Introduction to the Fundamentals

of Political Science

MODULE 4
THE CONSTITUTION: INSTRUMENT AND SYMBOL
The constitution is not only an effective instrument of government, it is also a symbol of unity,
basic values, customs, and traditions.

Constitutionalism is a doctrine or principle which describes and supports

a constitution as the supreme law of the land. It is an instrument that
provides a system of effective restraints upon political power. In
constitutionalism, the constitution is a citadel keeping government under
restraint to prevent it from becoming arbitrary and tyrannical. It assures the
effective operation of government to protect the rights and liberties of the
people, conserve their customs and traditions, and raise their economic well-
being. Thus, constitutionalism does not only pertain to procedure and
substance, “but also the effective control of large blocs of political power and the
intangible and diffuse values of representatives, symbolism, past tradition and
future aspirations.”

State constitutions differ in substance and form, in a totalitarian state there is hardly no
constitutionalism. Although there is an existing constitution, there is no system of limitation in
the exercise of political power. the rule of men by totalitarian leaders is absolute, undefined and
capricious. It transcends the constitution, reducing it to a meaningless document.

Restraints, therefore, are a heart of constitutionalism. A regime whose actions are not guided by
the constitution is not a constitutional government. A government is constitutional when it is
controlled by the constitution, when the constitution defines and limits the bounds of
governmental authority and provides ways and means for governmental action.

LEARNING OUTCOMES
1. Explain the nature and purposes of constitution.
2. Cite requisites of a good written constitution.
3. Discuss the ways by which the constitution grows and develops.
4. Describe the contents of a written constitution.
5. Explain the means by which the supremacy of the constitution is
safeguarded and upheld.

L
E
What is a Constitution?
S
From a general point of view the constitution of a state refers to a body of fundamental
S laws, rules, customs, norms, standards, and principles according to which the
O government operates and its relations with the citizens are defined. A constitution is a
body of rules or precedents governing the affairs of a state. It, therefore, plays a vital
N role in the political life of the people. Without a constitution, the state would definitely

5 be chaotic. This is because the constitution provides basic definitions of the rights of the
people and the mechanisms for the effective operation of the government for the

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promotion of general welfare and common good. Inasmuch as knowledge of the fundamental
principles of the constitution is essential in understanding and appreciating the role played by
the government in fulfilling its mandates to the people, this chapter is geared towards making
you comprehend basic concepts relating to the country’s fundamental and supreme law – the
constitution.

England is the only country today which subscribes to an unwritten constitution. The English
people consider their constitution as unwritten rather than written because they put more
emphasis on their common usages and traditions. But this does not mean that the British people
look up to their customs and traditions as the only element of their constitution. As a matter of
fact, most of the constitutional principles and concepts of the British are found in ordinary
statutes, judicial decisions, common law, and historical charters. Among the landmarks in the
development of the English constitutional government are the Magna Carta of 1215, the Petition
of Rights of 1682, the Bill of Rights of 1689, the Settlement Act of 1701, the Great Reform Act of
1832, the Parliament Act of 1911, and 1949, and other important charters which are a part of
the whole English constitutional system.

In its simplest sense, a constitution is the fundamental law of the land. It may be a written
instrument or a precise text or series of texts enacted at a given time by a sovereign power; or it
may be the result of a series of legislative acts, ordinances, judicial decisions, precedents, and
customs of diverse origin and of value and importance.

Another point of convergence among the various definitions cited is on the function or purpose
served by a constitution. From these definitions, it can be inferred the following functions of the
supreme or fundamental law of the land:
1. Establishment of the basic framework of government. The constitution identifies and
regulates the specific powers and functions of the executive, legislative, and judicial
branches of the government. There is a need to regulate government’s exercise of its
sovereign powers to preclude it from becoming despotic, oppressive and tyrannical.
2. Regulation of the rights and freedoms enjoyed by the individual for the common good.
This is a very important function served by a constitution. If people’s exercise of their
liberties is not regulated, there shall be chaos, anarchy and public disorder.
3. Protection of the people from government abuses. Our constitution, for instance, protects
the people from possible abuses by the government through the following means.
a. By ensuring that each branch of government exercise only the powers conferred
to it by the constitution;
b. By prohibiting the government from exercising powers infringing the declaration
of principles and state policies; and
c. By specifying the basic rights of the people, which the government has to respect
and safeguard.

A constitution and a statute differ in their content.

Constitution and The former deals with the fundamental principles
Statute Distinguished of a general nature regarding the government, the
latter pertains to specific subjects within the
purview of the legislature’s jurisdictions.
A constitution is made by an extraordinary body of men chosen especially by the people for
the very purpose of drafting a constitution, whereas a statute is made by an ordinary legislature.
A constitution is promulgated to meet not only with present but also future conditions, while
a statute is passed to cope only with present conditions.

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Kinds of There are several ways by which the constitution can be

Constitution categorized.

Based on origin or history, a constitution can either be enacted or evolved.

• Enacted or Conventional – a constitution is drafted and passed by a constituent assembly
or granted by a sovereign to the people.
• Evolved or Cumulative – a constitution which is the product of a long history of usage by
customs, traditions and judicial decisions rather than by formal or deliberate enactment.

As to form, a constitution can either be written or unwritten.

• Written – a constitution either granted by a ruler, or enacted by the legislature, or framed
by a constituent body and ratified by the people.
• Unwritten – a constitution that consists of customs, usages, legal traditions, statutory
legislations and is entirely the product of political growth and development.

As to the mode of amending the constitution, it can either be rigid or flexible.

• Rigid or Inelastic – a constitution that is difficulty to change or alter except by some
special machinery more cumbrous than the ordinary legislative process.
• Flexible or Elastic – a constitution that is easy to amend as it can be altered in the same
way as other laws.

On the basis of the foregoing classifications of the constitution, it can be said that Philippine
Constitution, then and now, is enacted. It is enacted as it was drafted by a constituent assembly.
Aside from being enacted, it is also written because it has a definite written form. Moreover, it is
also rigid, as it cannot be modified except through the procedures stipulated in the constitution.

Requisites of a Good Written Constitution

A good written constitution must possess the following attributes or characteristics:
1. Broadness – inasmuch as the constitution has to outline the organization of the
government, it has to be comprehensive to embody all the essential functions and powers
of the government;
2. Brevity – the constitution has to be brief but concise. It should not be too lengthy or
detailed as the only the essentials of government should be embodied in it. Appropriate
statutes will provide the details that brevity is not violated or debased; and
3. Definiteness – the provisions of the supreme charter of land should be definite and clear
to avoid errors and ambiguity in their interpretation.

Essential Parts of Constitution

From Dannug and Campanilla, a written constitution has three essential parts namely:
1. Constitution of Government – This component of the constitution provides the
framework for the establishment by defining the powers of government and assigning to
executive, legislative and judicial branches of government. In most democracies, the
Constitution provides for the division and distribution of powers and functions of

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government in order to ensure the supremacy of the rule of law, and to safeguard the
rights and liberties of the people from abuse and suppression by men clothed with
political authority. These provisions of the Constitution are referred to as the charter of
government
2. Constitution of Liberty – This part of the constitution specifies the basic rights and
freedoms of the people. These liberties serve as the people’s protection against the abuses
of the government. The bill of rights is an essential part of a democratic constitution. It is
an enumeration of the rights of the people protected and guaranteed by the constitution
from the abuses and oppression of individuals, groups of persons, associations and the
government. In the Philippines as well as in any other democratic country, the bill of
rights is vital to the maintenance of the democratic way of life and traditions. It consists
of the right to due process of law, right to property ownership, freedom of assembly, and
personal rights. These rights and liberties are classified as civil rights, political rights and
rights of the accused person.
a. Civil Rights. Civil right is a right of an individual enforced by the state at the
instance of the individual for the purpose of securing for him the means of
enjoying liberty and happiness. Examples are right to property ownership,
freedom of assembly, freedom of religion, etc.
b. Political Rights. A political right is one enjoyed by an individual which has relation
to his participation in the organization and administration of government.
Examples are the right to vote, the right to run for a public, office.
3. Constitution of Sovereignty – This portion of the constitution stipulates the manner by
the people can exercise their sovereign power to approve, alter, and modify the
fundamental law of the land. Democratic constitutions provide special procedures by
which they are amended. The methods of amending the constitution shall provide an
amount of flexibility of the written constitution. Such flexibility makes the constitution a
meaningful document and a potent instrument for stability and progress. The
amendatory provisions of the Constitution are referred to as the charter of sovereignty.

The Growth and Development of the

Constitution
The constitution is a living institution. It grows so that it can cope more successfully with the
many modern complex problems arising in the state. It does not remain static but adapts itself to
changing needs of the body politic. It is responsive to the challenges and demands of modern
times. What are the ways by which a constitution grows and develops? With respect to the
written constitution, the following are the ways by which it grows or expands:
1. Statutory Elaboration. The constitution consists of general provisions that outline the
general framework of government. Statutes or ordinary laws provide the details of
that framework to make the government more vigorous and powerful. The
constitution may be entirely silent on many important aspects of government and
politics. A good example is the 1973 Philippine Constitution. It does not mention
anything in succession to the national leadership in the event that the President –
prime Minister dies or removed or incapacitated immediately. Although there is a
presidential decree that provides the means and manner of succession, in the long
run succession will be determined by the legislature (Batasang Pambansa).
2. Usage. Usage, although not expressed in the provisions of the constitution, expands
the meaning of the fundamental law. As a matter fact, the making of the constitution
by the framers is influenced greatly by the customs and practices of the people for

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whom the constitution is created. There are political practices which are not found
in the language of the written constitution. And this is true of the Philippine
Constitution and the US Constitution. It has become a practice for political parties to
devise procedures for nominating officially their candidates by means of political
conventions.
3. Judicial Interpretation. According to our constitutional system, the courts play the
important role of interpreting the laws of the land, including the constitution. The
court’s interpretation of a provision of the constitution is the only valid explanation
that can be accepted. Nevertheless, every person must know the meaning and
ascertain the effects of the on his very life. While the executive and the legislative
department may give authoritative interpretation on any provision of the
Constitution, the function of giving a valid interpretation lies with the judiciary most
especially of the government and all individuals or groups affected by the decision.
There are constitutional questions, however, which are political in nature that are
addressed to the political departments of government which are beyond the Judiciary
to resolve. Thus, the expulsion of a foreign dignitary by the President from the
country because of inimical ats is a political question and cannot be passed upon by
courts.
4. Formal Amendment. Formal amendment gives the constitution renewed vitality to
reflect the people’s will and enables the government to meet the challenges of new
conditions for economic and social progress. Formal amendment is to be construed
as a special process of amending the constitution. The Constitution may be amended
by any of the following special processes: (1) by legislative action, that is , by act of
the legislature as a constituent assembly; (2) by act of legislature in proposing
amendments and the submission of the same to the people for their ratification in a
plebiscite held for the purpose; (3) action of a constitutional convention in proposing
amendments and the submission of the same to the people for ratification in a
plebiscite held for the purpose; (4) in federal states, like the United States, the
Constitution is amended by federal Congress proposing amendments and the
submission of the same to state legislatures or state conventions for their ratification;
and (5) by the people through initiative as provided for in Section 2, Article XVII of
the 1987 Constitution.
5. Executive Action. This method of constitutional growth and development can be
explained by making a distinction between formal and effective constitutions. A
formal constitution is one which is explicitly written in a single document,
strengthened by statutes, charter and other written authority sources. An effective
constitution is characterized by emphasis on the actual pattern of operation of the
government, especially that of the executive, in matters of constitutional import
regardless of what the constitution provides, or the law says. The United States
Constitution expressly states that the President may require the opinion in writing of
the heads of the departments on subjects related to the duties of their respective
departments. However, outside the language of the constitution the president has
expanded the fundamental law by creating a cabinet not only to advise him but also
to assist him in the task of administration.

END OF LESSON 5