Lesson 6- Law & Constitution-1

Key Concepts of Law and Constitution

Definition of Law

• Law: A set of public and enforceable rules applicable within a political community.

  • Derived from the old Teutonic word “lag” meaning to lie evenly or fixed.

  • Recognized as binding by governing authorities and enforced by courts.

• Jurisprudence: The science of law.

• Rule of Law: Principle that law governs everyone equally, ensuring all conduct conforms to legal standards.

Function of Laws

1. Defines rights and duties of citizens.

2. Imposes taxes and appropriates funds.

3. Defines crimes and their punishments.

4. Creates and abolishes government offices/agencies.

5. Determines jurisdiction and function of offices.

6. Regulates human conduct and property use for the common good.

Sources of Laws

1. Religion: Ancient laws viewed as divinely inspired.

2. Customs: Local customs influence early laws.

3. Equity: Laws applied in accordance to fairness if existing laws do not apply.

4. Constitutions: Fundamental laws outlining government framework.

5. Legislation: Statutes enacted by the legislature.

6. Treaties: Binding agreements ratified by states.

7. Executive Proclamations: Implement legislation issued by the executive.

8. Judicial Decisions: Court rulings create precedents for future cases.

9. Legal Commentaries: Insights from jurists providing guidelines for law.

Kinds of Law

1. According to extent:

   • International Law: Governs state conduct and relations.

   • Municipal/National Law: Regulates citizens within a state.

2. According to persons involved:

   • Public Law: Regulates state relations with individuals.

   • Private Law: Regulates relationships between individuals.

3. According to hierarchy:

   • Constitutional Law: Fundamental law governing the state.

   • Statutory Laws: Laws enacted by legislative bodies.

4. Written Laws and Unwritten Laws: Written are codified; unwritten evolve over time.

Definition of Constitution

• Constitution: Body of rules governing the exercise of sovereign powers; serves as the fundamental law of the land, providing framework and guiding principles for government (De Leon, 2011).

Nature and Function of the Constitution

1. Serves as the supreme form of fundamental law, creating the government.

2. Establishes the basic framework and principles of governance.

Constitutional Law

• Branch of public law dealing with constitution, encompassing its nature, formation, amendment, and interpretation.

Kinds of Constitution

1. By Origin:

   • Conventional/Enacted: Formulated by a constituent assembly or granted by authority.

   • Cumulative/Evolved: Develops over time through customs and practices.

2. By Form:

   • Written: Formulated and codified at a specific time.

   • Unwritten: Evolves from customs, traditions.

3. By Amendment Process:

   • Rigid/Inelastic: Difficult to amend.

   • Flexible/Elastic: Can be altered similarly to regular laws.

Requisites of a Good Written Constitution

1. Form:

   • Brief, broad, definite.

2. Content:

   • Constitution of the government: Framework defined.

   • Constitution of liberty: Enunciation of fundamental rights.

   • Constitution of sovereignty: Process for amendments.

Distinction: Constitution vs. Statute

1. Constitution is drafted by representatives directly from the people; statutes come from ordinary legislative acts.

2. Constitution outlines general framework; statutes deal with specific details.

3. Constitution governs long-term future conditions; statutes address immediate concerns.

4. Constitution is supreme law; statutes must align with it.

Basic Principles of a Democratic Constitution (Newton & Van Deth, 2005)

1. Rule of Law: Ensures no arbitrary power.

2. Transfer of Power: Facilitates peaceful transitions.

3. Separation of Powers & Checks and Balances: Prevents concentration of power.

4. Government-Citizen Relations: Incorporates a Bill of Rights with citizen rights and government limits.

5. Government Accountability: Democracies accountable to citizens.

6. Final Arbiter: The constitution determines its application and amendments.

References

• Comprehensive references include various authors specializing in political science and constitutional law, offering textbooks and commentaries on the Philippine Constitution and its foundational principles.