CONTENT OF CONSTITU

TION.
Requisites of a good written constitution.

1. As a form, a good written constitution should be:

(a) brief. - because if a constitution is too detailed, it
would lose the advantage of a fundamental law whic
h in a few provisions outlines the structure of the gov
ernment of the whole state and the rights of the citiz
ens.
(b)Broad.- because a statement of the powers and fu
nction of government,and of the relations between t
he governing body and the governed, requires that it
be as comprehensive as possible.
•
(c) Definite.- because otherwise the application of its
provision to concrete the situations may prove undul
y difficult if not impossible. Any vagueness which ma
y lead to opposing onterpretations of essential featur
es may cause incalculable. Civil war and disruption of
the state may conceivably follow from ambiguous ex
pression in constitution.
•
(2) as to contents, it should contain atlest
3 sets of provision:

(a) the dealing with the framework of goverment, it s

tructure and power, and defining the electorate. This
group of provisions has been called the constitution
of government;
• (b) the setting forth the fundamental rights of the p
eople and imposing certain limitations on the powe
rs of the government as a means securing the enjoy
ment of these rights. This group has been reffered t
o as the constitution of liberty.
• (c) the pointing out the mode or procedure for ame
nding or revising the constitution. This group has be
en called the constitution of sovereignty
Constitution distinguished
from statute.
(1) a constitution is a legislation from the people's represen
tative;
(2) a constitution merely states the general framework of t
he law and the government, while a statute provides the d
etailed of the subject of which it treats.
(3) a constitution is intended not merely to meet existing c
ondition but to govern the future, while a statute intended
primarily to meet existing condition only.
• (4) a constitution is the supreme of fundamental law of th
e state to which statutes and all other law must conform.
Authority to interpret the
constitution.
(1) even a private individual may interpret or ascertai
n the meaning of particular provision of the constitu
tion in order to govern his own actions and guide him
in his dealings with other persons.
(2) it is evident, however, that only charged with offic
ial duties, whether executive,legistative, or judicial, c
an give authoritative interpretation of the constitutio
n.
•
(a) this function primarily belongs to the courts whos
e final decision are binding on all departments or org
ans of the government, including the legislature.
(b) there are, however, constitutional questions. Whi
ch under the constitution are addressed to the discre
tion of the other department and therefore, beyond t
he power of the judiciary to decide.
•
Purpose in interpreting the
constituion.
The fundamental purpose in constructing constitutio
nal provision is to ascertain and give effect to intent o
f the framers and of the people who adopted or appr
oved it or its amendments.
It is, therefore, the duly of the courts to constantly ke
ep in mind the objectives sought to be accomplished
by it's adoption and the evils if any sought to be prev
ented or remedied.
•