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    The document outlines the key topics in political law covered in a 2007-2008 course, including definitions of political and constitutional law. It discusses the constitution's definition, theoretical basis, functions, parts, interpretation, and supremacy. The document also summarizes the process for amending the Philippines constitution, including proposals by Congress, constitutional convention, or initiative, and ratification. It notes several relevant court cases on these topics.

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    The document outlines the key topics in political law covered in a 2007-2008 course, including definitions of political and constitutional law. It discusses the constitution's definition, theoretical basis, functions, parts, interpretation, and supremacy. The document also summarizes the process for amending the Philippines constitution, including proposals by Congress, constitutional convention, or initiative, and ratification. It notes several relevant court cases on these topics.

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    20 views2 pages

    The 2007-2008 O-WPS Office

    Uploaded by

    jay
    The document outlines the key topics in political law covered in a 2007-2008 course, including definitions of political and constitutional law. It discusses the constitution's definition, theoretical basis, functions, parts, interpretation, and supremacy. The document also summarizes the process for amending the Philippines constitution, including proposals by Congress, constitutional convention, or initiative, and ratification. It notes several relevant court cases on these topics.

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    The 2007-2008 OUTLINE IN POLITICAL LAW

    by Dean Mariano F. Magsalin, Jr.

    I. GENERAL CONSIDERATIONS

    Definition and Divisions of Political Law

    Macariola vs. Asuncion, 114 SCRA 77 (1982)

    B. Definition of Constitutional Law; Distinguished from Political Law

    C. Constitution

    1. Definition and theoretical basis (The Social Contract Theory)

    2. Function

    3. Classification

    4. Essential qualities of a written constitution

    5. Parts of a constitution

    6. Interpretation of the Constitution

    Francisco v. House of Rep., G.R. No. 160261, Nov.10, 2003

    7. Supremacy of the constitution

    Mutuc vs. Comelec, 36 SCRA 228 (1970)

    Alih et., al., vs. Castro, 151 SCRA 279 (1987)

    Manila Prince Hotel vs. GSIS, G.R. 122156, Feb. 3, 1997

    II. AMENDMENT TO THE CONSTITUTION

    Article XVII, Sections 1,2 & 3

    A. Amendment vs. Revision

    B. Proposal
    1. By Congress

    2. By Constitutional Convention

    Gonzales vs. Comelec, 21 SCRA 774 (1968)

    3. By the people thru initiative (See R.A. 6735 August 4, 1989)

    Santiago vs. Comelec, G.R. 127325, March 19, 1997

    Lambino v. Comelec, G.R. No. 174153, October 25, 2006

    Lambino v. Comelec Resolution (November 21, 2006)

    Submission

    Tolentino vs. Comelec, 41 SCRA 702 (1971)

    D. Ratification - Article XVII, Section 4, Paragraphs 1 & 2

    E. The position of the Convention in our system of government

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