Constitutional Law Notes
Constitutional Law by Isagani A. Cruz
Introduction
Constitutional Law: Balances state authority (police power, eminent domain, taxation) and individual liberty (Bill of Rights).
The role is to effect an equilibrium between authority and liberty. Rights are exercised within the law, and laws respect rights.
Powers and rights check each other for co-existence, aiming for a well-ordered society.
Rights can be regulated for the common good but not arbitrarily curtailed.
The Nature of the Constitution
Definition:
Cooley: The body of rules and maxims that govern the exercise of sovereignty.
Malcolm: A written instrument from the people establishing, limiting, and defining government powers and distributing them among departments for the benefit of the body politic.
Purposes:
Prescribes the permanent framework of government.
Assigns powers and duties to departments.
Establishes fixed principles on which government is founded.
Recognizes and protects basic individual rights (e.g., religious freedom) rather than creating them.
"The Constitution is not 'the origin of private rights; it is not the fountain of law nor the incipient state of government; it is not the cause but the consequence of personal and political freedom.'"
Supremacy of the Constitution
The Constitution is the basic and paramount law.
All laws and officials must conform and defer to it.
No act is valid if it conflicts with the Constitution.
The Constitution must be upheld until changed by the sovereign people.
Classification of Constitutions
Written or Unwritten:
Written: Precepts are in one document.
Unwritten: Rules are in various sources (statutes, judicial decisions, commentaries, customs).
Evolved or Enacted:
Conventional (Enacted): Formally created at a specific time and place.
Cumulative (Evolved): Result of political evolution, changing gradually.
Rigid or Flexible:
Rigid: Amended by a formal, difficult process.
Flexible: Changed by ordinary legislation.
The Philippine Constitution is written, conventional, and rigid.
Essential Qualities of a Written Constitution
Broad:
Provides for the organization of government and covers all people and things.
Embodies the past, reflects the present, and anticipates the future.
Comprehensive enough to provide for every contingency.
It is the unfolding of the future, and the fulfillment of the present.
Brief: Confines itself to basic principles, implemented with legislative details that are adjustable and easier to amend.
Definite: Clear and unambiguous to avoid confusion and conflict, except where vagueness is deliberate for judicial interpretation.
Essential Parts of the Written Constitution
Constitution of Liberty:
Fundamental civil and political rights (Article III, also Articles II, IV, V, and XII).
Constitution of Government:
Organization of government, enumeration of powers, rules for administration, and defining the electorate (Articles VI to XI).
Constitution of Sovereignty:
Procedure for formal changes in the fundamental law (Article XVII).
Permanence of the Constitution
Written, conventional, and rigid constitutions resist capricious change.
But permanence can be a disadvantage if the constitution cannot adjust to needed changes.
Difficulty in amending may cause irreparable injury.
If the constitution becomes an impediment to progress, the people may resort to violation or revolution.
Interpretation of the Constitution
Interpreted to give effect to the framers' intent, found in the document or extrinsic aids (records of the constitutional convention).
Must change with the times to avoid impeding progress.
In case of doubt, consider the constitution self-executing, mandatory, and prospective.
Self-executing provision: Directly applicable without statutory implementation (e.g., Bill of Rights).
Non-self-executing provision: Requires legislative implementation (e.g., Article II, Section 4, on military or civil service).
Mandatory: whenever the language contains a grant of power, it is intended as a mandate, not a mere direction.
Amendment or Revision
Change can occur through modification of interpretation by courts.
Judges may read new meanings into ambiguous provisions in light of altered conditions.
Some provisions (
Interpretation of the Constitution
Interpreted to give effect to the framers' intent, found in the document or extrinsic aids (records of the constitutional convention).
Must change with the times to avoid impeding progress.
In case of doubt, consider the constitution self-executing, mandatory, and prospective.
Self-executing provision: Directly applicable without statutory implementation (e.g., Bill of Rights).
Non-self-executing provision: Requires legislative implementation (e.g., Article II, Section 4, on military or civil service).
Mandatory: whenever the language contains a grant of power, it is intended as a mandate, not a mere direction.
Amendment or Revision
Change can occur through modification of interpretation by courts.
Judges may read new meanings into ambiguous provisions in light of altered conditions.
Some provisions (especially in a "political" constitution) authorize or direct the legislature to enact laws to carry out the declared policies. (Non-self-executing)
Distinguish
Amendment implies correction or improvement of errors in the original. It affects only specific provisions.
Revision implies substantial change, altering the basic principles of the constitution.
Amendment is considered a formal change, while revision involves a rewriting.
How to Amend
The power to amend or revise
How to Amend
The power to amend or revise is reserved to the sovereign people.
Limited by the Constitution itself.
Amendments are valid as direct acts of the people, superior to legislative acts.
Two methods for proposal:
Congress, with a 3/4 vote of all members.
Constitutional Convention (called by 2/3 vote of all Congress members).
Amendments are ratified by:
A majority of votes in a plebiscite after proposal ratification.
Limitations on the Power to Amend
Lack of Judicial Review:
Political questions are beyond the judiciary’s scope.
Amendments are directly from the people, not subject to judicial intervention.
Qualitative Limitations:
Basic structure or underlying principles cannot be subverted.
Changes must align with national identity (e.g., democratic principles).
Revisions should not destroy the fundamental institutions.
The Doctrine of Improper Submission:
Fair presentation of amendments in a plebiscite.
Amendments should be understood for informed consent.
Piecemeal submission invalidates the process because it prevents holistic consideration.
The Article V Convention:
Purpose:
Circumvents congressional reluctance to propose amendments.
Initiative lies with the people, expressed through state legislatures.
Scope must be clearly defined to prevent
runawayconventions.Limitations:
U.S. context: Undefined and unrestricted powers of conventions.
Risk of exceeding original mandate if scope is not defined.
Calls for a convention are typically about specific topics.
Operative Principles of Interpretation
Verba legis:
Plain meaning of words.
If clear, applied as is.
Ratio legis et anima:
Intent of the law prevails over literal wording.
Spirit or reason of the law is crucial when wording is ambiguous.
Ut res magis valeat quam pereat:
The Constitution is interpreted as a whole.
Specific provisions are construed to harmonize with the entire document.
Avoid interpretations that invalidate provisions.
Hierarchy of Constitutional Values
Constitutionalism emphasizes basic rights over governmental powers.
Rights are inherent and superior to governmental authority.
Governmental powers are limited and defined, existing to protect rights.
Conclusion
Constitutional Law ensures balance between state power and individual freedoms.
The Constitution's interpretation and amendment must preserve its essence and adapt to societal needs.
Amendments should enhance, not undermine, the fundamental principles of the Constitution.