Constitutional Law II Midterm Exam Review

CONSTITUTIONAL LAW II MIDTERM EXAMINATION REVIEW: ANSWERS DEFINITIONS/ EXPLAIN: 1. It is a branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. 2. It is the study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights. 3. The 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. 4. An isolated or piece-meal change of provisions in the constitution. 5. A process of rewriting the whole constitution. 6. A process of giving formal consent to validate a constitution. 7. A provision that does not need enabling legislation to become operative. 8. The power of the courts to inquire on the validity of an act; power of the courts to test the validity of executive and legislative acts in light of their conformity with the constitution. 9. One who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of. 10. It is a manner of challenging an act by proving that no matter what circumstances exist, the act is unconstitutional. 11. It is the power of the State to promote public welfare by regulating and restraining the exercise of liberty and property. 12. A measure that is within the scope of the police power; the subject that can be regulated to protect public welfare. 13. It is the acquisition of private property by the government, which could either be physical or implied. Sources: Constitutional Law   by Isagani Cruz, Outline/Reviewer in Political Law   by Antonio Nachura, Black’s Law Dictionary  (9th  (9th Edition), Constitutional Law II Memory Aid 2013 

CONSTITUTIONAL LAW II MIDTERM EXAMINATION REVIEW: ANSWERS 14. Any use directly available to the general public as a matter of right or even if not directly available, so long as the public has an indirect benefit. 15. An action by or at the direction of the government for the benefit of the community as a whole 16. Full and fair equivalent of the property taken from the private owner by the expropriator. 17. It is the method employed by the State to exact proportional contributions from persons and property for the support of government and public needs. 18. It is a tax imposed by the government on imported or exported goods. 19. An aspect of due process that serves as a restriction on the government’s law and rule-making power. 20. An aspect of due process that is a restriction on the actions of judicial and quasi-judicial agencies of the government.

TRUE OR FALSE: 1. True 2. True 3. True 4. True 5. False - the Constitution has three purposes, one of which is to prescribe the permanent framework of a system of government. (11 Am. Jur. 606.) 6. True 7. True 8. True 9. True 10. True

Sources: Constitutional Law   by Isagani Cruz, Outline/Reviewer in Political Law   by Antonio Nachura, Black’s Law Dictionary  (9th Edition), Constitutional Law II Memory Aid 2013 

CONSTITUTIONAL LAW II MIDTERM EXAMINATION REVIEW: ANSWERS ENUMERATION: 1. Purposes of the Constitution •

prescribe the permanent framework of a system of government

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assign to several departments their respective powers and duties

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establish certain first fixed principles on which government is founded

2. Requisites of a written constitution •

broad

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brief

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definite

3. Requisites of Judicial Inquiry •

actual case or controversy

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proper party

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earliest possible opportunity

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necessity

4. Requisites of a Proper Party •

the party has suffered injury intact which can be legal, economic or environmental

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injury must be traceable to the governmental act challenged

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the injury myst be redressable by the remedy being sought by the petitioner

5. Limitations on the exercise of police power •

reasonable

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not arbitrary

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consistent with the Constitution

6. Tests of a valid police power •

lawful subject

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lawful means

7. Requisites in taking in eminent domain (Republic v. Castelvi)

Sources: Constitutional Law   by Isagani Cruz, Outline/Reviewer in Political Law   by Antonio Nachura, Black’s Law Dictionary  (9th Edition), Constitutional Law II Memory Aid 2013 

CONSTITUTIONAL LAW II MIDTERM EXAMINATION REVIEW: ANSWERS •

the expropriator must enter the private property;

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the entry must be more than for a momentary period;

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the entry must be under warrant or color of legal authority;

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the property must be devoted to public use or otherwise informally appropriated or injuriously affected;

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the utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.

8. Limitations on the power of taxation •

equal protection

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due process

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public purpose

9. Requirements of procedural due process in judicial proceedings •

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•

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impartial court/tribunal  jurisdiction hearing  judgment

10. Cardinal principles required in administrative proceedings •

the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof.

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the tribunal must consider the evidence presented.

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the decision must have something to support itself.

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the evidence must be substantial.

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the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.

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the board or body should, in all controversial questions, render its decision in such a manner that the views of a subordinate in arriving at a decision.

Sources: Constitutional Law   by Isagani Cruz, Outline/Reviewer in Political Law   by Antonio Nachura, Black’s Law Dictionary  (9th Edition), Constitutional Law II Memory Aid 2013