Changing the constitution

Chapter 5                                     

                                Changing the constitution

 AMENDMENTS FROM REVISION

Amendments

-only a part or parts of the constitution is/are change.

-its intention is to improve or add a new provision or delete an existing one.

Revision

-changing or rewriting the entire constitution.

-its intention is a reexamination of the entire document or places a structural change.

STEPS IN CHANGING THE CONSTITUTION

Congress- is basically a legislative body not a constituent body. It needs to pass a resolution to itself into a constituent assembly.

Constitutional convention- members of a constitutional convention are elected by qualified votes. The delegates or members are the direct representatives of the people in framing the fundamental law.

Electorate- this refers to the qualified voters through popular initiative.

Two steps for amendments or revision

1.   There must be a proposal of amendments or revision.

2.   Ratification or approval of the people.

Pros and cons on constitutional change

1.   It is excessively lengthy and verbose (cruz 1991). The US constitution has seven article only. The Philippines has eighteen.

2.   It was hastily written by the appointed members of the constitutional commission and incautiously ratified by the people to normalize the transition from dictatorial to democratic law.

3.   It is no longer responsive to the many changes that happens in the country and to the global community.

4.   It is a transitional constitution aiming for the return to democracy from marcos’ authoritarian rule like the like the 1935 constitution that brought the Philippines from a commonwealth government into a republic.

Accordingly some of the amendments needed are:

1.   Changing of the form of government from the presidential to parliamentary

2.   Election of senators by regions to correct the unbalanced representation in the senate

3.   Returning of police control of the local government

4.   The return of a two-party system. The multi-party system has caused confusion in the electoral system and is likely to elect a minority president.

5.   Reversion to the safer provision that the government has the prime duty to protect people and the state.

6.   To allow foreign investor to own land and operate public utilities such as transportation electricity and telecommunications.

reflection:  this means that the government should change the constitution for the better outcomes of the constitution and revise some policies and rules that will make more effective to the people.