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TM 28 Notes: What Is A Constitution Constitution

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27 views5 pages

TM 28 Notes: What Is A Constitution Constitution

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akianajihyosim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TM 28 NOTES issues, while the constitution deals with the big,

foundational rules.
WHAT IS A CONSTITUTION
A constitution is a set of rules and principles that - A written law passed by the legislative.
outline how a country's government operates. It
describes how the government's powers are used In short: Constitution = foundation for the whole
and divided among different branches (like the government; Statute = specific law made under
executive, legislative, and judicial) to make sure the constitution.
those powers are exercised for the good of the
people. TYPES OF CONSTITUTIONS

Specifically for the Philippines, the Constitution is 1. Written Constitution


a written document created by the people. It Definition: A written constitution is a formal,
defines the government’s basic powers, sets
structured document that outlines the rules
limits on those powers, and organizes them
across various branches to ensure they are used governing a country.
responsibly for the benefit of society.
Examples: The U.S. Constitution (1787), the
PURPOSE Philippine Constitution (1987), and the Indian
Constitution (1950).
The purpose of a constitution is to set up a lasting
structure for how a government works. It clearly Origin and History: The U.S. Constitution is one of
assigns specific powers and duties to different
the earliest and most influential written
branches of the government, and it establishes
the basic principles or rules on which the constitutions. It was drafted in 1787 after the
government is built. American Revolution, setting the stage for other
countries to adopt written constitutions.
The constitution’s job is to create a basic plan for
how the government should work. It tells each Form: A formal, structured document.
part of the government what powers they have
and what jobs they are responsible for, and it sets Amendments: Special procedures (e.g., U.S.
up the main rules the government must follow. Constitution needs a supermajority in Congress
and state ratification).
CONSTITUTION VS STATUTE
A constitution is a country's highest law that sets 2. Unwritten Constitution
up the basic structure of government, defines its
powers, and protects people's rights. It's like a Definition: An unwritten constitution is not
blueprint for how the government works. contained in a single document but is based on
traditions, legal precedents, and statutes.
- A set of laws that legally represent the
ideals of a state. They are the Examples: The United Kingdom. (PH) The
fundamental laws that govern how a President must be a member of political party.
state is run.
Origin and History: The British constitution is
A statute, on the other hand, is a specific law considered "unwritten" because it relies on laws,
passed by the legislature (like Congress). conventions, and judicial decisions built up over
Statutes deal with more detailed or specific
centuries, starting from the Magna Carta (1215) to
various Acts of Parliament.
Form: Based on customs, statutes, and judicial
precedents. Amendments: Changed by simple laws (e.g., UK
Parliament).
Amendments: Evolution through laws and
practices (e.g., UK’s constitution changes
through new legislation). 5. Unitary Constitution

Definition: In a unitary constitution, all legal and


3. Rigid Constitution political authority is centralized in the national
government.
Definition: A rigid constitution is difficult to amend
or change, often requiring a special procedure like Origin and History: This system is often found in
a supermajority or referendum. countries with a strong centralized tradition,
dating back to monarchies or centralized states
Examples: The U.S. Constitution, where
like France under Louis XIV.
amendments require a two-thirds vote in
Congress and ratification by three-quarters of the Form: Centralized authority.
states.
Amendments: Managed by the central
Origin and History: This type of constitution government (e.g., France).
ensures stability, as changes require broad
agreement. The U.S. Constitution is a prime
6. Federal Constitution
example of a rigid constitution, having only 27
amendments since 1787. Definition: A federal constitution divides powers
between a central government and regional
Form: Difficult to change; often a single governments (states or provinces).
document.
Examples: The U.S., Germany, and India.
Amendments: Requires special procedures (e.g.,
supermajorities or referendums). Origin and History: The federal system in the U.S.
was created after the Articles of Confederation
failed to provide a strong central government. It
4. Flexible Constitution
balances power between national and state
Definition: A flexible constitution can be governments.
amended or changed through ordinary legislative
Form: Divides power between central and
processes. regional governments.
Examples: The United Kingdom’s constitution can
Amendments: Requires approval from both
be altered through simple Acts of Parliament.
central and regional entities (e.g., U.S.).
Origin and History: Countries with flexible
constitutions tend to have evolving legal systems 7. Republican Constitution
that adjust to changes without the need for a
formal amendment process. Definition: In a republican constitution, the head
of state is elected, and the people hold the
Form: Can be easily amended through ordinary ultimate power.
legislative processes.
Examples: The Philippines, India, and the U.S. Amendments: Requires broad support from
representatives or public votes (e.g., France).
Origin and History: Republican constitutions
emerged from anti-monarchy movements, like 10. Authoritarian Constitution
the American Revolution, where people wanted
Definition: In an authoritarian constitution, power
elected leaders rather than hereditary ones.
is concentrated in the hands of a single ruler or a
Form: Head of state is elected. small group, with limited political freedom.

Amendments: Typically involve parliamentary or Examples: The former Soviet Union, China.
public approval (e.g., India).
Origin and History: These constitutions often
emerge after revolutions or coups, consolidating
8. Monarchical Constitution power in a centralized authority, such as after the
Bolshevik Revolution (1917) in Russia.
Definition: A monarchical constitution includes a
monarch (king or queen) as head of state, though Form: Concentrated power with limited
their powers may be limited by the constitution. freedoms.

Examples: The United Kingdom, Japan, and Spain. Amendments: Decreed by the ruling authority
with minimal input (e.g., former Soviet Union).
Origin and History: Many monarchies transitioned
into constitutional monarchies over time, like the
UK, where the monarch’s power became limited The Philippines has had several constitutions
by parliament and law. reflecting its political changes and struggles for
independence:
Form: Monarch with limited powers.
1. 1899 Malolos Constitution: The first
Amendments: May require approval from the republican constitution in Asia, created
monarchy and legislative bodies (e.g., Spain). after declaring independence from
Spain. It established a democratic
9. Democratic Constitution government but was short-lived due to
the Philippine-American War.
Definition: A democratic constitution is based on
the principles of democracy, where the people - Form: Written document.
have the power to elect their leaders and - Amendments: Not applicable (short-
influence government decisions. lived due to war).

Examples: The U.S., India, and France.


2. 1935 Constitution: Established during
Origin and History: Democratic constitutions the Commonwealth period under U.S.
often emerged after revolutions or movements rule. It created a presidential system and
demanding greater political participation, such as served as a transitional government
leading to full independence in 1946.
the French Revolution (1789).

Form: Based on democratic principles. - Form: Written document.


- Amendments: Required a constitutional
convention or national memorandum
(e.g., 1940 amendment)
3. 1943 Constitution: A constitution under -1943 Constitution: Japanese occupation, puppet
Japanese occupation during World War government.
II, creating a puppet government led by - 1973 Constitution: Martial law, Marcos era.
President José P. Laurel. It was never fully - 1986 Freedom Constitution: Transitional post-
recognized. Marcos government.
-1987 Constitution: Current democratic system,
- Form: Written document under Japanese post-People Power.
control.
- Amendments: Not applicable (ended Essential parts of a written constitution
with Japanese defeat) include:

4. 1973 Constitution: Drafted during 1. Preamble: Introduction stating the


Ferdinand Marcos’s martial law, shifting constitution's purpose and values.
the government to a parliamentary 2. Fundamental Rights: Guarantees individual
system but allowing Marcos to retain liberties and protections.
power. Amended multiple times during 3. Structure of Government: Defines branches
his rule. (executive, legislative, judicial) and their powers.
4. Amendment Procedures: Methods for changing
- Form: Written document with a the constitution.
parliamentary system. 5. Supremacy Clause: Establishes the
- Amendment: Required approval by a constitution as the highest law.
national plebiscite and legislative bodies 6. Transitional Provisions: Guidelines for the
(e.g., 1981 amendments) transition from old to new laws.

5. 1986 Freedom Constitution: A ARTICLE II


provisional constitution after the People
Power Revolution that ousted Marcos. It DECLARATION OF PRINCIPLES AND STATE
allowed President Corazon Aquino to POLICIES
reorganize the government and draft a
new permanent constitution. PRINCIPLES

6. 1987 Constitution: The current Section 1. The Philippines is a democratic and


democratic constitution, emphasizing republican State. Sovereignty resides in the
human rights, checks and balances, and people and all government authority emanates
decentralization. It restored the from them.
presidential system and introduced
safeguards against authoritarianism. Section 2. The Philippines renounces war as an
instrument of national policy, adopts the
- Form: Written document with a generally accepted principles of international law
presidential system. as part of the law of the land and adheres to the
- Amendments: Requires approval by policy of peace, equality, justice, freedom,
Congress and a national referendum. cooperation, and amity with all nations.

Summary: Section 3. Civilian authority is, at all times,


- 1899 Malolos Constitution: First republic, post- supreme over the military. The Armed Forces of
Spanish rule. the Philippines is the protector of the people and
-1935 Constitution: Commonwealth period, the State. Its goal is to secure the sovereignty of
transitional to independence. the State and the integrity of the national territory.
Section 4. The prime duty of the Government is to Section 4: Government’s Duty - The
serve and protect the people. The Government government’s main job is to serve and protect its
may call upon the people to defend the State and, citizens. Citizens may be called to help defend
in the fulfillment thereof, all citizens may be the country through various forms of service.
required, under conditions provided by law, to
render personal, military or civil service. Section 5: Peace and Order - Ensuring peace,
protecting people’s rights, and promoting general
Section 5. The maintenance of peace and order, well-being are crucial for a functioning
the protection of life, liberty, and property, and democracy.
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of Section 6: Church and State - There must be a
democracy. clear separation between religion and
government.
Section 6. The separation of Church and State
shall be inviolable. Section 7: Independent Foreign Policy - The
country will make its own decisions in foreign
STATE POLICIES relations based on national interests, sovereignty,
and territorial integrity.
Section 7. The State shall pursue an independent
foreign policy. In its relations with other states, Section 8: Nuclear-Free Policy - The Philippines
the paramount consideration shall be national aims to keep its territory free of nuclear weapons.
sovereignty, territorial integrity, national interest,
and the right to self-determination.

Section 8. The Philippines, consistent with the


national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

SIMPLE EXPLANATION OF THESE SECTIONS:

Section 1: Democracy and Sovereignty - The


Philippines is a democratic country where power
belongs to the people. All government authority
comes from the people.

Section 2: Peaceful Foreign Policy - The


Philippines rejects war as a way to resolve
disputes, follows international laws, and aims to
have peaceful, fair, and friendly relations with
other countries.

Section 3: Civilian Control - The military is under


civilian authority, meaning elected leaders are in
charge, and the military's job is to protect the
country and its borders.

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