Political Law

Political law is branched out from public law which focuses on the functions of the governmental organs of the state determining the relationship between the inhabitants and the state.

The Political law is broadly categorized as constitutional law, administrative law, and law of public affairs, law on municipal corporations, and elections law.

The constitutional law concentrates on maintaining a proper balance between authority as mentioned by the three inherent powers of the state and liberty.

On the other hand administrative, which is again branched out public law, focuses on the competence of the administrative authorities. It fixes the organizations and thereby decides the administrative authorities’ competence in executing the law. It also a point out the remedies for violation of an individual’s right.  

The basis of the political law is the 1987 constitution and also 1973 and 1935 constitutions. The organic law of the Philippines has got its impact in the political law. The US Consitituions and the Statute with its judicial decisions have laid the basis for the political law.

Constitution is considered as the fundamental law of the State. It is a document which is has got a body of rules and exercised by the power of sovereignty.

The written tool is the base for the establishment of fundamental power and the distribution of the powers to several departments.  There are unwritten instruments which have no concrete form but are spread in various forms.

Constitution is considered as the paramount law without which no act could be valid.  Even the highest official must go in hand with the constitution. It is given supreme importance which demands everyone to obey the law and neglects other act which stands in conflict with the constitution.

Preamble:

In the political law, the preamble sets the scope and the purpose of the constitution. However, it is not considered as the source of power. In Philippines the manifestation of the sovereign will of the Filipino people is being witnessed and preserved by the preamble.

People power:

The constitution in the Political law recognizes the people power. According to it the people can directly come up and establish law or they can approve or reject any act or law which is passed by the Congress. Section 32, Article VI of the constitution emphasizes on it.

Another Arcticle XVII under section 2 through which amendments can be proposed to the government by the people. But there should be an initiative which should have petition of twelve per centum of the registered voter on the whole.

Questions:

• What is the focus of political law?
• What is the role of constitution in the political law?