Free Essay

Polsci

In: Other Topics

Submitted By yanchoot
Words 941
Pages 4
Concept of Constitution
Roel Gordolan Eroma USJ-R

Meaning of Constitution
In broad sense, the term constitution refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.  It maybe defined as that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.


Nature and purpose or function of constitution







the charter creating the government. It has the status of a supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience. It is binding on all individual citizens and all organs of the government. It is the law to which other laws must conform and in accordance with which all private rights must be determined and all public authority administered. It is a test of the legality of all government action, whether proceeding from the highest official or lowest functionary.

 The

purpose is to prescribe the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties and to establish certain basic principles on which the government is founded  Designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority.

Meaning of constitutional law
 Branch

of jurisprudence which treats of constitutions, their nature, formation and amendment, operation and interpretation.  It refers to the law embodied in the constitution as well as the principles growing of the interpretation and application made by the courts.

Kinds of Constitution


As to the origin and history: – Conventional-enacted by constituent assembly or granted by the monarch to his subjects like the constitution of Japan in 1889; – Cumulative or evolved-like the English Constitution, product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

Kinds of Constitution


As to their form:
– Written-one which has been given definite written form at a particular time, usually by a specially constituted authority called a “constitutional convention.” – Unwritten-entirely, the product of political evolution, consisting largely of a mass customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates. The English Constitution is unwritten only in the sense that it is not codified in a single document

Kinds of Constitution


As to manner of amending them: – Rigid or inelastic-one regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous that the ordinary legislative process. – Flexible or elastic-one which possesses no higher legal authority than ordinary laws and which maybe altered in the same way as other laws. – Philippine Constitution maybe classified as conventional or enacted, written, and rigid or inelastic, drafted by appointive body called “Constitutional Commission.”

Advantages and disadvantages of a written constitution
It has the advantage of clearness and definiteness over an unwritten one because it is prepared with great care and deliberation. Cannot easily be bent or twisted by the legislature or by the court.  Its disadvantages lies in the difficulty of its amendment. This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state


Requisite of a good written constitution


As to form, a good written constitution should be;
– Brief-outlines the structure o the government of the whole state and the rights of the citizens. – Broad-statement of the powers and functions of the government, and the relations between the governing body and the governed, requires that it be as comprehensive as possible. – Definite-any vagueness which may lead to opposing interpretation of essential features may cause incalculable harm.

Requisite of a good written constitution


As to contents:
– That dealing with the framework of government and its powers, and defining electorate. This group of provisions has been called the constitution of government – That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these rights. This group has been referred to as the constitution of liberty. – That pointing out the mode or procedure for amending or revising the constitution. This group has been called the constitution of sovereignty.

Constitution of a good written constitution








A constitution is a legislation direct from the people, while a statute is a legislation from the people’s representatives. Merely states the general framework of the law and the government, while a statue provides the details of the subject of which it treats. Intended not merely to meet existing conditions but to govern the future, while a statue is intended primarily to meet existing conditions only. Supreme or fundamental law of the States to which statues and all other laws must conform.

Constitution Distinguished from statute







A constitution is a direct legislation from the people, while a statute is a legislation from the people’s representatives; A constitution merely states the general framework of the law and the government, while the statute provides the details of the subject of which it treats; A constitution is intended not merely to meet existing conditions but to govern the future, while s statute is intended primarily to meet existing conditions; only and A constitution is the supreme fundamental law of the State to which statutes and all other laws must conform.

 The

end….  Assignment…please research the different constitutions of the Philippines .Prepare

for or quiz next meeting……...

Similar Documents

Free Essay

Final Paper Bus 642

...Work-safety tension can result in worker injuries, and unacceptable product movement which can affect an organization’s revenue. “Increasing attention has been paid to the role of the work environment and management practices as determinants of safety in the workplace.” (Neal & Griffin, 2006) References McGonagle, A. K., & Kath, L. M. (2010). Journal of Safety Research. Retrieved from National Safety Council: http://tnl.esd113.org/cms/lib3/WA01001093/Centricity/Domain/87/2)_MHickman_WCT_Work_Safety_Tension_Study.pdf McLain, D. L. (1995). Responses to Health and Safety Risk in the Work Environment. Academy of Management Journal 38(6), 1726-1743. Pearson's R . (NA). Retrieved from Quinnipiac Edu: http://faculty.quinnipiac.edu/libarts/polsci/Statistics.html Neal, A., & Griffin, M. A. (2006). A Study of the Lagged Relationships Among Safety Climate, Safety Motivation, Safety Behavior, and Accidents at the Individual and Group Levels. Retrieved from Journal of Applied Psychology: http://griffin.zydec.net.au/publications/neal_griffin_jap.pdf...

Words: 1575 - Pages: 7

Premium Essay

What Are the Strengths and Weaknesses of the Neo-Liberal Approach to Development?Oliberalism

...Kothari and M Minogue, Development Theory and Practice Critical Perspectives, Pilgrave, London, 2002 Websites D E Thorsan, What is Neoliberalism? http://folk.uio.no/daget/neoliberalism2.pdf, Department of Political Science, 2009 S Sumner, The Unacknowledged Success of Neoliberalism, 2010, http://www.econlib.org/library/columns/y2010/sumnerneoliberalism.html Unknown Author, http://wwwnew.towson.edu/polsci/ppp/sp97/imf/POLSAP3.HTM , Towson University -------------------------------------------- [ 1 ]. D E Thorsan, What is Neoliberalism?, http://folk.uio.no/daget/neoliberalism2.pdf, Department of Political Science, 2009, pp. 2-7 [ 2 ]. M N. Rothbard, Man, Economy and State with Power and Market 2nd Edition, Ludwig von Mises Institute, USA, p. 91 [ 3 ]. D E Thorsan, p.8 [ 4 ]. D Harvey, A Brief History of Neoliberalism, Oxford University Press, Oxford, 2005, p.2 [ 5 ]. J B Greenberg, A Political Ecology of Structural Adjustment Policies: The case of the Dominican Republic, Culture and Agriculture, 1997, pp.85-93 [ 6 ]. Unknown Author, http://wwwnew.towson.edu/polsci/ppp/sp97/imf/POLSAP3.HTM , Towson University, [ 7 ]. S Sumner, The Unacknowledged Success of Neoliberalism, 2010, http://www.econlib.org/library/columns/y2010/sumnerneoliberalism.html [ 8 ]. U Kothari and M Minogue, Development Theory and Practice Critical Perspectives, Pilgrave, London, 2002, p.178 [ 9 ]. U Kothari and M Minogue, p.180...

Words: 2501 - Pages: 11

Premium Essay

Communist Manifesto

...Title: The Communist Manifesto Author: Karl Marx and Friedrich Engels Source: http://www.anu.edu.au/polsci/marx/classics/manifesto.html The Communist Manifesto has four major sections: The Bourgeois and Proletarians, The Proletarians and Communists, Socialist and Communist Literature, and The Position of the Communists in Relation to the Various Existing Opposition Parties. The first section, The Bourgeois and the Proletarians, calls the proletarians to recognize the harsh treatment of the bourgeois towards them. The bourgeois are the land owners that are only worried about the amount of money that they are able to make at the expense of the lower proletarian class. Marx and Engels make their point by comparing these two classes to the older feudal system in which the higher classes survived off the lower classes; however, this modern bourgeois class is abusing the work done by the proletarian class and treating them as just the power to make the modern machines run, nothing more. The proletarian class is the larger of the two classes by being the mass workforce, yet the bourgeois class “must feed them instead of being fed by them”. The proletarian must continue to work and increase capital for the bourgeois, otherwise if they do not there will no longer be a market for their work, therefore, putting them out of work. This starts the basis of why the Communists call to reform over the capitalist way of life. In the next section, Proletarians and Communists, this document......

Words: 1366 - Pages: 6

Premium Essay

Science & Technology as the Engines of Economic Growth

...rights of the individual under each system. In order for capitalism to thrive, it is essential that individual rights, especially property rights, be protected. All national experiments with communism have not only resulted in the abolishment of individual property rights, but have also resulted in the elimination of personal liberties such as freedom of speech, religion and the right of self-determination—all in the name of the common good and protection of the State. D. ReferencesCapitalism. Merriam-Webster.com. Retrieved May 5, 2012 from www.merriam-webster.com/dictionary/capitalism. Engels, F. and Marx, K. (1848) translated by Moore, S. (1888). Manifesto of the Communist Party. Retrieved May 5, 2012 from http://www.anu.edu.au/polsci/marx/classics/manifesto.html. (2012). Wealth of Nations, Adam Smith Institute. AdamSmith.org. Retrieved May 7, 2012 from http://www.adamsmith.org/wealth-of-nations....

Words: 1241 - Pages: 5

Premium Essay

Intro to Polsci

...What Democracy Is Modern Political Democracy – is a system of governance in which the rulers are held accountable for their actions in the public realm by citizens, acting indirectly through the competition and cooperation of their elected representatives. 1. System of Governance – is an ensemble of patterns that determines the method of access to the principal public offices which includes but not limited to: * Characteristics of Actors admitted to or excluded from such access. * Strategies that actors may use to gain access * The rules followed in the making of publicly binding decisions Note: To work properly, the ensemble must be institutionalized – that is to say, the various patterns must be habitually known, practiced, and accepted by most, if not, all actors. Furthermore, the preferred mechanism of institutionalization is a written body of laws undergirded by a written constitution or any other informal or traditional basis. * These forms, characteristics and rules are bundled together and given a generic label e.g. democratic, autocratic, despotic, dictatorial, tyrannical, totalitarian, monarchic, aristocratic, etc… 2. Rulers – persons who occupy specialized authority roles and can give legitimate commands to others. What distinguishes democratic rulers with others are the norms and conditions of how the former came to powerand the practices that hold them accountable for their actions. 3. Public Realm – encompasses......

Words: 855 - Pages: 4

Free Essay

Studying Abroad

...programs, but also what I must do in order to have a successful and safe experience. I became interested in the UW’s exploration seminars and decided to participate in the Art London Exploration Seminar this past summer. London is a multi-cultural capital and an ideal place to experience other ways of life, giving me an open mind and respect for different cultures. I was able to overcome the challenges of living in a foreign country and mature into an independent, flexible, and adaptable person. Studying in Prague will allow me to mature and experience personal growth by being immersed in a new culture and independently taking on the challenges of living in a foreign country. My personal growth will be channeled through the variety of CHID and PolSci courses the program offers and also engage in intellectually stimulating international field trips. Although I will not be dealing with a language barrier in my classes, I will come across people of many ethnicities and customs throughout Prague and Central Europe. From now until my departure, I plan to research Prague’s numerous cultural aspects to increase my respect and understanding of its social and cultural norms and not confuse them with my own. I am qualified to participate in the CHID Prague Program since I have had much success in taking analytical and critical thinking business classes here at the UW, maintaining a 3.58 cumulative GPA. We live in a diverse world ranging from economic to political to personal......

Words: 763 - Pages: 4

Free Essay

Geopolitics and Polsci

... Political Science is a vast study. It can correlate to other blanches of learning just like History, Economic, Geography, Sociology and Anthropology, Psychology, Philosophy, Statistics and Logic, and Jurisprudence. But, what i would like to reflect is the study of Geography. It is very important for me to be able to understand the interrelationship of political science and geography, since I am currently taking up a major subject which is geopolitics. As i have undergone the learning process of my degree program, International Studies and this subject, Political Science 2, I have realized that it is necessary for a concerned citizen, an IS student, a diplomat, and most especially a political scientist to know how geography affects the arising of global issues and international politics. It is the simplest way, the actions of individuals and societies are influenced by the physical environments, particularly climate, food, soil, etc. The geographical and physical factors greatly affect or influence the character, the national life of the people, and their political institutions. Without geography, I think the political concept can't go this far. This branch of learning is just so important to explain why such phenomena happened in the past and are happening today. Say for example those nations that are rich in natural resources may become more powerful in world politics. Another concrete example in the issue in recent months with regards to the tension......

Words: 411 - Pages: 2

Premium Essay

Enlightenment

...enforced uniform laws throughout the realm. http://search.proquest.com.proxy-library.ashford.edu/docview/225741287/AFACA848ED8B4554PQ/1?accountid=32521 Socialism was a product of two revolutions in human affairs, each with their respective roots in those two countries: the industrial revolution in England and the popular-democratic revolution in France. This is a saying from the French Revolution of 1792: Liberty is no more than an empty shell when one class of men is allowed to condemn another to starvation without any measures being taken against them. And equality is also an empty shell when the rich, by exercising their economic monopolies, have the power of life or death over other members of the community. http://www.anu.edu.au/polsci/marx/contemp/pamsetc/socfrombel/sfb_2.htm The culture impact of the French Revolution for example there was schools, Academies, Libraries, and Museums and Monuments. Another culture impacts were Political Culture and Cultural Uniformity. Political Culture: the revolutionaries set up a new revolutionary culture that glorified the new regime and the ideal of liberty, equality, and fraternity. Also tried to de- Christianize France, churches were turned into “Temples of Reason” instead of “Temples of God.” Cultural uniformity: The metric system became the new measuring system. Liberalism emerged from the Enlightenment as a political and cultural set of ideals including a belief in progress, arguments for social equality......

Words: 712 - Pages: 3

Free Essay

Literature

...Arbel S. Rayla PolSci 11:00-12:00nn Diwani D. Lucero Human Rights Violations of Marcos Regime There were numerous cases of human rights violations against civilians during the Martial Law period. The hardest hit were the critics of his dictatorial government such as the progressive writers, commentators, organizers, professors, students and artists. They were arrested and detained along with some delegates of the Constitutional Convention (ConCon) who belonged to the political opposition. While in detention, they experienced various forms of tortures, harassment, intimidation, inhumane treatment and summary execution. The human rights violations during the Marcos regime were believed to be committed by the Armed Forces of the Philippine (AFP), Philippines Constabulary (now Philippines National Police or PNP) and the Civilian Home Defense Force (CHDF). According to the Task Force Detainees of the Philippines (TFDP), there were an estimated 22,287 detained civilians and 2,491 victims of salvaging. According to Amnesty International (AI), an international organization which promotes human rights, there were about 759 document cases desaparecidos. They were believed to be salvaged but their bodies were never recovered. The suspension of the writ of habeas corpus gave President Marcos undue power to arrest and detains suspected rebels and political opposition. Without the political opposition, President Marcos was able to easily maneuver the rewriting of the......

Words: 253 - Pages: 2

Premium Essay

Polsci

...CONSTITUTION The Laws in the land is governed by a constitution - it is a written instrument in which the fundamental powers of the government to govern are established, defined, as well as limited. It is also written in the constitution how the powers are being distributed among the several departments of the government. The constitution is a written charter that are enacted as well as adopted by the people in a particular state. The Laws on the land should be guided on what was being written in the constitution. The policies of the government should also be in accordance with the constitution so that any action will not be lead unto constitutional crisis - a constitutional crisis is an event where in a particular part of a constitution is or are not being followed in accordance with the policies or actions taken by the authorities. THE DIFFERENT TYPES OF CONSTITUTION * As to form: * Written Constitution * Unwritten Constitution * As to origin or history * Conventional or Enacted Constitution * Cumulative or Evolve Constitution * As to manner of amending the constitution * the Rigid or Inelastic Constitution * Flexible or Elastic Constitution All of the above mentioned constitutions have their different features and characteristics. The Written Constitution * is the constitution where the provisions are all contained in a single document. The Unwritten Constitution * is the constitution where the......

Words: 426 - Pages: 2

Free Essay

Ned Kelly: Hero or Villain?

...was a bit of a terrorist as he was planning to announce Victoria as a republic and held people hostage during his plan to renounce it to a republic. He was a bit of a hero, as he saved a little boy from drowning and gave money to the poor. Yet, he was a villain as he did steal, kill and keep people hostage. This greatly depends on your opinion and what version of the story you hear. Bibliography * http://www.nedkellytouringroute.com.au/ned-kelly-timeline/ * www.migrationheritage.nsw.gov.au/exhibition/objectsthroughtime/ned-kelly-jerilderie/ * http://www.biography.com/people/ned-kelly-9362297#awesm=~oEMs2jilSAnYfU * http://www.slv.vic.gov.au/our-collections/treasures-curios/jerilderie-letter * http://www.anu.edu.au/polsci/marx/interventions/bushrangers.htm * http://www.kellygang.asn.au/things/k_kellys/K_trial.html * http://upfromaustralia.com/hernedkelbus.html...

Words: 1738 - Pages: 7

Premium Essay

Polsci

...ACCOUNTABILITY * Is a responsibility. Its an obligation of a person or organization to account for its activities and it is also includes the responsibility for financial or other property. * There must be an accountability policy in every management for a better development. * People voted them because they trusted those officials so they need to serve the people the way an official or right official really do. They are the one who make the country successful. The country’s successfulness is in their hands. BICAMERAL * Having two branches, chambers or houses as legislative body. * Bicameral legislature is common used than the unicameral legislature. * Bicameral legislature pass laws out of two chambers while unicameral legislature only one. So, the bicameral advantages are more varied representation, two houses to check each other’s power and the passing of quality legislation. VETO * A constitutional right to reject a decision or proposal made by a law-making body. * Our President Benigno Aquino III vetoed the bill that Senator Lapid made. * It is important to have the veto because to make sure that the President is using his/her power. It is to make sure that the proposed bill is a necessary for everyone. CEREMONIAL * It is relating to or used for formal events of a religious or public nature. * The procedure was conducted with all due ceremonial. * It is the Queen as a Constitutional Monarch, Her majesty does not rule the...

Words: 563 - Pages: 3

Premium Essay

Polsci

...Philippine politics Philippine politics now a day are full of corruption, cheating and full of shit. And at this world now elections are controlled by the people who have a lot of money also controlling the election by scaring other people. And that I can say that money is a powerful things in this world. Because of corruption Many rich people in the Philippines lack social responsibility, poor people have been conditioned that they do not have the resources required to help themselves or that change for the better is not possible since these are how things have been done ever since. It has always been this way with many political administrations in the past to the present. Limited development opportunities and options and living daily on a survival mode also breed negative attitudes such as “bahala na”, “kapit sa patalim” (living on the edge), and crab mentality (pulling others down in an effort to go ahead). I do salute and idolize Mr Marcos because of his ability to change the. Should I say world? Or people? Because of his era I can see that the people is full of respect on their own way. Yes., there’s always a corruption in terms of politics but now there’s a big difference mga gahaman at nasisilaw ang mga tao sa pera. Politics in the Philippines or in other country is a powerful because they have the power of all. They are authorized person they can do what they want yes they’re the one who create the batas. But also they are the one who violate the human laws. And......

Words: 529 - Pages: 3

Free Essay

Central Park History

...Natalia Rojas Prof. Rachel Schutte Polsci 110 02 May 2015 Central Park Central Park is an urban park right in the heart of the borough of Manhattan in New York City. Central Park is the most visited park in all of the Untied States and it is recognized as a National History Landmark by the United States government for its outstanding degree of historical significance (Blackmar, Rosenzweig). However, the outcome of what the park is today is a product of years of the park’s planning, construction, and several renovations. These renovations though, have seen many obstacles, often reflecting the socioeconomic status of the City at the time. Central Park is a historical site in New York City with political relevance dating back to the 1800’s. The beginnings of the park date back to the early 1820’s when New York population was increasing dramatically (MacDonald, 118). The people of New York City were sifting through the area, trying to find calm, open spaces to get away from the “hustle and bustle” of the city for a moment. The city’s need for a great public park soon became prevalent to New York state legislatures. Thus, in 1853 the New York state legislature settled upon a seven hundred acre area that spread from 59th street all the way until 106th street that would be dedicated to cultivating this vast public park (MacDonald, 119). Progress of the park, once it began in the 1850’s, has lasted through the 19th, 20th, and now even the 21st century. Of course, the......

Words: 1899 - Pages: 8

Premium Essay

La from

...acts as a unit to achieve its goals. Because the United States is a single nation and the European Union is transnational, the United States is able to act more quickly, with less debate and resistance and more confidentially without the risk of internal conflict.  There are more than 150 different countries in the world to terms such as country, nation, state, and even nation-state are used to define social, cultural and political relationships and make categorizing them easier. The United States and European Union are only two of many examples of various forms of nations, states, and nation states with both domestic and international agendas. Works Cited What is a Nation State (N.D.) Retrieved from http://www.towson.edu/polsci/ppp/sp97/realism/whatisns.htm Foreign Policy (N.D.) Retrieved from http://www.whitehouse.gov/issues/foreign-policy The History of the European Union (N.D.) Retrieved from http://europa.eu/about-eu/eu-history/index_en.html SST1 Task 2 A. When paralysis occurs at a young age, does the person affected overcome the obstacles of disability more easily than someone injured in adulthood? 1. The significance of this question is great because the answer can benefit families facing the new challenges of disability, psychologists better assist their patients, and doctors counsel newly injured patients. 2. Three research problems (subordinate questions) a. How long does it take a newly paralyzed......

Words: 1663 - Pages: 7

Documentari | Goosebumps 2: Haunted Halloween | A$AP Rocky - Fukk Sleep (Official Video) ft. FKA twigs