GENERAL CONSIDERATIONS.docx - GENERAL CONSIDERATION u2013...

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GENERAL CONSIDERATION – CONSTITUTIONAL LAW I. General Considerations 1. Scope and Study of Constitutional Law Constitution defined : That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]. With particular reference to the Constitution of the Philippines: That written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic [Malcolm, Philippine Constitutional Law, p. 6]. Purpose . To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded [11 Am. Jur. 606]. A. Political Law Definition: Branch of public law which deals with the organization and operation of the government organs of the state and defines the relations of the state with the inhabitants of its territory.(Sinco, Phil Political Law 1, 11th ed., 1962) Scope of Political Law (Sinco) law of public administration - deals with the organization and management of the different branches of the government, constitutional law – deals with the guaranties of the constitution to individual rights and the limitations on governmental action administrative law – deals with the exercise of executive power. in the making of rules and the decision of questions affecting private rights and the law of public corporations – deals with governmental agencies for local government or for other special purposes. (1) The law of public administration - organization and management of the different branches of the government (2) Constitutional law - guaranties of the constitution to individual rights and the limitations on governmental action (3) Administrative law - exercise of executive power in the making of rules and the decision of questions affecting private rights (4) The law of public corporations - governmental agencies for local government or for other special purposes [Sinco] A.2. CONSTITUTIONAL LAW Designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases. It is the study of the maintenance of the proper balance between the authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. A.3. CONSTITUTION DEFINED (1) The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. [Cooley, The General Principles of Law in the United States of America] 1
GENERAL CONSIDERATION – CONSTITUTIONAL LAW (2) It is the document which serves as the fundamental law of the state; that written instrument enacted by the direct action of the people by which the fundamental powers of the government are established,

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