Some Question on Constitution

Manila Bulletin, August 23, 2005 | Go to article overview

Some Question on Constitution


SINCE the 1987 Constitution will be amended, it would be well that this Constitution be fully overhauled to come out with a new Constitution without the need to call for another amendment in the near future while our political development and paradigm are rapidly changing to cope with the social needs of the nation. With this in view, the 50 members to be nominated as members of the officially formed Consultative Commission will have to study, review, and recommend to President Arroyo and Congress what in our present Constitution should be amended. Although, the Commissions timetable is to do their work from Sept. 15 to Dec. 31 this year is limited, they may have to answer to our people on whether the newly amended Constitution has anticipated all possible political problems that may arise in our country later.

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In this regard, the forthcoming Consultative Commission should consider the following questions. Their answers could be anticipatory to what our people will be asking to evaluate the future applicability of the new Constitution. Here are the questions:

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How does the parliamentary type of government conflict with the principle of separation of powers?

If the commission considers the parliamentary government better than the presidential type, why do they think so?

How do you account for the wide variation of the constitutions in different countries?

Practically all present-day national constitutions contain guarantees of civil rights. What determines how effective these guarantees are?

Should not the Constitution define what are civil rights, human rights, and political rights and make a complete list to differentiate them?

Like Constitutions of other countries, cannot our Constitution permit the "suspension of constitutional guarantees"? What could be the arguments for and against such a provision?

Different countries use some means to assure the enforcement of constitutional provisions. Will the commission compare the effectiveness of each of those countries means as against the means our Constitution uses, if ours has a provision to that effect? …

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