Consti 1 Midterm Exam (13 14 17 18).docx

13. What are the rules in constitutional Construction? a. Verbal egis – Whenever possible, the words used in the Constitution must be given their ordinary meaning except when technical terms are employed. b. Ratio legis est anima – The words of the Constitution should be interpreted in accordance with the intent of the framers. c. Ut magis valeat quam pereat- the Constitution has to be interpreted as a whole. If the plain meaning of the word is unclear, it is safer to construe the Constitution from what “appears on its face.” In case of doubt, the provisions should be considered self-executing; mandatory rather than directory; and prospective rather than retroactive. 14. Explain and expound the system of “initiative” as provided in the Constitution. Art XVII Sec 2. Amendments to the Constitution may be directly proposed by the people upon a petition of at least 2% of all the registered voters wherein each legislative district is represented by at least 3% of the registered voters therein. No amendment in this manner shall be authorized within five years following the ratification of this Constitution (1987) nor more often than once every five years thereafter. Two essential elements: a. People must author and sign the entire proposal; and b. Proposal must be embodied in the petition

17. What are the requirements of a Judicial Review? a. Actual case or controversy – a conflict of legal rights, an assertion of opposite legal claims subject to a judicial determination. b. Constitutional question must be raised by the proper party – a proper party is one who has sustained or will sustain a direct injury as a result of the act complained of. c. The constitutional question must be raised at the earliest possible opportunity d. The decision on the constitutional question must be determinative of the case itself (lis mota of the case)

18. Explain the principle of Judicial restraint A theory of judicial interpretation that encourages judges to limit the exercise of their own power in certain cases. As a judicial stance, it is anchored on a heightened regard for democracy. Deference to the majority rule constitutes the flagship argument of judicial restraint which emphasizes that in democratic governance, majority rule is a necessary principle. It nudges the judge who considers democracy as an intrinsic and fundamental value to grant that the discretion of the legislature is large and that he cannot correct any act or enactment that comes before the court solely because it is believed to be unwise. Adherents of judicial restraint warn that under certain circumstances, the active use of judicial review has a detrimental effect on the capacity of the democratic system to function effectively.