Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

● What is Constitutional Law/ Political Law?

- Branch of public law that deals with the organization and operations of the
governmental organs of the State and defines its relations with the
inhabitants of the territory. (People v. Perfecto, G.R. No. L-18463)

● What is state?
- Is a community of persons more or less numerous, permanently
occupying a definite portion of territory, having a government of their own
to which the great body of inhabitants render obedience, and enjoying
freedom from external control.

● Elements of state
1.) People – refers to the inhabitants living within the state. Ideally, it should
not be too small or too large. Small enough to be well-governed and large
enough to be self-sufficing.

2.) Territory – includes the fixed portion of land (territorial domain), rivers,
lakes, certain area of the sea (fluvial and maritime domain), and air
(aerial domain) over which the jurisdiction of the state extends (territorial
domain).

3.) Government – pertains to the agency through which the will of the state
is formulated, expressed, and carried out.

4.) Sovereignty – supreme power of the state to command and enforce


obedience to its will from people within its jurisdiction and to have
freedom from external control.
⮚ 2 kinds
1.) Internal – power of the state to rule within its territory.
2.) External – freedom of the state to carry out its activities without
control by other states. Often referred to as “independence”

● Doctrine of Constitutional Supremacy


- Hierarchy of Laws

Constitution

Statute

Ordinance

- All statutes, ordinances, and other laws promulgated by the legislative or executive branch
must conform to the constitutional provisions. If not, they will be rendered unconstitutional
or null and void and without any force and effect.

You might also like