Constitution

Written & Unwritten

Constitution
Written Constitution
• Written Constitution is one which is
found in one or more legal
documents duly enacted in a form of
laws. It is the result of the conscious
and deliberate efforts of the people. It
is precise, definite and systematic. It
is framed by a representative body
duly elected by the people at a
particular period in history.
• It is always promulgated on a
specific date in history.
• A written Constitution is
generally rigid and a procedure
separate from that of enacting
ordinary law is provided for its
amendment or revision. In
other words a distinction
between constitutional law and
ordinary law is maintained.
Written Constitution include :
•Political Constitution of 1899
Constitucion Politica de 1899
(Malolos Constitution)

 First basic law of the Philippine Republic.

 Written by Felipe Calderon Y Roca &

Felipe Buencamico.

 After a lengthy debate in the latter part

of 1898 it was promulgate on 21st of
January 1899.
Written Constitution include:
• Constitution of the Philippines
( Saligang Batas ng Pilipinas)

 Supreme Law of the Republic of the Philippines.

 Its final draft was completed by the Constitutional

Commission on October 12, 1986 .

 And was ratified by a nationwide plebiscite on

February 02, 1987 .
Unwritten Constitution
• Unwritten Constitution is one in
which most of the principles of the
government have never been enacted
in the form of laws. It consists of
customs , conventions , traditions ,
and some written laws bearing
different dates . It is unsystematic ,
indefinite and un-precise. Such a
constitution is not the result of
conscious and deliberate efforts of the
people.
• It is generally the result of historical
development. It is never made by a
representative constituent assembly at
a definite stage of history , nor is it
promulgated on a particular date. It is
therefore , sometimes called an
evolved or cumulative constitutions .
• An “Uncodified constitution” is a
constitution made up of rules that are
found from the various documents in
the absence of a single documents.
Countries with Uncodified Constitutions
• New Zeland
 The constitution of New Zealand is a set of
laws and principles that define the country
and its citizens.
 Concerned with the relationship between
the individual and the state, and how
government should function.
 New Zealand relies on several documents
including the Constitution Act of 1986,
Acts of Parliament and court decisions.
 Monarchy with the Treaty of Waitangi is
considered as founding document of the
government.
• Kingdom of Saudi Arabia
Saudi bases its legal system on Sharia
laws derived from the Quran and
Sunnah of Prophet Muhammad.
Sharia law or Islamic law is set of
religious principle which part of the
Islamic culture. Sharia refer to the
revealed law of God and originally
meant “ way ” or “ path ”.
Qualities of Good Written
Constitution
• Clarity or Definiteness:
By clarity and definiteness we mean that
every clause of the constitution should
be written such a simple language, as
should express its meaning clearly.

• Brevity:
The constitution should not be lengthy.
It should contain only important things
and unimportant things should be left
out.
• Comprehensiveness:
It means that the constitution should
be applicable to the whole country or
besides the central government, there
should be mention of the structure
and powers of state or provincial
governments. Mention should also be
made about the important matters
relating to the rights and duties of the
government and the citizens.
• Flexibility:
The constitution should not be too rigid
to hinder the process of amendment
when needed.
• Declaration of rights:
 A good constitution must contain the
fundamental rights of the people. In the
constitutions of countries like India,
Soviet Union, China, France, America,
Japan and Italy such types of
declarations have been made.
• Independence of Judiciary:
Independence of Judiciary is
another quality of a good
constitution. The judiciary
should not be under the control
of the executive and it should
function freely and act as the
guardian of the Fundamental
Rights of the people without
favour or fear.
• Directive Principles of State Policy:
In a good constitution mention must be
made of the Directive Principles of
State Policy, because it helps in the
establishment of a welfare state. These
principles also serve as a beacon for the
government . Through these principles
have been mentioned in a few
constitutions of the world, yet it is
useful and not harmful to mention
them.
Essential part of a Good
Written Constitution
• Provision on Liberty
Provide specific freedom to citizens
& limit the power of the government.

• Provisions on Government
It consists of series of provisions
outlining the org. of the govt.,
enumerating its powers laying down
certain rules relative to its
administration.
• Provision on Sovereignty
Consist of the provision pointing out
the mode with which formal change in
the fundamental law may be brought
about.
Kautusang Tagapagpaganap
Blg. 96 s. 1967

Itinakda ni Pangulong Ferdinand E.

Marcos noong Oktubre 24, 1967 na
nagtatadhanang ang lahat ng gusali,
epedisyo, at tanggapan ng pamahalaan
ay pangalanan ng Pilipino.
 Article 14 ng Saligang
Batas ng 1987
WIKA

Section. 8
Ang konstitusyong ito ay dapat
ipahayag sa Filipino at Ingles at dapat
isalin sa mga wikang panrehiyon Arabic
at Kastila.