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Cwts Module 2

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  University of Saint LouisNATIONAL SERVICE TRAINING PROGRAMCivic Welfare Training Service Understanding Constitution and the 1987 Constitution Meaning of ConstitutionConstitution  is that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. Nature and Purpose of the Constitution 1. Serves as the supreme or fundamental law.  It is binding on all individual citizens and all organs of the government. It is the law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.2.  Establishes basic framework and underlying principles of government.  It prescribes the permanent framework of the system of government and to assign tothe different department or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded. Kinds of Constitution  Origin and History1.Conventional or enacted. One which is enacted by the constitutional assembly or granted by a monarch to his subjects.2.Cumulative or evolved. One which is a product of growth or a long period of development srcinating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.  Form1.Written. One which has been given definite written form at a particular time by a specially constituted authority.2.Unwritten. One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.  Manner of Amending Chapter 2:Understanding Constitution and the 1987 Constitution 4  University of Saint LouisNATIONAL SERVICE TRAINING PROGRAMCivic Welfare Training Service 1.Rigid or inelastic. One regarded as a document of special sanctity, which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.2.Flexible or elastic. One which possesses no higher legal authority than ordinary laws and which may be altered in the way as other laws.Note: The Philippine Constitution is classified as conventional or enacted, written, and rigid or inelastic. Advantages and Disadvantages of a Written Constitution 1.It has the advantage of clearness and definiteness over an unwritten one. This is because it is prepared with great care and deliberation.2.Its disadvantage lies in the difficulty of its amendment. This prevents the immediate introduction of needed changes and may retard the healthy growth and progress of the state. Requisites of a Good Written Constitution  Form1.Brief. In a few provisions, it outlines the structure of the government of the wholestate and the rights of the citizens.2.Broad. It describes the powers and functions of the government, and of the relations between the governing body and the governed as comprehensive as possible.3.Definite. It is clear enough to draw opposing interpretations of essential features of the constitution.  Contents1.Constitution of the Government. This part deals with the framework of government and its power. It also defines the electorate.2.Constitution of Liberty. This sets forth the fundamental rights of the people and imposes certain limitations on the powers of the government as a means of securing the enjoyment of these rights.3.Constitutions of Sovereignty. This points out the mode or procedure of amending or revising the Constitution. Constitution distinguished from statute ConstitutionStatuteIt is legislation from the people.It is a legislation from the people’s representative.It states the general frameworks of the law It provides details of the subject of which itChapter 2:Understanding Constitution and the 1987 Constitution 5  University of Saint LouisNATIONAL SERVICE TRAINING PROGRAMCivic Welfare Training Service and government.treats.It is intended not merely to meet existing conditions but to govern the future.It is intended primarily to meet the existing conditions only.It is the supreme or fundamental law of the land.It conforms with the Constitution. Basic Principles underlying the 1987 Constitution The Constitution is founded upon certain fundamental principles of government which have become part and parcel of our cherished democratic heritage as a people. Among these principles are as follows:1.Recognition of the aid of the Almighty God2.Sovereignty of the People 3.Renunciation of War as an Instrument of National Policy4.Supremacy of Civilian Authority over the Military5.Separation of the Church and the State6.Recognition of the Importance of the Family as the Basic Social Institution and of the Vital Role of the Youth in Nation-Building  7.Guarantee of Human Rights8.Government through Suffrage9.Separation of Powers10.Independence of the Judiciary11.Guarantee of Local Autonomy12.High Sense of Public Service Morality and Accountability of Public Officers13.Nationalization of Natural Resources and Certain Private Enterprises affected with Public Interest14.Non-suability of the State15.Rule of the Majority16.Government of Laws and Not of Men Rule of the Majority The observance of the rule of the majority is an unwritten law of popular government. The wishes of the majority prevail over those of the minority. The devise of the majority is practicable rule of law based on reason and experience. Democracy assumes that in a society of rational beings, the judgment and experience of the few; and hence, that the verdict of the majority will more likely be correct than that of the minority.Chapter 2:Understanding Constitution and the 1987 Constitution 6  University of Saint LouisNATIONAL SERVICE TRAINING PROGRAMCivic Welfare Training Service Government of Law and Not of Men Rule of Law is meant that no man in this country is above or beyond the law. Every man, however high and mighty his position may be, possesses no greater rights than other man in the eyes of the law.Chapter 2:Understanding Constitution and the 1987 Constitution 7
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