UST POLI LAW

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Unformatted text preview: l, by law, facilitate the establishment of adequate consultation mechanisms; 4. Article XVII, Section 2 provides that subject to the enactment of an implementing law, the people may directly propose amendments to the Constitution through initiative. PARTS Q: What are the three parts of a written Constitution? A: 1. Constitution of Sovereignty – this refers to the provisions pointing out the modes or procedure in accordance with which formal changes in the Constitution may be made (Art. XVII, Amendments or Revisions) 2. Constitution of Liberty – the series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the power of the government as a means of securing the enjoyment of those rights (Art. III, Bill of Rights) 3. Constitution of Government – provides for a structure and system of government; refers to the provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration and defining the electorate (Art. VI, Legislative Dep’t, Art. VII, Exec. Dep’t, Art. VIII, Judicial Dep’t, Art. IX, Consti. Commissions) 2 AMENDMENT AND REVISION Q: Distinguish amendment from revision. A: AMENDMENT REVISION Isolated or piecemeal change merely by adding, deleting, or reducing without altering the basic principle involved A revamp or rewriting of the whole instrument altering the substantial entirety of the Constitution Q: How do you determine whether a proposed change is an amendment or a revision? A: 1. Quantitative test – asks whether the proposed change is so extensive in its provisions as to change directly the ‘substantial entirety’ of the Constitution by the deletion or alteration of numerous existing provisions. One examines only the number of provisions affected and does not consider the degree of the change. 2. Qualitative test – whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. (Lambino v. Comelec, G.R. No. 174153, Oct. 25, 2006)...
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This document was uploaded on 03/12/2014.

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