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Constitutional LAW is that branch of political law which fixes the organization of government, determines the competence of the administrative authorities who execute the law and indicates to the individual, remedies for the violation of his rights. No act shall be valid however noble its intentions if it is in conflict with the Constitution.
Constitutional LAW is that branch of political law which fixes the organization of government, determines the competence of the administrative authorities who execute the law and indicates to the individual, remedies for the violation of his rights. No act shall be valid however noble its intentions if it is in conflict with the Constitution.
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Constitutional LAW is that branch of political law which fixes the organization of government, determines the competence of the administrative authorities who execute the law and indicates to the individual, remedies for the violation of his rights. No act shall be valid however noble its intentions if it is in conflict with the Constitution.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
Formate disponibile
Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
CONSTITUTIONAL LAW 1 which all persons including the
higher officials of the land must
Layla-Tal Medina defer. No act shall be valid however 2007-67099-1 noble its intentions if it is in conflict Preliminary Considerations-Concept with the Constitution. The of State Constitution must reign supreme.
POLITICAL LAW – is the branch of Concept of State
public law which deals with the organization and operations of the --A community of persons, more or governmental organs of the State less numerous, permanently and defines the relations of the State occupying a fixed territory and with the inhabitants of its territory.1 possessed of an independent government organised for political What is constitutional law? ends to which the great body of inhabitants render habitual Is that branch of political law which obedience. fixes the organization of government, determines the competence of the State, as distinguished from administrative authorities who nation execute the law and indicates to the 1 Philippine Political Law, individual, remedies for the violation Isagani Cruz, p.1 of his rights. The state pertains to a legal concept, while the nation refers What is a Constitution? to a racial or ethnic concept. 1. A Constitution is the fundamental …as distinguished from organic law of a State which contains government the principles on which the government is founded and regulates The government is only an element the division and exercise of of the state. The government is an sovereign powers. agent, and the State is the principal. The government externalizes the will 2. A body of rules and maxims in of the State. accordance with which the powers THE ELEMENTS OF THE STATE of sovereignty are habitually exercised. 1. People- the inhabitants of the state; THE SUPREMACY OF THE their number must not be too small CONSTITUTION as not to be able to defend themselves, and not too great as The Constitution is the most basic they would be difficult to administer. and most paramount law to which all They must be also of both sexes so other laws must conform and to they could also be able to perpetuate themselves. The people may FUNCTIONS develop and share certain The government performs two characteristics such as a common functions—the constituent and language, religion, and a set of the customs and traditions that will unite ministrant. them into a more closely knit entity 1 known as the nation.
2. Territory-fixed portion of the surface of
1. Constituent-constitute the bonds of the earth, inhabited by the people of society. Constituent functions consist the state. The territory must not be of fixing of legal relations between too small as to be unable to provide husband and wife, parents and for the needs of the people; nor children; keeping of order and should it be too large as to be difficult providing protection from violence; to administer. The territory can regulation of the holding, extend to over a vast expanse, like transmission and interchange of China or Russia, or be as small as property; determination of liabilities Abu Dhabi. for debt or crime; determination of contractual rights between COMPONENTS OF TERRITORY individuals; definition and punishment of crimes, administration a. terrestrial domain-the land mass of justice in civil cases; b. maritime or fluvial domain-inland administration of political duties, and external waters privileges, and relations of citizens, c. aerial domain- the air space above and dealings of the state with foreign the land and water. powers, preservation of state from 3. Government- is… external dangers, and the a. the agency or instrumentality advancement of international through which the will of the interests. state is formulated, expressed and 2. Ministrant functions-are those taken to realised. advance the general interests of society—such as public works, public b. the institution or aggregate of charity, regulation of trade and institutions by which an independent industry. society makes and carries out those rules of action which are necessary De Jure and De Facto to enable men to live in a social governments State, or which are imposed upon the people forming that society by A de jure government has those who possess the power or rightful title but no power or control, authority of prescribing them. because it may have been withdrawn or it has not yet actually entered into exercise. On the other hand, a de to or control by a foreign State; that facto government is a government is, the supremacy State as against of fact—it actually exercises power all foreign wills. It is also the power of or control, but has no legal title. the State to direct its relations with other States. 3. Sovereignty- a. means the supreme, Characteristics of a Sovereign uncontrollable power, the absolute 1. permanent right to govern. 2. exclusive 3. comprehensive b. The supreme will of the State, the 4. absolute power to make laws, and enforce 5. indivisible them by all the means of coercion it 6. inalienable cares to employ. 7. imprescriptible
Two kinds of Sovereign Effect of Change of Sovereignty
– The political laws of the former 1. Legal- authority which has the power to issue final commands; the sovereign, whether compatible or not supremacy of a person; the with those of the new sovereign, are possession of unlimited power to automatically abrogated, unless they make laws. are expressly re-enacted by affirmative act of the new sovereign. 2. Political- the power behind Municipals laws remain in force. the legal sovereign; the sum of (Macariola v. Asuncion, 114 the SCRA 77) influences that operate upon it; the power of the people. Laurel vs. Misa Two aspects of Sovereign “Since the preservation of the 1. Internal- which means the supremacy allegiance of the obligation of fidelity of person or body of persons in the and State over the individuals or obedience of a citizen or subject to association of individuals within the his government or sovereign does area of its jurisdiction; the power of not the state to control its domestic demand from him a positive action affairs. but only passive attitude or forbearance from adhering to the 2. External- the absolute independence of enemy by giving the latter aid and one State as a whole with reference comfort, the occupant has no power, to the other States. External as a corollary of the preceding sovereignty is nothing more than the consideration, to repeal or suspend freedom of the State from subjection the operation of law of treason, essential for the preservation of the allegiance of the inhabitants to their legitimate government, or compel them to adhere and give aid and comfort to him; because it is evident that such action is not demanded by the exigiencies of the military service or not necessary for the control of the inhabitants and safety and protection of his army, and because it is tantamount to practically transferring temporarily to the occupant their allegiance to the titular government or sovereignty.” –Justice Felicisimo Feria
2 Doctrine of Parens Patriae -guardian of the rights of the people under certain disabilities