political-law-reviewer-albano INC.pdf - 1 Chapter I GENERAL...

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1 Chapter I GENERAL PRINCIPLES Q. — What is political law? ANS. Political law is that branch of public law which deals with the organization and operations of the governmental organs of the State and de nes the relations of the State with the inhabitants of its territory. (Macariola vs. Asuncion, 114 SCRA 77; People vs. Perfecto, 43 Phil. 887). Q. — What is constitutional law? ANS. It is the study of the maintenance of the proper balance between authority as represented by the three (3) inherent powers of the State and liberty as guaranteed by the Bill of Rights. Q. — What is a Constitution? ANS. A Constitution is the fundamental organic law of a State which contains the principles on which government is founded, and regulates the division and exercise of sovereign powers. (16 C.J.S. Note 1, p. 20). It is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Political Law, Neptali A. Gonzales, 1966 Edition, p. 61, citing Cooley, Constitutional Limitations, 8th Ed., p. 4). Q. — Are there any distinctions between a Constitution and a statute? ANS. Yes. A Constitution is a legislation direct from the people; a statute is a legislation from the people’s representatives. A Constitution states general principles; a statute provides the details of the subject of which it treats. A Constitution is intended not merely to meet existing conditions; a statute
POLITICAL LAW REVIEWER 2 is intended primarily to meet existing conditions only. A Constitution is the fundamental law of the State to which all other laws and statutes must conform. (Neptali A. Gonzales, Political Law, citing Malcolm, p. 61). Q. — Is the Constitution a conferment of powers or a limi- tation of the same? ANS. It is both a conferment of powers and a limitation of the same. The Constitution allocates powers to the three (3) de- partments of the government. It also provides for limitations on the exercise of such powers, like the provisions of the Bill of Rights. Q. — What are the essential parts of a written Constitu- tion? ANS. They are: (1) Constitution of liberty which provides for the civil and political rights of citizens and the limitations on the powers of government to secure those rights; (2) Constitution of government which provides for the or-

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