The Constitution

 


The Constitution

 

Constitution

·         written instrument by which the fundamental powers of government are established, limited and defined, and by which the powers are distributed among several departments for their safe and useful exercise for the benefits of the body politics.

Types of Constitution:

1.       Written constitution – provisions are all contained in a single document.

2.       Unwritten constitution – provisions are not contained in a single document but rather in different documents which are considered as part of the fundamental law of the land.

3.       Conventional or enacted constitution – formulated by a constitutional convention that is called to draft the constitution.

4.       Cumulative or evolved constitution – not drafted by a positive act of the state but it developed as a part of the history of the nation.

5.       Rigid or inelastic constitution – cannot be easily amended unless such amendment is provided for by the constitution itself 6. Flexible or elastic constitution – can be easily changed anytime.

Parts of a Constitution

1.       Constitution of Government – refers to those provisions which set up the governmental structure specifically Articles VI, VII, VIII, IX and X of the 1987 Constitution.

2.       Constitution of Liberty – provisions which guarantee individual fundamental liberties against governmental abuse specifically provided in Articles III, IV, V, XII, XIII, XIV and XV of the 1987 Constitution.

3.       Constitution of Sovereignty – refers to the provisions which outline the process whereby the sovereign people may change the constitution. Provided in articles XVII and II Section 1 of the 1987 Constitution.