Constitutional Law & Philippine Constitutional History (Vocabulary Flashcards)

Vocabulary flashcards covering key constitutional terms, histories, and institutions from the notes.

Constitution

That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised; the supreme law establishing basic principles and safeguarding fundamental rights.

Constitutional Law

The branch of jurisprudence that treats of constitutions, their nature, formation and amendments, operation and interpretation.

Written Constitution

A constitution that has definite written form, usually created by a constitutional convention (e.g., the American Constitution).

Unwritten Constitution

A constitution largely formed by customs, usages, and judicial decisions rather than a single written document (e.g., the English constitution).

Conventional or Enacted

Originating from a constitution enacted by a constituent assembly or granted by a monarch.

Cumulative or Evolved

Originating through growth and development over time rather than through formal enactment.

Rigid or Inelastic

A constitution regarded as sacred, requiring special, often cumbersome machinery to amend.

Flexible or Elastic

A constitution that can be amended in the same way as ordinary laws.

Philippine Constitution (as form)

Present Philippine Constitution is conventional/enacted, written, and rigid (inelastic) in nature.

Constitution of Government

Provisions dealing with the framework and powers of the government and the electorate.

Constitution of Liberty

Provisions safeguarding fundamental rights and imposing limits on governmental power.

Constitution of Sovereignty

Provisions outlining the method for amending or revising the constitution.

Constitution vs Statute

A constitution is the supreme law from the people; a statute is a law from representatives; constitutions set broad framework, statutes provide details.

Final decision belongs to courts

The ultimate interpretation of constitutional questions is the courts’, binding on all government branches.

Power of Judicial Review

Courts’ authority to interpret and review the constitutionality of laws and executive actions.

Malolos Constitution

The Political Constitution of 1899, the first Republican constitution in Asia, ratified Jan 21, 1899.

Preamble (Malolos)

Declaration of the representatives’ will to establish justice, defense, welfare, liberty, and invocations of a higher lawgiver.

1935 Commonwealth Constitution

Draft approved Feb 8, 1935 and ratified Mar 25, 1935; Quezon elected president; prepared for a Commonwealth government.

Article XIV Amendments (1935)

Provisions on proposing amendments: three-fourths vote of the National Assembly and majority ratification by the people.

Transitory Provisions (1935)

Provisions governing transition, continuity of existing laws, and initial government arrangements during the shift to the new framework.

1943 Japanese Puppet Government

The Second Philippine Republic under Japanese occupation (1943–1945) with Jose Laurel as president; Japanese-sponsored constitutional setup.

KALIBAPI

Kapisanan ng Paglilingkod sa Bagong Pilipinas, the sole political organization during the Japanese occupation, which helped draft the independence setup.

Provisional Constitution (1986)

A temporary constitution proclaimed by President Aquino to restore democracy and set the stage for a new constitution, adopting certain 1973 provisions.

1987 Philippine Constitution

Current constitution of the Philippines; includes provisions on amendments (Article XVII) and suffrage (Article V) among others.

Suffrage

The right and obligation of citizens to vote; 18 years or older, resident, with no literacy or property requirements imposed.

Plebiscite

A public vote on constitutional amendments or important measures for ratification.

Referendum

The electorate’s power to approve or reject legislation or ordinances, often at the level of provinces or municipalities.

Initiative

The people’s power to propose amendments to the Constitution or to enact legislation through a petition and election.

Recall

A process to remove local government officials through a specific petition and election.

Amendments vs Revisions

Amendments change a specific provision; revisions affect multiple provisions or broader parts of the constitution.