Pre-Midterm Memory Aid For Constitutional Law 1

 

Preliminary Examination For Constitutional Law 1  – E.H. 401

Memory Aid for Constitutional Law I   Constitutional Law 

Unwritten Constitution Consists of rules which have not been integrated into a single, concrete for but are scattered in various sources such as statutes, judicial decisions,

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

customs and traditions and common law principles.

Conventional Constitution An enacted constitution, formally struck off at a

Political Law 

It is the branch of obligations public law which with the organization and of the deals various instrumental organs of the state and defines the relationship of the state and the inhabitants of its territory.

definite time andtaken placeby following a conscious or  deliberate effort a constituent body or  ruler. Cumulative Constitution The result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.

THREE INHERENT POWERS OF THE STATE 1. 2. 3.

Police Power  Power of Eminent Domain Power of Taxation

Rigid Constitution One that can be amended only by a formal and usually difficult process

Pervasive Power 

Flexible Constitution One that can be changed by ordinary legislation

Philippine Constitution  According to Cooley: “ T h e b o d y o f r u l e s a n d ma x i m i n a c c o r d a n c e wi t h wh i c h   t h e p o we r s o f s o v e r   eignty are habitually exercised”   eignty 

“The Philippine Constitution is written, conventional and rigid”   Advantage It has the capacity to withstand capricious changes of those who are in power.

According to Justice Malcolm: “The written instrument e n a c t e d b y d i r e c t a c t i o n o f t h e   p e o p l e b y wh i c h t h e f u n d a me n t a l p o we r s o f t h e   g o v e r n m e n t a r e e s t ab ab l i s h e d , l i mi t e d a n d d e f i n e d , a n d b y   wh i c h t h o s e p o w e r s a r e d i s t r i b u t e d a mo n g t h e s e v e r al al   d e p a r t me n t s f o r t h e i r s a f e a n d u s e f u l e x e r c i s e f o r t h e   b e n e f i t o f t h e  body politic”  

Disadvantage If there is a legitimate need, the Constitution will impede progress “The Constitution cannot be amended by the exigent passage of a law by Congress, because the Constitution is superior to any and all laws and laws passed p assed by Congress is inferior to the Constitution” 

PURPOSE OF THE CONSTITUTION:

a. b. c.

To prescribe the permanent framework of a system of government To assign to the several departments their  their  respective powers and functions To outline the ba basic sic principles up upon on which the government or state must govern

ESSENTIAL QUALITIES OF A WRITTEN W RITTEN CONSTITUT CONSTITUTION ION BROAD

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“The Constitution merely recognizes and protects these rights and does not bring them into existence” 

things within the territory of the State and so it could also embody the past, reflect the present and to anticipate the future. It must be comprehensive enough to provide for  every contingency. BRIEF  Provides for the basic principle leaving some details susceptible for the legislation as may be enacted by Congress. DEFINITE/CLEAR  To avoid ambiguity in its provisions that may result to confusion and divisiveness among the people.

“No act shall be valid, however noble its intentions, if it conflicts with the Constitution” 

Why do we have to study the Philippine Constitution  To know how our delegates are acting whether  or not they are acting in accordance to our  Constitution  The study of Constitution is mandatory pursuant to art.14, sec.3, par.1 of the 1987 Constitution CLASSIFICATION CLASSIFICAT ION OF CONSTITUTIONS

ESSENTIAL PARTS OF A WRITTEN CONSTITUTION

Written Constitution -

So it can provide for the organization of the entire government and covers all persons and

Constitution of L i b e rty    Bill of Rights: Sets forth the civil and political rights of the people

Its precepts are embodied in one document or  set of documents. 1

 

Preliminary Examination For Constitutional Law 1  – E.H. 401

PROCESS OF AMENDING or REVISING THE CONSTITUTION

Constitution of G o v e r n m e n t      Refers to the part of the Constitution which provides for the framework for the organization of the government, sets forth the powers of the government: a. Article 6: Legislative Branch b. Article 7: Executive Branch c. Article 8: Judiciary d. Article 9: Various constitutional commission

 Article 17, Sections Sections 1,2,3 and 4 of the 1987 Cons Constitution titution

Stages of Amendment or Revision 1. Proposal It is at this stage that the proposed amendments or revisions are being formulated. 2.

Constitution of So ve re i g n ty   Consists of the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about.

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PROPOSAL STAGE

Who can Propose Amendments or Revisions? CONGRESS  ¾ votes of all its members  The HOR and Senate voting separately

RULES IN CONSTITUTIO CONSTITUTIONAL NAL CONSTRUCTION

Verbal Legis  

Ratification It is at this stage the proposed amendment or  revision would be submitted to the people for  approval or ratification.

It means that in interpreting the provisions in the Constitution that the words used there in must be interpreted in their ordinary or literal sense except where technical terms are used.

Congress must transform itself as a Constituent  Assembly: The reason for this is because its primary task now is to propose p ropose amendments or revisions to the Constitution By transforming itself into a “ConAs”, Congress in effect would propose amendments not in the exercise of its ordinary legislative function but it is performing special powers to propose the change in fundamental law of the land. Composed of members of Congress

Ratio Legis Et Anima  If there are ambiguities in interpreting the provisions of the 1987 Constitution then we must delve into the intent of the lawmakers behind its enactment. ( F r ancisc ancisc o vs House of Repr esentatives)  

Ut Magis Valiat Cuam Periat  The provisions of the Constitution which deals with the same subject matter must be construed or  interpreted altogether so as to give meaning and effect to the same provisions.

CONSTITUTIONAL CONVENTION 

( Bayan vs Z amor a)  

This body is composed of members elected by the people particularly for the Constitutional Convention

Who can call a “Constitutional Convention”?  Convention”?  

Self-Sustaining/Executing Provisions Self-Sustaining/Executing  The Constitution does not need any statutory implementation  The Constitution does need to enabling laws for it to be effective

(Article 17, Sec. 3)

a.

Congress    A Constitutional Convention may m ay called by congress upon 2/3 of all its members; the House of Representatives and Senate voting separately.  

b.

Delegate to the People     The congress may delegate the question of calling a “Constitutional Convention” to the people by a majority of vote. 

 AMENDMENT or REVISION

 Amendments  These are isolated changes in some provision/s in the Constitution and this can be done by adding, subtracting or deleting a portion of the provision therein.  Piecemeal change

Can Congress while calling a Constitutional Convention  pass another law prescribing prescribing how “ConCon” work works s by  majority vote?

Revision  This is the complete rewriting or overhaul of the Constitution.  Also refers to isolated changes in the Constitution that would drastically alter the basic principles underlining the Constitution.

Yes, this is allowed: “According to the Supreme Court, any such later  e n a c t me n t d o n e b y Co n g r e s s b y a s i mp l e ma j o r i t y v o t e   i s v a l i d s i n c e wh a t i s i mp o r t a n t i s t h a t t h e c r e at at i o n o f t h e   Co n s t i t u t i o n a l Co n v e n t i o n i s d o n e i n a c c o r d a n c e wi t h   wh a t i s p r e s c r i b e d i n t h e 1 9 87 87 Co n s t i t u t i o n f u r t h e r m o r e , t h e f o l l o wi n g e n a c t me n t s d o n e b y Co n g r e s s a r e o n l y   supplet  ory laws”  ( Imbon ory Imbon g vs COMELEC)   2

 

Preliminary Examination For Constitutional Law 1  – E.H. 401

RATIFICATION RATIFICATIO N STAGE

How do we regard the Constitutional Convention as compared to the other body of government?

 Article 17, Section Section 4

Ratification must be held not earlier than 60 days and not later than 90 days.

 According to Frantz vs. Aurtry: Aurtr y: “It is independent and coequal with the other body of 

When will the period start: a. Congress or Constitutional Convention  As of the date of approval for the proposed amendment.

g o v e r n m e n t a s a l o n g a s i t c o n f i n e s i t s e lf lf wi t h i n t h e   sphere of its jurisdiction”  

When is the best time to call for a C o n s t i t u t i o n a l   Convention  ? 

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For revision or complete overhaul of the Constitution At the end of the day, the matter of calling a constitutional assembly is addressed to the sound discretion of congress whether or not the changes proposed are for revision or  amendment only.

b.

For People’s Initiative  Initiative  The period will start from the day the proposed amendment is found sufficient in form or substance.

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In this stage the proposed amendments or revision would be voted upon by the people in a plebiscite called for that purpose.

When is it proper to call for a C o n s t i t u e n t A s s e m b l y  ?  For amendments and piece-meal changes in the constitution

May ratification be held simultaneously with a general election? Yes (Gonzales vs. COMELEC) 

Can congress call for a Constitutional Convention and at the same time propose amendments to the Constitution? Yes, ruling of the Supreme Court:

“According to the Supreme Court, in as much as the law or the Constitution mentions only of an election without distinction as to what kind of election is that, then could not make a distinction” distinction”  

“While it is not practicable for congress to call a constitutional convention and at the same time propose amendments to the constitutional body itself, there is nothing in law which would prevent the congress from doing both”  both” 

“Rule as of now, that any ratification may be validly done simultaneously with a general election election” ” 

May there be a piece-meal submission of proposed  amendments for ratification to the people?

( Gonzales vs. COMELEC)  

PEOPLE’S INITIATIVE  INITIATIVE  (Article 17, Section 2 of the 1987 Constitution)

No (Tolentino vs. COMELEC) 

Limitations of People’s Initiative: Initiative:

“There can never be a piece-meal piece -meal submission of  amendments for ratification by the people”  people”  

The people initiative would only apply to amendments and never to revisions. The petition to amend the constitution must be supported by at least 12% of the registered

PROPOSAL vs. REFERENDUM (Sanidad vs. COMELEC) Referendum  This is the process of getting the consensus of the

voters of the Philippines provided that each and every administrative district is represented by at least 3% of the registered voters therein. The petition must be signed by the people themselves and cannot be done on their behalf. The proposed amendatory provision must be incorporated on the petition itself. The system on people’s initiative cannot be exercised within 5 years following the adoption or ratification of the 1987 Constitution. It cannot be availed of more than once every 5 years following thereafter. There has to be a law to govern the system on people’s initiative. Congress has to provide the regulations on the implementation of this

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public in a particular public issue. Consultative in nature

Plebiscite  This is associated to the process of approving or  ratifying the proposed amendments or revision to the Constitution.  It has something to do with the approval or  disapproval of amendments or revision to the Constitution for a particular law.

Can the Supreme Court or any Courts of Law review  the amendatory process or the observance thereof? Or is this issue a Political Question? “The current rule is that courts of law particularly the Supreme Court can now review the amendatory process to determine whether or not the amendatory process as enshrined in Article 17 of the Constitution is properly observed. It is no longer considered a political question” question ” 

system. The system of  people’s  people’s initiative can only be used for amendments and never for revision.   3

 

Preliminary Examination For Constitutional Law 1  – E.H. 401

“The Supreme Court has jurisdiction jurisdiction to review review the amendatory process for amendments or revision however t h e wi s d o m o f t h e p r o p o s e d a me n d me n t s   ”  r e ma i n s a s a p o l i t i c a l q u e s t i o n  

Judicial Review If the question deals with the legality of an act then this may not be considered a purely political question and so this can reviewed by courts of law.

POWER of JUDICIAL REVIEW

Power of Judicial Review Refers to the power of courts of law or courts of   justice to check the validity of legislative or  executive acts in light to its conformity to the

Who can exercise Judicial Review? Review?    Article 8, Section Section 5 , paragraph 2 (a): - T h e S u p r e me Co u r t i n c l u d i n g t h e L o we r Co u r t s h a s    ju ri s di c ti on on all c as es in w h ic h c o n s ti tu ti o n al it y o r  v a l i d i t y o f a n y t r e a t y , i n t e r n at at i o n a l o r e x e c u t i v e   agreemen t, law, presid ential decree, pro clamatio n, order, instruction, ordinance or regulation is in  question.

provisions of the Constitution. -

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According to to Article  Article 8, Section 1 (2)  (2)   “The power of courts of justice to settle actual controversies involving rights which are legally enforceable and demandable and to determine whether or not there has been a grave abuse of  discretion amounting to lack or excess of   jurisdiction of any branch or instrumentality instr umentality of  the government”  government” 

  This means that lower courts can validly review  on the constitutionality of a law, however lower  court decisions may still be appealed at the Supreme Court.  Court. 

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 Appeals - This is a continuation of the proceeding that happened in the court below.

According to to Article  Article 8, Section 1 (1)  (1)   The courts of law can now review the acts of the legislative or executive branch to determine whether or not these branches acted with grave

Certiorari - This is an independent civil action.

abuse of discretion amounting to lack or excess of jurisdiction.

Quasi-Judicial Body or the Ombudsman Cannot validly review or tackle questions regarding the constitutionality or validity of a law.

SUPREMACY of THE CONSTITUTION (Article 8, Section 4 (2), of the 1987 Constitution)  Vests upon the Supreme Court the power to decide all cases involving the constitutionality of a treaty, international or executive agreement or law which must be decided by the Supreme Court En Banc including the constitutionality application and operation of  presidential decrees, proclamation, orders, ordinances, instructions and other  regulations.

(Serrano vs. Gallant Maritime) DECLARATORY RELIEF (Pursuant to Section 3, Rule 63, of the 1997 Rules of Civil Procedure)

No t i c e mu s t b e s e n t t o t h e Of f i c e o f t h e S o l i c i t o r Ge n e r a l   ( OS G) if if wh a t i s i n v o l v e d i s a q u e s t i o n r e g a r d i n g t h e v a l i d i t y   o r i n v a l i d i t y o f a l a w.

T h e S u p r e me Co u r t i s n o t s u p e r i o r t o o t h e r b r a n c h e s o f t h e   g o v e r n m e n t s i n c e i t i s o n l y e x e r c i s i n g i t s d u t y a s ma n d a t e d   b y t h e p r o v i s i o n s o f t h e Co n s t i t u t i o n . T h i s i s c o n s i d e r e d a n   .  i n d i c a t i o n o f t h e s u p r e ma c y o f t h e Co n s t i t u t i o n  

JUDICIAL REVIEW vs. POLITICAL QUESTION

It is the Office of the Solicitor General which would defend the interest of the state since they are ones entrusted to act as the counsel for the state.

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Must be filed only at Regional Trial Court, this cannot be filed directly to the Supreme Court of  Court of Appeals If questioning the constitutionality of  National Laws  There should be a notice to the OSG 

Political Question  Those questions which under the Constitution, are to be decided by the people in their  sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislature or executive branch of  government.  It is concerned with issues dependent upon the wisdom, not the legality of a particular measure.

If questioning the constitutionality of  Local or  Provincial, Municipal or City Ordinance  There should be a notice sent to the provincial, municipal or city attorney so they can be notified of the petition and they can participate in the proceedings.  proceedings.  

(Tañada vs.question Cuenco) If the pertains to the wisdom of an act -

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If it is a purely political question then it is beyond the arbiter of judicial review 4

 

Preliminary Examination For Constitutional Law 1  – E.H. 401

FUNCTIONS of POWER OF JUDICIAL REVIEW 1.

To check the validity of the executive or  legislative acts in light with the 1987 Constitution. (Os m eña vs. COM EL EC)  

Exceptions:

1. 2. 3.

Legitimating/ Legitimizi Legitimizing ng Function

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3.

should be dismissed outright.

Checking Function

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2.

General Rule: In any case that is moot and academic

The determination of whether the particular  agency or department concerned has stayed

4. 5.

within its own limitations sphere of authority constitutional projectedobserving for actionsthe within such sphere, or whether it has trespassed into the zone of immunity or privacy guaranteed to individuals by the Constitution.

Proper Party

a.

Citizen Suit Petitioner assailing the citizen suit must have incurred injury directly caused by the questioned law.

b.

Taxpayer Suit The petitioner must be able to establish that the questioned “act” involves illegal disbursement of  public funds and that the illegal disbursement of  public funds is done in connection with the taxing or spending power of Congress.

Symbolic Function

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Grave and culpable violation of the Constitution. Paramount Public Interest If there is a need need for formulation of controlling doctrines for the guidance of the bench and the bar. Capable of repetition yet evading review. Issue is ripe for adjudication.

To enunciate or to promulgate sound doctrine to guide the bench and the bar.

Can courts of law automatically exercise Judicial  Review?   Review? No, since courts of law including the Supreme Court is considered passive instruments, in that they only function when their jurisdiction is invoked. Any courts of law cannot exercise its power of  Judicial Review without being invoked by the proper property.

Ot h e r wi s e , e v e n i f t h e a c t a s s a i le le d o f i n v o l v e s t h e i l l e g al al   disbursem ent of public funds but there is no show ing that it  i s d i r e c t l y c o n n e c t e d wi t h t h e t a x i n g o r s p e n d i n g p o we r o f   c o n g r e s s t h e n t h e a c t i o n ma y b e d i s mi s s e d s i n c e i t i s n o t a   proper action of taxpayer suit.

(Kilosbayan vs. Morato)

ESSENTIAL ESSENTIA L REQUISITES for a JUDICIAL REVIEW

c. There must be an actual case or controversy. The question of constitutionality must be raised by the proper property. The Constitutional question must be raised at the earliest possible opportunity.

(Francisco vs. HOR; Senate vs. Office of Executive Secretary)

The decision of the Constitutional question must be decisive or the or the very “lis mota” of the case.  case.  -----¤¤¤-----

d.

Actual Case or Controversy

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(Loida Nicolas-Lewis, et. al vs. COMELEC)

Exceptions: 1. The issue if the Transcendental Importance  Importance   The issue is accompanied with paramount or  important public interest.

Declaratory Relief  (Rule 63 of the 1997 of Rules of Civil Procedure)

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Voter Suit The petitioner assailing this legal standing must be to establish questioned “act” or  lawable infringes his rightthat as the a voter.

This means that there should be an actual conflict or  claims or conflicting claims of authority susceptible to adjudication before the courts of law can validly exercise its power of judicial review. Any hypothetical question will not satisfy the requirement.

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Legislator Suit In this action, it is necessary that the member of  congress must show that the questioned “act” infringes his legal right and prerogatives as a legislator.

If there is a contract, a will, a deed, a written instrument, a law or ordinance for that matter anybody may file a petition to have his right declared. Petitions for declaratory relief are not hypothetical questions since the contract, will, deed, written instrument, law or ordinance already exists, what the petitioner only wants is that his right r ight be acknowledge in the particular subject matter.

2.

A matter of Public of Public Right  Right 

3.

The questioned act is instituted by way of Facial of  Facial Challenge Assailing the questioned statute as being vague or cannot be easily understood and that ordinary man will be confused as to the legal meaning of  the statute.

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Preliminary Examination For Constitutional Law 1  – E.H. 401

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3.

Assailing that the questioned statute has a scope which is too broad such that the law would appear as valid to the petitioner but there is a good chance that it would be invalid if  assailed by another person. This can only be instituted if the questioned law deals with freedom of speech or freedom of  expression.

Any issue regarding the jurisdiction of the tribunal may also be raised at any time during the trial except after final judgment the petitioner is already barred due to the rule of estoppel.

The Issue must be determinative or the very “Lis Mota” of  the case  case 

 As a Rule: Out of respect to the other branches of government, courts of law should refrain or avoid from ruling on the issue of validity or invalidity of a law.

Can the government question the validity of its own laws?   laws? Yes (People vs. Vera) 

EFFECT of DECLARATION of UNCONSTITUTIO UNCONSTITUTIONALITY NALITY

“The government has the legal standing to questions its own laws, and this is only practical for the government g overnment to see to it that the laws enacted are valid since the government is considered the protector of the people under the Doctrine of Parens Patriae” Patriae” 

Two Effects: a.

The Orthodox View

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Does IBP have a legal standing in questioning a law  since it is an organization who is supposedly for the upholding of the rule of law?  law?  No (IBP vs. Zamora) 

 Article 7 of the Civil Code:  An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all.

“The Supreme Court ruled that IBP has no legal standing to bring the petition on the pretext that it is an organization tasked to uphold the rule of law without establishing that any of its members suffered an injury directly caused by the questioned “act” or law”  law”  

b.

What happens if the petition is assailed by a person without a legal standing?  standing?   It is dismissed outright.

Operative Fact Doctrine The effect of the law prior to its invalidation must be respected.   respected.

Which doctrine should we apply in a given case?   Orthodox View  This view is applied when the validity of a law is questioned immediately after it became effective.

I n t h e c a s e o f I n Re : S a tu tu r n i n o B e r mu d e z   

- The petition w was as dismissed outright since Bermudez does not have any legal standing on the case for he is not claiming the position of the president which is the one he is questioning about.

Operative Fact Doctrine  This view will govern when the law is questioned of its validity only after some time or years after its passage or enactment, taking into consideration that the law has already taken effect which must be respected.

Raised at Earliest Opportunity at a Forum with Jurisdiction 

Any question dealing with the validity or invalidity of  a law must be raised in the initiatory pleading as

either a complaint or a petition; otherwise the question cannot be concerned anymore at the succeeding trial or by appeal.  It must also be raised in a forum which has the competence to rule the validity or invalidity of a law. Exceptions: 1. Criminal Proceeding: The question dealing with the validity or  invalidity of law may be raised at the sound discretion of the judge. 2.

The law is declared void in ab initio

PARTIAL UNCONSTITUTIO UNCONSTITUTIONALITY NALITY

Requisites: This will happen if there is a legislative intent to retain the valid provisions of the law and this is found on the “ Se p a ra b i l i ty C l a u se ”  found on the law itself. The remaining provisions must be able to independently stand on their own. Se p a ra b i l i ty C l a u se  

Civil Proceeding: Any question dealing with the validity or  invalidity of a law may be raised at any stage of  the proceeding if such issue is crucial or 

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This provides that if any of the provision a law is declared invalid then the other remaining parts thereof shall remain valid.

If the questioned provision is the heart and soul of  the law or it is the be-all-and-end-all of a law then if it is declared unconstitutional, the result will be to invalidate the whole law.  law. 

determinative of the case.

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Preliminary Examination For Constitutional Law 1  – E.H. 401

CONCEPT OF THE STATE 

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State  A community of persons, more or less numerous, permanently occupying a fixed territory and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience.  The legal concept  Is an ideal person, invisible, intangible, immutable and existing only in contemplation of  the law

Government 



From viewpoint of International Law   - No particular form of government is prescribed, provided only that the government is able to represent the State in its dealings with other States. From the viewpoint of our Constitution  Constitution   - It requires our government to be democratic and republican.

There can be a nation, witho ut a state. But there can never be  a s t a t e , wi t h o u t a n a t i o n .

Function of the Government:

ESSENTIAL ELEMENTS OF THE STATE  

People

2. 3. 4.

Territory Government Sovereignty

Constituent Function: This constitutes the very bonds of society and therefore compulsory. Ministrant Function: Those undertaken to advance the general interests of society.

People  

Refers to the inhabitants of the State It is generally agreed that they must be numerous enough  enough to be self-sufficing and to defend themselves and small enough  enough to be easily administered and sustained. The people must come from both sexes  sexes  to be able to perpetuate themselves.

T o o u r S u p r e me Co u r t , t h e d i s t i n c t i o n b e t we e n c o n s t i t u e n t   a n d mi n i s t r a n t f u n c t i o n s i s n o t r e l e ev vant in our jurisdiction.

Parens Patriae Guardian of the rights of the people De Jure & De Facto Government

Territory 



The agency or instrumentality of through which the will of the State is formulated expressed and realized. It is the perfect agent of if it is acting within the sphere of its agency but a lawless usurper if it’s acting outside of its function.

Nation  Indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs.  This is a racial or ethnic concept

1.

The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousands of islands.  islands.  

The fixed portion of the surface of the earth inhabited by the people of the State. It must neither be too big to be difficult to administer and defend nor too small  small as to be able to provide for the needs of the population.

De Jure Government: It has the rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof.

Components of Territory: Terrestrial Domain - the landmass Maritime & Fluvial Domain – Domain – inland and external  waters  Aerial Domain – Domain  – the air space above the land  and waters

De Facto Government: It is considered government in fact, that is, it actually exercises or control but without legal title. Three Kinds of De Facto Government  1. The government that gets possession and control of, or usurps, by force or by the voice of  the majority, the rightful legal government and maintains itself against the will of the latter. 2. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

 Archipelago Doctrine This states that we must connect the outermost points of our archipelago with straight baseline and consider all the waters enclosed thereby as internal waters.  waters.  

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Preliminary Examination For Constitutional Law 1  – E.H. 401

3.

That which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force.

 Act of State  An act done by the sovereign power of a country, or by its delegate, within limits of the power vested in him.  This cannot be questioned or made the subject of legal proceedings in a court of law.

 Administration  The group of persons in whose hands the reins of the government are for the time being.

Example:    An act done by the political departments of the government are not subject to judicial review. 

A d m i n i s t r a t i o n i s t r a n s i t i o n a l wh e r e a s t h e g o v e r n me n t i s   p e r ma n e n t .

S o v e r e i g n t y i s p e r m a n e n t , ex ex c l u s i v e , c o mp r e h e n s i v e , a b s o l u t e , i n d i v i s i b l e , i n a l i en en a b l e a n d i mp r e s c r i p t i b l e .

Sovereignty 

Du r i n g a b e l l i g e r e n t o c c u p a t i o n , wh a t t h e o c c u p a n t t o o k o v e r   wa s o n l y t h e e x e r c i s e o f a c t s o f s o v e r e i g n t y . T h e r e b e eii n g n o   change of sov ereignty during a belligerent occupation, the  p o l i t i c a l l a ws o f t h e l a n d i s o n l y d e e me d s u s p e n d e d , s u b j e c t   to the revival upon the end of the occupation.

The supreme and uncontrollable power inherent in a State by which that State is governed.

Legal Sovereignty The authority which has the power to issue commands

No n - p o l i t i c a l l a ws a r e d e eme eme d t o c o n t i n u e u n l e s s c h a n g e d   by the belligerent occupant.

Political Sovereignty The power behind the legal sovereign or the sum of the influences that operate upon it.

T h e r u l e s u s p e n d i n g p o l i t i c a l l a ws a f f ec ec t s o n l y t h e c i v i l i a n   inhabitants of the occupied territory and is not intended to  b i n d t h e e n e mi e s i n a r ms .

Internal Sovereignty Refers to the power of the State to control its domestic affairs.

Judicial decisions are also valid during the occupation and  e v e n b e y o n d e x c e p t t h o s e o f p o l i t i c a l c o mp l e x i o n .

External Sovereignty/ Independence The power of the State to direct its relations with other States

Wh e n t h e r e i s a c h a n g e o f s o v e r e i g n t y , t h e p o l i t i c al al l a ws o f   t h e f o r me r s o v e r e i g n a r e n o t me r e l y s u s p e n d e d b u t   abrogated.

------------------------ ***Nothing Follows***----------------------

There is something you must always remember... You are braver than you believe, Stronger than you seem,  And smarter than you think.

~Winnie the Pooh

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