CONSTRUCTION AND INTERPRETATION OF THE CONSTITUTION

WHAT IS A CONSTITUTION

 Constitution is defined as the fundamental and paramount law of the nation

 It prescribes the permanent framework of a system of government, assigns to the different departments their
respective powers and duties, and establishes certain fixed principles on which government is founded.

 It is a supreme law to which all other laws must conform and in accordance with which all private rights must be
determined and all public authority administered.
 Doctrine of constitutional supremacy: If a law or contract violates any norm of the constitution that law or
contract whether promulgated by the legislative or by the executive branch or entered into by private
persons for private purposes is null and void and without any force and effect.

SELF-EXECUTING PROVISIONS

 A provision which is complete in itself and becomes operative without the aid of supplementary or enabling
legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected.

 In case of doubt, the Constitution should be considered self-executing rather than non-self-executing (GENERAL
RULE), unless the contrary is clearly intended and those provisions declared by the Court as non-self-executing
(EXCEPTION), the provisions of the Constitution should be considered self-executing.
 As a contrary rule would give the legislature discretion to determine when, or whether, they shall be
effective.

 The mere fact that legislation may supplement and add to or prescribe a penalty for the violation of a self-executing
constitutional provision does not render such a provision ineffective in the absence of such legislation. The omission
from a constitution of any express provision for a remedy for enforcing a right or liability is not necessarily an
indication that it was not intended to be self-executing. The rule is that a self-executing provision of the constitution
does not necessarily exhaust legislative power on the subject, but any legislation must be in harmony with the
constitution, further the exercise of constitutional right and make it more available.

 A constitutional provision may be self-executing in one part and non-self-executing in another.

FOOLPRROF YARDSTICK IN CONSTITUTIONAL CONSTRUCTION

 The intention underlying the provision under consideration. Thus, it has been held that the Court in construing a
Constitution should bear in mind the object sought to be accomplished by its adoption, and the evils, if any, sought to
be prevented or remedied.

 A doubtful provision will be examined in the light of the history of the times, and the condition and circumstances
under which the Constitution was framed. The object is to ascertain the reason which induced the framers of the
Constitution to enact the particular provision and the purpose sought to be accomplished.

CONSTITUTIONAL CONSTRUCTION

 Verba Legis. Constitution must be given their ordinary meaning except where technical terms are employed.

 Where there is ambiguity, ratio legis est anima. The words of the Constitution should be interpreted in accordance
with the intent of its framers.

 Ut magis valeat quam pereat. The Constitution is to be interpreted as a whole.

  It is a well-established rule in constitutional construction that no one provision of the Constitution is to be
separated from all the others, to be considered alone, but that all the provisions bearing upon a particular
subject are to be brought into view and to be so interpreted as to effectuate the great purposes of the
instrument. Sections bearing on a particular subject should be considered and interpreted together as to
effectuate the whole purpose of the Constitution and one section is not to be allowed to defeat another, if
by any reasonable construction, the two can be made to stand together.

 Wherever the language used in the Constitution is prohibitory, it is to be understood as intended to be positive and
unequivocal negation. (not sure)