This document summarizes key concepts in Constitutional Law. It defines Constitutional Law as the division of Political Law that establishes the duties and responsibilities of government alongside citizen rights. The Constitution is described as the supreme law of the land, outlining the framework of government and allocation of powers. The document outlines the process for amending the Constitution, including the differences between amendment and revision. It also summarizes some relevant court cases related to proposing and ratifying amendments by Congress, constitutional convention, or citizen initiative.
This document summarizes key concepts in Constitutional Law. It defines Constitutional Law as the division of Political Law that establishes the duties and responsibilities of government alongside citizen rights. The Constitution is described as the supreme law of the land, outlining the framework of government and allocation of powers. The document outlines the process for amending the Constitution, including the differences between amendment and revision. It also summarizes some relevant court cases related to proposing and ratifying amendments by Congress, constitutional convention, or citizen initiative.
This document summarizes key concepts in Constitutional Law. It defines Constitutional Law as the division of Political Law that establishes the duties and responsibilities of government alongside citizen rights. The Constitution is described as the supreme law of the land, outlining the framework of government and allocation of powers. The document outlines the process for amending the Constitution, including the differences between amendment and revision. It also summarizes some relevant court cases related to proposing and ratifying amendments by Congress, constitutional convention, or citizen initiative.
This document summarizes key concepts in Constitutional Law. It defines Constitutional Law as the division of Political Law that establishes the duties and responsibilities of government alongside citizen rights. The Constitution is described as the supreme law of the land, outlining the framework of government and allocation of powers. The document outlines the process for amending the Constitution, including the differences between amendment and revision. It also summarizes some relevant court cases related to proposing and ratifying amendments by Congress, constitutional convention, or citizen initiative.
Political Law deals with the study of the structure and
powers of the government. Constitutional Law is one of the divisions of Political Law that defines the specific duties and responsibilities of our government together with their privileges and rights. As the fundamental or supreme law of the land, it enumerates the rights of every citizen with their corresponding functions where the sovereignty resides in the people and all government authority emanates from them. Constitution The supreme law of the land established by the people. Prescribes the permanent framework of the system of the government. Establishes the basic principles upon which the government is founded. Defines and allocates to the various organs of the government their respective powers and duties. Amendment of the Constitution A. Amendment vs. Revision An Amendment is a change or alteration for the better within the lines of the original instrument which will bring about improvement.
A Revision is the rewriting or overhauling of the entire instrument.
B. Proposal A proposal is the motion of initiating suggestions or proposals on amendment or revision, which may either be by: a. Congress vote of by all of its members b. Constitutional convention c. The Peoples initiative [Santiago v. COMELEC] In the order of things, the primacy of interest, or hierarchy of values, the right of the people to directly propose amendments to the Constitution is far more important than the initiative on national and local laws.
[Lambino v. COMELEC] Theres not a single word, phrase, or sentence of text of the proposed changes in the signature sheet. Neither does the signature sheet state that the text of the proposed changes is attached to it. The signature sheet merely asks a question whether the people approve a shift from the Bicameral-Presidential to the Unicameral- Parliamentary system of government. The signature sheet does not show the people the draft of the proposed changes before they are asked to sign the signature sheet. This omission is fatal. Initiative through petition by the people should have the following 2 elements: 1. The people must author and sign the entire proposal without any agent or representative signing on their behalf. 2. The proposal must be embodied in the petition. C. Submission [Tolentino v. COMELEC] The SC held that under Sec. 1 of Article 15, there should only be one election or plebiscite for the ratification of all amendments the convention may propose. D. Ratification Judicial Review A. Separation of Powers B. Theory and Justification of Judicial Review (Art VIII, Sec.1) C. Justiciable and Political Questions D. Requisites of Judicial Review