Constitution and

Constitutionalism
Constitution
 
In its broad sense, the term
constitution refers to “that body of
rules and principles in accordance
with which the powers of
sovereignty are regularly exercised”
as thus defined, it covers both
written and unwritten constitutions.
With particular reference to the
Constitution of the Philippines, it
may be defined as the 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 or
function of constitution.
 
1. Serves as the supreme or fundamental
law- A constitution is the character
creating the government. It has the status
or a supreme or fundamental law as it
speaks for the entire people from whom it
derives its claim to obedience.
 
2. Establishes basic
framework and underlying
principles of government-
The constitution is also
referred to as the organic
basic law being or relating to
the law by virtue of which
the government exists as
such.
3. Designed to protect the
basic rights of the people-
The constitution is primarily
designed to preserve and
protect the rights of
individuals against the
arbitrary actions of those in
authority.
Constitutional Law
 
Maybe defined as the branch of
public law which treats of
constitutions, their nature,
formation, amendment, and
interpretation.
 
It refers to the law embodied in the
constitution as well as the principles
growing out of the interpretation and
application made by the courts
(particularly the Supreme Court,
being the court of last resort) of the
provisions of the constitution in
specific cases. Thus, the Philippine
Constitution itself is a brief but the
law of constitution lies scattered in
thousands of Supreme Court
decisions.
Kinds of
Constitution
Constitutions may be classified
as follows:
 
As to their origin and history:
 
a. Conventional or enacted- one
which is enacted by a
constituent assembly or granted
by a monarch to his subjects like
the constitution of Japan in 1889
 
b. Cumulative or evolved-like
the English Constitution, one
which is a product of growth
or a long period of
development, etc. rather than
from a deliberate and formal
enactment.
 
As to their form:
 
a. Written- One which has
been given definite form at a
particular time, usually by a
specially constituted
authority called a
“constitutional convention”
b. 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.
As to manner of amending them:
 
a. 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
b. Flexible or elastic- One
which possesses no higher
legal authority than ordinary
laws and which may be altered
in the same ways as other
laws.