Meaning of constitution

Chapter 4

Meaning of constitution

CONSTITUTION- set of rules principles and costumes that establishes the limits and distributes the fundamental powers of government and defines its relations with the citizens (bernas 1997).

          THE ROLES OF THE CONSTITUTION

·        An expression of natural ideals and unity

·        A symbol of Government’s Legitimacy

·        An outline of government structure

·        An instrument of political Stability

NATURE OF CONSTITUTION

1.   Binding on all citizens and all agencies or organs of the government. Everybody is expected to follow the spirit and letter of the constitution and uphold it all the time.

2.   The law which all other laws must conform to. Being the supreme law of the land all laws passed by congress and the decisions handed by the courts must be in accordance with the constitution.

3.   The test of legality of all government action. Any decisions or action of the government agencies or the people behind them including the president of the Philippines and the laws passed by congress must conform with the constitution so that those may become valid and legal.

KINDS OF CONSTITUTION

There are different kinds of constitution depending on how they are categorized.

1.   According to Form

Written- it is contained or codified in a single document.

Unwritten- it is a product of political evolutions customs and traditions that evolved from the passage of time.

2.   As to the origin

     Conventional or enacted- it is enacted formally and deliberately by a constituent assembly like the constitutional convention.

     Cumulative or evolved- it is a product of growth over a long period of time based on customs and tradition or judicial decisions rather than enacted formally by a constituent assembly.

As to manner of Amending

     Rigid or inelastic- the constitution cannot be amended or revised easily without passing through a process.

     Flexible or elastic- the constitution can be amended or revised just like ordinary laws by the same body that makes ordinary laws.

Advantages of a Written Constitution

1.   It is clear and definite because its provisions are deliberately written in a detail.

2.   It is stable because the provisions are known to the people.

3.   It should be able to provide security in protecting the rights and liberty of the people because it is reduced in writing.

Disadvantages of a Written Constitution

1.   It is conservative which tends to direct people and government action according to written rules.

2.   It is rigid and difficult to amend. It cannot readily adapt to needed changes.

3.   It is subject to varying interpretations from lawyers and the court.

Advantages of an Unwritten Constitution

1.   It is adaptable since it is not tied to written form and therefore can be made to respond according to given situation

2.   It is dynamic and geared towards a continuous state of change according to popular will.

3.   It is resilient because it can recover from unexpected political circumstances and changes.

Disadvantages of an Unwritten Constitution

1.   It is veered towards instability because its provisions are always subject to change according to emotions and spur of political development.

2.    It tends to cause confusion in the interpretation of some provisions rooted in custom and usages since it is not a product of a deliberate and formal legal process.

REQUISITES OF A GOOD WRITTEN CONSTITUTION

As to form (a good written constitution should be:

1.   Brief. It should not be too detailed because if it were so it would lose the character of a fundamental law.

2.   Broad. A written constitution must be broad and comprehensive to cover general statements from structures and powers of the government to the relationship between government and its citizens.

3.   Definite. It should not be ambiguous that it would not lead to different interpretation.

As to content

1.   Constitution of government. This contains provisions with the structure of government and its power.

2.   Constitution of liberty. This contains provisions which enumerate the fundamental rights of the people and the limits to power of government so that peoples liberty and freedom may be secure.

3.   Constitution of sovereignty. This contains provisions which define the procedures for amending or revising the constitution.

Basic principles of government

Expressed in the constitution of the Philippines

1.   The supremacy of the constitution. There is no foundation and basis for all decisions and action of the government or its agencies but the constitution.

2.   The rule of majority with respect to the rights of minority. Basically one half plus one of a given number constitute majority.

a.   Simple majority. It means one half plus one of a given number.

b.   Two-third majority. Two third of a vote given number is required to decide on an issues.

c.   Three-fourths majority

3.   The observance of government of laws and not of men. No person from the highest government official of the land to the lowest member of society is above the law.

4.   Collective will of the people that must prevail over any existing statute or policy when a situation demands.

reflection:the constitution is more than an instrument that serves to retain governments power and defines its relationship to the citizens. this means that, it minimize the or control the over power of officials. the constitution holds the control and a model for a better government . it must be clear and have a manner in its rule.