A good constitution must always serve the best interest and welfare of the people and country.This is the reason why the fundamental law must have its roots deep into the past, nurtured in the natural growth of the national life, all embracing and written in the language that faithfully expresses the sentiments and aspirations of the people.
For a constitution nurtured by the people through the years in the course of their political, social, and economic development is generally more stable, more sturdy. Consequently, all the institutions that it provides for the people constituting the natural outgrowth of their national life guarantees their stability. People enjoying the blessings of stability must not venture into experiments.
The past shall be the anchor of the development of constitutional institutions established by the sovereign people themselves. The same should be tested in the crucible of time and safeguarded by them.
The constitution must limit itself to fundamentals. By fundamentals, it means the basic foundation of the government to be organized under the constitution. It should not provide for their details, the implementation of which could be done later after the constitution is adopted and ratified by the sovereign people.
A written constitution is not intended for a specific period of time, its existence must at all times depend upon the will of the sovereign people. The government today may be democratic, but tomorrow it is dictatorial, depending upon circumstances of time and political climate.
The herein mentioned foundations of government may refer to presidential, parliamentary or semi-parliamentary or dictatorial; it maybe unitary or federal; popular or bureaucratic; bicameral or unicameral; centralized or decentralized. It may then provide for the fundamentals with respect to the allocation and distribution of powers upon the proper officials who must exercise them within their respective constitutional limitations.
It may, for instance, create the three main branches of government like the executive, legislative or judicial, but should not provide for the creation of the different bureaus and offices, define their powers and functions, prescribe qualifications, disqualifications of public officers and their salaries. All these matters should be left for determination by the respective agencies of the government thereafter established under the constitution.
The constitutional provisions for the definition of processes of government and administration should be limited to basic fundamentals. The reason for this is obvious. The development of modern technology may render these processes obsolete in time. The details of administration should also be left to the governmental agency set up for their determination.
Only ideals which are expected to be enduring for life must be briefly enshrined in its provisions.
Regardless of the language in which the constitution is written, the words and phrases therein used must be exact and precise. It is necessary to avoid the use of words or phrases that have the same meaning as another, or that these be synonymous.
Ideas embodied in the constitution should be completely satisfactory to all concerned. This is important. Where there is nationwide dissatisfaction of a constitutional provision, this would spell disaster to its very existence. Nationwide disregard of the constitution would render it useless in its force and effect. Where the constitution is not completely satisfactory, a reasonable compromise must be reached that would make possible judicious balancing of competing interests.
Ideas must be constructive, not radical in constitution-making. Superficial knowledge is always dangerous. It promotes radical ideas not fit in the domain of constitution-making.
A constitution must be brief. Only its important outline should be emphasized, its important objects designated, its minor components deduced from the nature of the objects themselves. The meaning of its provisions must be clear with definiteness and particularity. Vagueness always results in opposing interpretations of essential features of the constitution which can only give rise to unpredictable consequences.
It has been said that ambiguous expression in a constitution has been the cause of civil war and disruption of the State. Consequently, it is necessary that a constitution should be broad and comprehensive in its scope because it must outline the organization of the government for the whole state.
A constitution must have three sets of provisions. The first set deals with the framework of the established government, provides for its organizational structure, then apportions the limit of the powers of the governmental organs of the state.
In the 1987 constitution, these matters are embraced in Article VI on the Legislative Department; Article VII on the Executive Department and Article VIII on the Judicial Department.
Included are the following: Article IX on the Constitutional Commissions (Civil Service, Elections, Audit); and Article X on Local Government.
The second set deals with the people's civil and political rights rendered secure against the acts of the government itself. These include Article III on the Bill of Rights; Article IV on Citizenship; Article V on Suffrage and the provisions on economic and social rights, as well as right on education.
The right on education is distributed in Article II on Declaration of Principles and State Policies; Article XII on National Economy and Patrimony; Article XIII on Social Justice and Human Rights;
Article XIV on Education, Science and Technology; Article XV on The Family and Article XVI on General Provisions of the Constitution.
The third set deals with General Provisions, Article XVI, and those relating to Amendments or Revisions of the Constitution.
According to Gardner, a constitution consist of three constitutions, to wit:
a) Constitution of government;
b) Constitution of liberty; and
c) Constitution of sovereignty
According to Sinco, the essential substantive parts of the constitution are the following:
a) A Bill of Rights;
b) Provisions defining, distributing and limiting the powers of government; and
c) Method of Amendments.
Differences relative to parts of constitution is due to obvious reason that the people of different countries differs from each other by their respective historical origins, political institutions and ideological perceptions, including most important of all, the making of their respective written constitution.
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