DEMOCRATIZATION

Constitutional Law = current constitution = 1987

= It guides not only behavior but also structures

• Definition

  • Rules by which powers of sovereignty are exercised

• Purpose

  • Establish, limit, and define government powers

• Scope

  • Framework for all other laws and government actions

Nature of Constitution

• Supreme Fundamental Law

  • Binding on all citizens and branches

• Basic Framework

  • Establishes government structure and principles

• Rights Protection

  • Safeguards against arbitrary government actions

Types of constitutions 

- by origin = conventional (enacted), cumulative (evolved)

- by form = un/written

• Unwritten - flexible. adaptable, quick

• Written - clarity, definite, accessible

- by amendment process = rigid (inelastic),  flexible (elastic)

Good Constitution Requirements

• Form

  • Brief

  • Broad

  • Definite

• Content

  • Government Framework

  • Fundamental rights

  • Amendment Process

Constitution vs. Statute

constitution - direct from ppl, general framework, forward-looking (made to endure over time), & supreme law (highest legal authority)

statute - from legislative (from congress), specific provisions (specific issues), immediate needs, & subj to constitutional review (must follow it) } laws not found in constitution = ex: divorce being allowed na

constitutional interpretation = Who can interpret constitutions?

- indiv citizens 

- specific authorities = ex. supreme court can interpret 

purpose = all know meaning = ascertain intent

1935 Constitution

• American Influence

  • Based on US Constitution and colonial acts

• Transition Government

  • Commonwealth to Republic Framework

• Women’s Suffrage

  • Granted voting rights to women

• Japanese Disruption

  • Temporarily suspended during occupation

* What freedom do we seek now?

• Speech & press

• economic freedom & job security

• from corruption & political abuse

• from poverty & inequality

• from fear (Crime, Drugs, & Political Violence)

• personal choice

1973 Constitution

• Martial Law Context

  • Created during Marcos authoritarian period

• Citizens Assemblies

  • Controversial approval process

• Parliamentary System

  • Modified form with strong executive

• Extended Powers

  • Designed to prolong executive authority

1987 Constitution

• Freedom Constitution

  • Post-Marcos democratic restoration

• De-Marcosification

  • Dismantling authoritarian structures

• Constitutional Commission

  • Appointed body drafted and ratified

• Human Rights Focus

  • Expanded protections after martial law