent framework of the government to form a
more perfect union to establish justice and ensure peace of the nation, constitution provide principles
how the government can run itself , following the rules and laws written in the constitution of each
state keeps them balanced and effective government to the state and people.
Constitution Law - is the field of law which deals on the one hand with the constitution and its
fudamental rights and the organisation and the principles of a state and its organs. On the other hand
constitutional law deals with laws related to the constitution, for example the terms and conditions of
a parliament.
""Saligang" is the correct translation. However, "konstitusyonal na batas" is an accepted term.
Ex: Ang kanyang panukalang batas ay naayon sa saligang batas.
Typology of Constitution-
1. Conventional or enacted- Conventional or Enacted Constitution One is enacted
by a constituent assembly or granted by a monarch of his subject
2. Cumulative of evolved—one 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)
3. Written Constitution —is a formal document defining the nature of
the constitutional settlement, the rules that govern the political system and
the rights of citizens and governments in a codified form.
4. Unwritten Constitution- a constitution not embodied in a single document but based
chiefly on custom and precedent as expressed in statutes and judicial decisions.
5. Rigid Constitution is a constitution which stands above the other laws of
the country, while flexible constitutions do not. ... In contrast, a flexible
constitution is one in which the legislature may amend
the constitution's content and principles through use of the ordinary
legislative process.
The written constitution is very clear and precise. It is free from doubts and
ambiguity.
It lays emphasis on rule of law.
It is indispensable to federalism. It properly distributes powers between the centre
and federal units - states or provinces.
It protects the fundamental rights of the individual, fundamental rights are very
essential for the liberty of the individual, and rights are part of a written constitution.
It will be unconstitutional to deprive individual of any of these rights.
It protects the interests of minorities.
As a written constitution is clear, the ruler (government) cannot exercise powers
arbitrarily.
DISADVANTAGES - A written constitution cannot easily cope with the changes taking
place in the course of time. With the passage of time changes take place in the
condition of a country. The constitution needs revision or modification to deal with
such changes, a written constitution, being rigid, is not easily amenable to necessary
modification or revision.
When a written constitution fails to cope with the march of time and consequent
changes in the condition of the country, the people, being angry, may revolt against
the government.
As it gives more importance to written laws, the importance of public opinion
decreases.
In a country with a written constitution, customs, traditions and conventions their
value.
A good written constitution must possess three characteristics: brief, broad, and
definite.
Brief: since its outlines the objectives of the state not on a limited scope but in a
measurable extent. It is a written instrument that should not contain many details in
form.
Broad: in its extent with the purpose of outlining the framework of the organization
of the state. A declaration of domains and functions of the government, and the
interrelationships between those in power and the governed, necessitates an
extensive or broad document.
Definite: The possible inclusion of vague or unclear words or phrases having two or
more possible meanings may cause conflict of interpretation.
Preamble - A preamble serves as an introduction to the constitution. It is used to
explain the system and the vision of the people. The preamble of the Philippines
Constitution states: . is a preliminary statement which explains in capsule form what
follows. It is an introduction to the main subject.
Purpose of preamble- The preamble sets the stage for the Constitution
(Archives.gov). It clearly communicates the intentions of the framers and the
purpose of the document. The preamble is an introduction to the highest law of the
land; it is not the law. It does not define government powers or individual rights.
Value pf preamble- The values expressed in the Preamble are expressed as
objectives of the Constitution. These are sovereignty, socialism, secularism,
democracy, republican character of Indian State, justice, liberty, equality, fraternity,
human dignity and the unity and integrity of the Nation.
Article1- PAMBANSANG TERITORYO The national territory comprises the Philippine
archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, ng Pilipinas, na
binubuo ng mga kalupaan, katubigan, at himpapawirin nito, kasama ang dagat
teritoryal, ang lalim ng dagat, ang kailaliman ng lupa, ang mga kalapagang insular, at
ang iba pang mga pook submarina nito. Ang mga karagatang nakapaligid,
nakapagitan at nag-uugnay sa mga pulo ng kapuluan, maging ano man ang lawak at
mga dimensyon ay nag-aanyong bahagi ng panloob na karagatan ng Pilipinas.