CONCEPTUAL DEVELOPMENT
The term constitutions is generally synonymous with the phrase "organic law" which is used under the American system with reference to the enabling act, including other acts of fundamental nature in a territory.
The following are just some of the definition for constitution advance by the different authors on the subject:
According to Cooley, constitution is the fundamental law of the state, containing the principles upon which it is founded, regulating the division of the sovereign powers and directing to what persons each of these powers is to be confided, and the manner in which it is to be exercised.
Malcolm and Laurel on the other hand consider a constitution as the written instrument in which the fundamental powers of the government are established, limited and defined, and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.
Constitution is also defined by Borgeaud as the fundamental law according to which the government of the state is organized and agreeably to which the relations of individuals or moral persons to the community are determined. It may be a written instrument,a precise text or series of texts enacted at a given time by a sovereign power; or it may be the more or less definite results of a series of legislation, judicial decisions, precedents, and customs of diverse origin and of unequal value and importance.
In sum, a constitution is the fundamental law that lays down the foundation framework of government and, at the same time, provides for the machinery or agency necessary for the operation of the internal and external affairs of the state.
CONSTITUTION DISTINGUISHED FROM STATUTE
a. A written constitution is legislation emanating from the people themselves, whereas a statute comes from the representative elected by the people.
b. A constitution states general principles and defines the general framework of government and the law while a statute provides the details of the subject treated by it.
c. A constitution seeks to meet not only existing conditions, but at the same time, future circumstances, whereas, a statute confronts present conditions.
d. A constitution is the fundamental law to which all statutes must conform. Thus, where a conflict arises between them, the statute must yield to the constitution.
What purpose does a constitution serve?
A constitution provides the organizational framework of the various agencies necessary to undertake the operation of governmental activities and provides them with the necessary powers which they are to exercise within the bounds of constitutional limitations and, at the same time, define the rights which the individual citizen may exercise and enjoy.
TYPES OF CONSTITUTION
First, as to their origin:
a. Those, like the English Constitution which represents the product of growth through a long period of time;
b. Those, like the Prussian instrument of 1850 or the Japanese Constitution of 1899 or the Italian Constitution of Sardinia, all of which were granted by a ruling prince or monarch; or
c. Those like the Constitution of the United States or the 1973 Philippine Constitution which were adopted by deliberate act of the sovereign people.
Second, as to the type of government which they provide for:
a. Democratic;
b. Aristocratic;
c. Oligarchic;
d. Autocratic.
Third, as to their form:
a. Written, or
b. Unwritten.
Fourth, as to the difficulty of the amending process:
a. Flexible;
b. Rigid.
WRITTEN VS. UNWRITTEN CONSTITUTION
A. WRITTEN CONSTITUTION
Advantages of written Constitution
1. Clearness and definiteness
The provisions embodies in the constitution are prepared with care and deliberation, avoiding thereby uncertainty as to their meaning.
2. Affords protection and guarantees the stability of rights
The constitution provides protection and guarantees the stability of rights, thereby putting them beyond the danger o unpredictable and arbitrary encroachments. They cannot be easily distorted by the lawmaking body or the courts by making it conform to the demands of temporary political convenience.
3. Serves as warning lights to invasion of rights
One of the more important advantages of a written constitution is its facility of serving as a light to make known to the people the danger to their rights and liberties, violations that have become seriously eminent.
4. Serves as a rallying point during political upheaval
In the face of a political crisis resulting from the violation of the written constitution by those who wield arbitrary powers,the fundamental law becomes a rallying point among the watchful for them to band together to destroy the shackles of oppression.
Disadvantages of a Written Constitution
1. Difficulty in the amendatory process
A written constitution invariably makes it difficult to amend its provisions, thereby preventing the introduction o necessary changes in keeping with continuing and dynamic developments in the body politic. This impedes progress that must necessarily follow the tide that makes more significant expatriation in the national life.
2. Legislative initiative deterred
A written constitution lays down the declaration of principles and state policies that are difficult to change, even when some of them have become obsolete and impracticable. This discourages lawmakers from introducing measures to replace these provisions, fully cognizant of the difficulty in the amendatory process therein provided.
B. UNWRITTEN CONSTITUTION
Advantage:
1. Adaptability or flexibility
By reason of its susceptibility to modifications without difficulty, the unwritten constitution makes it much easier to make adjustments to make it conform with the demands of changing conditions in the State. This makes it easier to provide the means for meeting people's clamor for change thereby avoiding the dangers of a possible revolution. Consequently, this will discourage nationwide disobedience and disregard of the constitution.
Disadvantage
1. Unstability
There is no permanence of unwritten constitution, therefore, it becomes unstable. Since it can be altered without much difficulty, it becomes an easy subject of temporary political upheaval. In effect, an unwritten constitution possesses no more than the authority of ordinary customary law. Be in form and in substance, an unwritten law is a mere product of political evolution, not adopted for a specific time.
Sources:
Cooley. Constitutional Limitation
Borgeaud. The Origin of Written Constitution
Aruego-Torres. The New Philippine Constitution Explained
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