You are on page 1of 3

1.) Define and distinguish between political law, constitutional law, and constitution.

Constitution - define as the supreme law of the land and established by the people which prescribes the permanent framework of the system of government, which establishes basic principles upon which the government founded, and which defines and allocates to the various organs of government their respective powers and duties. Political law - is an established legal practice area encompassing the intersection of politics and law. Constitutional Law - that branch of Public Law which treats of constitution, their nature, formation, amendment, and interpretation. It refers to the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts of the provisions of the Constitution in specific cases. Thus, the Philippine Constitution itself is brief but the law of the Constitution lies scattered in thousands of Supreme Court decisions. Distinguished Constitutional Law from Political Law Political Law - Deals specifically with the study of the structure and powers of our government. Constitutional Law - is one of the division of Political Law that defines the specific duties and responsibilities of our government together with their privileges and rights and as a fundamental or supreme law of the land, it enumerates the rights of every citizens with their corresponding functions where the sovereignty resides in the people and all government authority emanates from them. 2. What are the divisions of political law? O Constitutional Lawthe study of the 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. O Administrative Law-- That branch of public law which fixes the organization determines the competence of administrative authorities who executes the law, and indicates to the individual remedies for the violation of his right. O Law on Municipal Corporations O Law of Public Officers

O Elections Law 3. Macariola v. Asuncion, 114 SCRA 77 (1962) In case of Macariola vs. Asuncion, the court says; Upon the transfer of sovereignty from Spain to the United States and later on from the United States to the Republic of the Philippines, Article 14 of this Code of Commerce must be deemed to have been abrogated because where there is change of sovereignty, the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. Likewise, Article 14 of the Code of Commerce which prohibits judges from engaging in commerce is, as heretofore stated, deemed abrogated automatically upon the transfer of sovereignty from Spain to America, because it is political in nature. 4. What are the types of constitutional law?

5. What are the classifications (or kinds and classes) of constitution? A Constitution may be written or unwritten, conventional or cumulative, and rigid or flexible. (i)Written is one which has been given definite written form at a particular time. (ii)Unwritten is one which has not been reduced to writing at any specific time but it is the collective product of a gradual political development, consisting of unwritten usages and customary rules, judicial decisions, and legislative enactments of a fundamental character written but scattered in various records without having any compact form in writing. (iii)Conventional enacted deliberately and consciously by a constituent body or ruler, at ascertain time and place. (iv)Cumulative is a product of gradual political development. (v)Rigid is one which can be amended through formal and difficult process. (vi)Flexible is one which can be changed by ordinary legislation. The 1987 Philippine Constitution is a written, conventional and rigid Constitution.

6. What are the essential parts of a written constitution? What articles of the 1987 Constitution belong to which part? As to form, a good written constitution should be: Brief because if a constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the government of the whole state and the rights of the citizens. Broad- because a statement of the powers and functions of government, and of the relations between the governing body and the governed, requires that it be as comprehensive as possible. Definite- because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible As to contents, it should contain at least three sets of provisions; > Constitution of Government > Constitution of Liberty > Constitution of Sovereignty 7. What are important or distinguishing qualifies of a written constitution?

You might also like