Consti 1, Module 1.1

Which of the following best describes the function of a constitution according to Cooley’s definition?

• A constitution is a written document that outlines the duties of the judiciary in a state.

• A constitution is the legal framework that prescribes how the powers of sovereignty are to be habitually exercised within a state.

• A constitution is an unwritten set of rules that guides the conduct of political leaders in a state.

• A constitution is primarily concerned with detailing the rights of individual citizens against the state.

In the context of a constitution’s purposes, which of the following most accurately captures the relationship between the distribution of powers and the foundational principles of government?

• The distribution of powers among the branches of government is a procedural necessity, unrelated to the foundational principles such as the rule of law or separation of powers.

• The assignment of powers and duties to different branches of government primarily aims to establish administrative efficiency, with no significant connection to the foundational principles.

• The constitution’s distribution of powers among various branches is directly linked to the foundational principles, such as the rule of law and separation of powers, ensuring that no single branch can dominate or undermine the core values of governance.

• The constitution serves primarily as a symbolic document that reflects the historical context of its creation, with little influence on the practical distribution of powers or the application of foundational principles.

Which of the following statements most accurately describes the classification and adaptability of constitutions based on their form, origin, and flexibility?

• A written, enacted, and rigid constitution like the Philippine Constitution offers greater stability and clarity but may face challenges in adapting to new circumstances due to its stringent amendment process.

• An unwritten, evolved, and flexible constitution, such as that of the United Kingdom, lacks formalized rules and is therefore unsuitable for providing a stable legal framework, despite its ease of amendment.

• A rigid constitution, regardless of whether it is written or unwritten, is characterized by its ability to be easily amended through ordinary legislative processes, ensuring it remains adaptable over time.

• An enacted constitution, whether rigid or flexible, is always superior to an evolved constitution because it is the result of a deliberate, formal process, providing clear guidance on all aspects of governance.

Which of the following best captures the relationship between the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty?

• The Constitution of Liberty primarily focuses on the organization of government, while the Constitution of Government ensures that civil rights are protected, and the Constitution of Sovereignty is concerned with checks and balances.

• The Constitution of Government delineates the fundamental rights of individuals, the Constitution of Liberty defines the processes for constitutional amendments, and the Constitution of Sovereignty outlines the structure of government.

• The Constitution of Liberty sets forth civil and political rights and limits government powers, the Constitution of Government organizes the structure and functions of government and ensures checks and balances, and the Constitution of Sovereignty establishes the procedures for amending the constitution, reflecting the principle of popular sovereignty.

• The Constitution of Sovereignty primarily protects individual freedoms, the Constitution of Liberty outlines the amendment process, and the Constitution of Government ensures the limitation of governmental powers.

Which of the following best illustrates the application of the principle “Ut Magis Valeat Quam Pereat” in constitutional interpretation?

• Interpreting a constitutional provision by giving the words their ordinary meaning, ensuring that the Constitution remains accessible to the general public.

• Considering the intent of the framers when the language of the Constitution is ambiguous, in order to align the interpretation with the purpose behind the provisions.

• Reading and interpreting the Constitution as a cohesive document, ensuring that no provision is interpreted in a way that would render another provision ineffective or meaningless.

• Applying a strict textual approach to interpretation, focusing solely on the exact words of the Constitution without considering external factors such as the framers’ intent or the broader context.

Which of the following best explains how the principles of democracy and republicanism are reflected in the Philippine Constitution?

• The Constitution establishes that the government has the ultimate authority to govern, with the people serving as advisors who provide input but do not directly influence decision-making.

• The Constitution asserts that sovereignty resides in the people, who exercise their power through direct participation in all government decisions, bypassing the need for elected representatives.

• The Constitution declares that sovereignty resides in the people, and this sovereignty is exercised through elected and appointed officials who represent the people, embodying the principles of representative democracy and ensuring that all government authority emanates from the people’s consent.

• The Constitution provides for a system where government authority is derived primarily from historical and cultural traditions, with limited input from the general populace in the governance process.

Which of the following statements best illustrates the principle of republicanism as manifested in the Philippine Constitution?

• The principle of the rule of law in a republican state ensures that government officials can pass irrepealable laws to maintain stability and continuity in governance.

• The separation of powers in a republican state ensures that each branch of government operates independently, without the need for cooperation or checks and balances, to prevent conflicts of interest.

• In a republican state, the rule of the majority determines election outcomes, but this principle also allows the possibility for the candidate with fewer votes to be declared the winner under exceptional circumstances.

• The accountability of public officials, the prohibition against irrepealable laws, and the separation of powers are key manifestations of republicanism, ensuring that the government operates within the bounds of law, remains accountable to the people, and prevents the concentration of power in any single branch.

  Correct Answer:

Which of the following best reflects the principle of the rule of law as established in the case of Villavicencio vs. Lukban?

• The rule of law allows government officials to exercise their discretion in certain situations, even if it means bypassing established legal procedures, as long as it serves the public interest.

• The rule of law ensures that government officials, while empowered to interpret laws, can only act within the legal boundaries set by the Constitution and cannot justify actions outside of those boundaries, regardless of their intentions.

• The rule of law requires that government officials be given broad powers to maintain order and stability, with the understanding that their actions, even if outside legal norms, are protected if they claim to act in the state’s interest.

Which of the following best illustrates the principle of separation of powers, particularly focusing on the role of the judiciary in a republican state?

• The judiciary has the power to create laws when the legislative and executive branches fail to address critical issues, ensuring that no branch of government is left without authority.

• The judiciary’s role is to enforce the decisions of the executive branch, even if those decisions contradict the Constitution, as long as they are justified by the need for efficient governance.

• The judiciary ensures that the executive and legislative branches act within their constitutional limits by interpreting laws and invalidating any actions that violate the Constitution, thereby upholding the separation of powers.

Which of the following scenarios best demonstrates the principle of checks and balances in a republican government?

• The President unilaterally implements a new law without the need for legislative approval or judicial review, ensuring swift governance in times of crisis.

• The legislature passes a law, but the President exercises the power to veto it, and the judiciary has the authority to review the law’s constitutionality if challenged, illustrating the interdependent mechanisms that prevent any single branch from dominating.

• The judiciary drafts legislation in response to executive overreach, ensuring that the judicial branch maintains its authority over both the legislative and executive branches.