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Introduction To Constitution

The document provides an introduction to constitutions. It defines a constitution as the fundamental and organic law of a nation that establishes the principles upon which the government is founded. Constitutions can be conventional/enacted, cumulative/evolved, written, or unwritten. They generally include provisions on the structure of government, fundamental rights, and the process for amendment. A good constitution is brief, broad, and definite. A preamble introduces the main topics and outlines the origins and purposes of the constitution to aid interpretation. The document concludes with an overview of the different Philippine constitutions.

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Jerry De Leon Lpt
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84 views

Introduction To Constitution

The document provides an introduction to constitutions. It defines a constitution as the fundamental and organic law of a nation that establishes the principles upon which the government is founded. Constitutions can be conventional/enacted, cumulative/evolved, written, or unwritten. They generally include provisions on the structure of government, fundamental rights, and the process for amendment. A good constitution is brief, broad, and definite. A preamble introduces the main topics and outlines the origins and purposes of the constitution to aid interpretation. The document concludes with an overview of the different Philippine constitutions.

Uploaded by

Jerry De Leon Lpt
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 PPTX, PDF, TXT or read online on Scribd
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INTRODUCTION TO

CONSTITUTION
Learning Objectives:

• A. define constitution and its underlying


concepts;
• B. distinguish the different types of constitution;
• C. identify the purpose and value of
constitution; and
• D. manifest understanding about preamble.
WHAT IS A CONSTITUTION?
PURPOSE OF CONSTITUTION
PURPOSE OF CONSTITUTION
KINDS OF CONSTITUTION
A. According to Origin
1. Conventional or enacted

• the constitution is established by constituent


assembly (an elected body or group of people
whose purpose is to draft a constitution) like the
1987 Philippine Constitution. The constitution is
also conventional if it was given by the ruler to
his/her subordinates. An example of this is the
Constitution of Japan in 1889.
2. Cumulative or evolved

• the constitution is a product of growth or long


period of development originating in customs,
traditions, judicial decisions, among others
rather than from a deliberate and formal
enactment. An example of this is the English
Constitution.
B. According to Form
1. Written

• the constitution has definite written


format on a particular time, usually
drafted by an assembly. It is codified in a
single document or sets of legal
documents. The 1987 Philippine
Constitution may fall under this type.
2. Unwritten

• the constitution is not embodied on a single


document; it exists in an abstract sense,
consisting of customs and practices that have
evolved over a long period of time. The
cumulative nature of the English constitution
makes it an unwritten constitution.
C. According to the
Manner of Amendment
1. Rigid

• the constitution can be amended or revised


through a long and difficult process which involves
overcoming “constitutional obstacles” such as
approval of people and majority in the legislature.
This is the reason why the process of amending
the constitution under the administration of
President Duterte is grueling. There are many
safeguards and procedures to abide and follow.
2. Flexible

• the constitution can be changed through


ordinary legislative procedures. It can be
easily amended since there is no need to
follow any special process. While the
English constitution is a product of long
period of evolution, it can be easily
altered.
CHARACTERISTICS OF A
GOOD CONSTITUTION
A. As to form, a
constitution should be:
1. Brief

•outlines the structure of the


government of the whole state
and the rights of the citizens in
order to be understood by the
public.
2. Broad

•provides a comprehensive or
complete statement of the powers
and functions of the government, and
the relations between the governing
body and the governed. Meaning, it
should be all-inclusive.
3. Definite

•clearly states the contents. Any


vagueness which may lead to
opposing interpretation of
essential features may cause
incalculable harm.
B. As to contents, a constitution must
have at least three sets of
provision/parts:
1. Constitution of Government

•part of the constitution that


provides the framework of the
government and its powers.
2. Constitution of Liberty

•part of the constitution that sets


forth the fundamental rights of the
people and impose certain limitations
on the powers of the government as
a means of securing the enjoyment of
these rights.
3. Constitution of Sovereignty

•part of the constitution that


points out the mode or
procedure for amending or
revising the constitution.
WHAT IS A PREAMBLE?

• Preamble came from the word “preambulare” which


means “to walk before.”
• It is an introduction of the main subject. It is the
prologue of the constitution.
• Technically speaking, a preamble is not an essential part
of the constitution since it cannot be used alone as a
source of any right or of any governmental power.
• It is merely an introductory section. It is significant to
note, however, that a majority of the constitutions of the
world contain a preamble.
IF IT’S NOT ESSENTIAL, WHY BOTHER TO
HAVE A PREAMBLE?
Despite forming no integral part in the
constitution, the preamble is still present
in majority of the constitutions since it
has its practical purpose. It may include
the following:
1. Sets down origin and purposes of the
constitution

• the preamble provides the outline of, and the


spirit behind the constitution.
• It gives us an idea who the authors are and as
well as their intent for writing it.
• In addition, it states the general purposes
which are intended to be achieved by the
constitution and the government.
2. May serve as an aid in its interpretation

• the preamble provides an aid in determining the meaning


of vague or ambiguous content of the constitution.
• Some words or phrases within the constitution proper may
be subject to multiple interpretations. Such plurality of
ideas may cause incalculable harm to people.
• By knowing the intent of the framers of the constitution
through the preamble, the real meaning of the content can
be settled.
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES
CONSTITUTIONS OF THE PHILIPPINES

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