Friday, July 2, 2010

Statutory Construction and Political Law

I spent the entire day reading Chapter 5 of Constitutional Law 1 about the fundamental principles and state policies. I was able to get the idea of each topic but I struggled a little bit on the technical areas that is beyond the scope of Constitutional 1 first semester. We kicked off the discussion on the Preamble, I seriously thought Atty. Castro would call up someone to recite the entire preamble-he didn't. I memorized it, but i doubt if I can deliver completely without glancing at the book. I was Relieved that he went straight to explaining the significance of the preamble.
He then talked us through about the state as a DEMOCRATIC government that is tempered by its Republican attribute [Section 1, Article II]. As otherwise it is noteworthy that the sovereignty resides on the people, but the Philippines is not characterized as purely democratic that the people governs themselves. Atty. Castro simply means that our government serves the people as mere representations and for the renovation with respect to the promotion of public welfare and his common good.
Quoting abraham lincoln's famous phrase" the government of the people, by the people and for the people [shall not perish from the earth]." On this note, the people was obliged to invoke a positive act to RATIFY the constitution making it a SOCIAL CONTRACT which can be seen as the surrendering portion of sovereign power by entrusting its fate upon the important constitutional agencies [government; element of the state] that individually have their own functions independent with each other as distinguished with the BLENDING OF POWERS and the SEPARATION OF POWERS. Our state is a government of laws NOT of men.
There is of course this crucial process of electing the members of the Senate and Congress employing the RULE OF MAJORITY OR MERE PLURALITY.
Section 4 (The Defense of the State) gets me thinking how powerful the law is as it implements orders and the intent of each provision is strongly administered. As a sovereign nation it is the people's responsibility as well as the AFP to protect our state from external threats to national security. It was stated in the Political law book that the Section 4 provision is based upon the inherent right of every State to existence and self-preservation.

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