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Rule of MaJORITY

The document discusses two key concepts: 1) The rule of the majority, which holds that a majority vote is needed to pass laws and make decisions in government. It provides examples where the Constitution requires majority or supermajority votes. 2) The concept of government by law rather than by men, meaning that no one is above the law, including the government itself. This principle limits government power and requires all people and officials to obey the law.

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Leslie S. Andres
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111 views

Rule of MaJORITY

The document discusses two key concepts: 1) The rule of the majority, which holds that a majority vote is needed to pass laws and make decisions in government. It provides examples where the Constitution requires majority or supermajority votes. 2) The concept of government by law rather than by men, meaning that no one is above the law, including the government itself. This principle limits government power and requires all people and officials to obey the law.

Uploaded by

Leslie S. Andres
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Rule of the

Majority
1. Concepts- the observance of the
rule of the majority is an unwritten
law of popular government.
2. Instances- in many instances,
the rule of the majority is
observed in our government.
Thus under the new Constitution:
a) A majority of all the respective members of the Congress is
necessary to elect the Senate President and the Speaker of
the House of Representatives (Art VI, Sec. 16[1].), and a
majority of all the members of Congress to concur to a grant
of amnesty (Art. VII, Sec. 19.) and to pass a law granting tax
exemptions (Art.VI Sec. 28 [4].)
b) A two-third majority of all its respective members is required
to suspend or expel a member of either House; of all the
members of Congress to declare the existence of a state of
war (ibid.,Sec. 23[2]), to reconsider a bill vetoed by the
President and to call a Constitutional Convention ( Art.
XVII,Sec.3.); and of all the members of the Senate to concur
to a treaty or international agreement ( Art. VII, Sec.21.)and to
render a judgement of conviction in impeachment cases.( Art.
XI, Sec.3[6].)
c) Any amendment to, or revision of, the Constitution may be
proposed by Congress upon a vote of three- fourth of all its
members (Art XVII, Sec 1[1], and it shall be valid when ratified by a
majority of the votes cast in a plebiscite
d) Decision of the Supreme Court en banc have to be concurred in
by a majority of the members who actually took part in the
deliberation on the issues in the case and voted thereon, to
pronounce a treaty, international or executive agreement, or law
unconstitutional xxx. (Art. VIII, Sec. 4). In the Court of Appeals, the
vote of at least the majority is necessary in many cases. Even in
the passage of local ordinance, the rule of the majority is observed.
3. A practicable rule of law- the device of the majority is a practicable
rule of law based on reason and experienced
GOVERNMENT OF LAW AND NOT OF MEN

1. Concepts- by this principle, which is also known and has the


same import as the rule of law ,is meant that no man in this
country– not even the Government– is above or beyond the
law.
2. Exercise of Government power- a government of law, as
contrasted with a government of men, is a limited
government.
3. Observance of the law- the same is true of private
individuals in the community.
4. Significance of the principle- it is basic that laws must be
obeyed by all and applied to everyone—rich or poor, lowly or
powerful– without fear or favor.

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