part four
23
acidcowart
collective
sanpablo
pa r t
modes of
constitutional change
I P E R
Changing the Constitution
24
Modes of Constitutional Change
modes
The
1987
Constitution
provided for three ways to change
the constitution. The constitutional
convention mode, the constituent
assembly mode, and the peoples
initiative mode.
A constitutional convention is
composed of duly-elected delegates
of the people. It has plenary powers
and is capable of drafting an entirely
new constitution, if need be.
Congress may, by a vote of twothirds of all its members, call a
constitutional convention, or by a
majority vote of all its members,
submit to the electorate the
question of calling such a
convention.
The constituent assembly is
Congress convened for the purpose
of amending or changing the
constitution. Under the present
constitution, it also has plenary
powers and is capable of drafting an
entirely new constitution. Previous
constitutions
restricted
this
possibility to making amendments
of specific provisions only.
part four
Only a simple majority of both houses
25
Proponents of a constituent assembly
of Congress, voting separately, can convene put forward the following arguments: 1) that
a constituent assembly. However, Congress, Congress has the necessary experience,
upon a vote of three-fourths of all its intellectual capacity, resources, and available
members, may propose amendment to, or time to do it; 2) that it would conserve
revision of, the Constitution.
finances and material resources; 3) that it
can focus its attention specifically on
Amendments to this Constitution may required amendments; and 4) that it can
likewise be directly proposed by the people finish the work quickly.
through initiative upon a petition of at least
twelve per cent of the total number of
On the other hand, they criticize the
registered voters, of which every legislative constitutional convention mode for the
district must be represented by at least three following reasons: 1) convention delegates
per cent of the registered voters therein. may not have enough expertise and
However, there is as yet no Congressional experience for the work; 2) it would be
enabling act for this to occur.
expensive; 3) there is a danger of an
uncontrolled plenary body that may revise
Whatever the way, any amendment or the whole constitution; and 4) it would take
revision shall only be valid when ratified by too long.
a majority of the votes cast by voters in a
plebiscite.
Proponents of a constitutional
convention, for their part, argue for the
The peoples initiative mode is following: 1) the proposed amendments are
effectively blocked by the lack of an enabling of such basic nature that only a body of
law. The current issue therefore, revolves delegates duly-elected for the specific
around whether to hold a constitutional purpose can do the job; 2) participation of
convention or a constituent assembly to the people in constitution-making is more
discuss and draft amendments or a total assured in a convention; 3) Congress should
revision as the case maybe.
I P E R
not do it because it would be affected by
Changing the Constitution
26
Modes of Constitutional Change
There are three ways to
change the constitution,
through a constitutional
convention, a
constituent assembly,
and peoples initiative.
The last mode,
however, has no
enabling law yet.
the proposed changes; and 4) it is a more in Congress; and 4) expenditure is a lesser
democratic, transparent and deliberate concern in the light of the importance of
constitution-making.
process.
They criticize the constituent
After a year-long debate and
assembly mode for the following reasons: 1) positioning on the question of mode of
the influence of traditional politicians with change, there is now a growing consensus
vested interests remains heavy in Congress; for a constitutional convention. Hopefully,
2) legislators did not have the specific the incoming 13 th congress will agree. After
mandate to revise the constitution when they all, the First Political Party conference, the
were elected; 3) constitutional work will Senate, and the President have held for that
aggravate the problem of too little legislation very position.
