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Article XVII - Amendments or Revisions

Political Science Presentation
by

Mark Edler Cardenas

on 5 September 2012

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Transcript of Article XVII - Amendments or Revisions

LYCEUM OF THE PHILIPPINES UNIVERSITY
COLLEGE OF COMPUTER STUDIES Name: Mark Edler Cardenas
C/S: Bachelor of Science in Information Technology
S/T/R: Pol Sci 1 / 05:30 pm – 07:00 pm / SHL / TTH
Course Title: Politics and Governance with Philippine Constitution
Professor: Dr. Leon R. Ramos Jr.
Topic: Article XVII – Amendments or Revisions OBJECTIVES:
At the end of my report my classmates should be able to:
1.Define a knowledgeable understanding about the Article XVII – Amendments or Revisions.
2.Know the difference of the two, the amendments and the revisions and their rules to be effective.
3.Clarify the ideas and analysts distinguish between textual change of Constitution by amendment and by revision. DEFINITION OF TERMS:

1. Amendments – this is an alteration of one or a few specific provisions of the constitution.

2. Cha – Cha – “Charter – Change” is constitutional reform in the Philippines refers to the political and other related processes involved in amending or revising the current 1987 constitution of the Philippines.

3. Constituent Assembly – is a body composed for the purpose of drafting or adopting a constitution.

4. Constitutional Convention – is now a gathering for the purpose of writing a new constitution or revising an existing constitution.

5. House Committee – a congressional committee is a legislative sub- organization that handles a specific duty.

6. House of Representatives – is the lower house of the congress of the Philippines.

7. Jus Cogens – is a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted.

8. Legislature – is a kind of deliberate assembly with the power to pass, amend and repeal laws.

9. People Initiative – or “PI” is one of the modes in which the 1987 constitution of the Philippines could be amended.

10. Revision – An examination of the entire Constitution. An act of revising. SUMMARY OF A REPORT
Article XVII stipulates that any amendment to and revision of the constitution my be proposed a three-fourths vote of all the members of Congress and a constitutional convention. The people may likewise propose amendments through an initiative of at least twelve percent of total registered voters. If further states that any amendment or revision is not valid without a ratification by a majority of votes cast in a plebiscite.
Analysts distinguish between textual change of constitution by amendments and by revision. Amendment is “the alteration of an existing constitution by the addition or subtraction of material.” Revision is the replacement of one constitution by another “2 Revision is specifically referenced in the constitutions. The language of much state constitution is not as exercise as is desirable regarding this distinction between amendment and revision.
The amendment clause is an essential part of any written constitution for two reasons. One, the more definite and rigid the provisions of a constitution are the precluding interpretation by the courts the greater is the need for such a clause. Two, the clause serves as a safety valve against violent change or even revolution by providing a procedure for orderly change. The formal amendment process represents a domestication of the right to revolution.
Constitutional change may be formally made either by amendment or by revision.

Providing both for its amendment and for its revision, the constitution renders moot the long standing debate whether it may radically be altered or whether it may only be changed so long as its basic design is retained. The Constitution’s framers adopted the distinction between amendment and revision.

REVIEW OF RELATED LITERATURE
*Background on Constitutional Amendment and Revision of USA*.

Constitution writers are neither infallible nor prescient, so all constitution must anticipate the need for change. Indeed, the process of altering the basic arrangements for governance may itself be salutary for citizens in a democracy. As Thomas Jefferson wrote in 1861, “Each generation [has]… a right to choose for itself the form of government it believes most promotive of its own happiness…”
Constitutional change in democracies occurs in two ways - - either by altering the meaning of the document through interpretation or by altering the text of the document through amendment or revision. Whereas for the United States Constitution, change through interpretation predominates, for state constitution textual change is far more common.
Basic Principles
Experience suggests that constitutional change in the states should be guided by seven fundamental principles:

1.Because constitutional amendment and constitutional revision are not the same, provisions for each should be separate and distinct.
2.Constitutions should provide for at least two means for amendments; one that bypass the existing one institutions.
3.Constitutional revision may be initiated by legislature or without the legislature, but once started revision should proceed in a manner entirely distinct from the legislative process.
4.Sufficient constitutional detail is required defining amendment and revision methods that bypass the legislature to assure that these will be truly available and effective when used.
5.Whether achieved through the legislature or without its participation, procedural requirements for changing the constitution should be more demanding than those for passing ordinary legislation.
6.Constitutional change process should be all treated in the same location in the state constitution.
7.Because all constitutional change should be subject to popular ratification, necessary information must be provided in understandable form to inform public choice.


CARICATURE





http://www.cartoonstock.com/directory/f/first_amendments.asp









http://blog.sciencenet.cn/blog-314423-571916.html
INTERPRETATION:
1.The caricature shows mess room ready for cleaning that represent amendment and a man run for paper work for revision.
2.The man cleaning the house just to remove the mess and to look it good in amendments we just remove or add some details to make it better the first form of law. And for revision a man running for long and arduous road from submission to acception, it reflects that revision is hard to achieve because you are totally changing all the first form of law.
3.The power to amend or revise the constitution is not included in the general grant of legislative power of congress. It is part of the inherent power of the people as the repository of sovereignty in a Republican state. It can not be exercised by Congress unless expressly granted to it in the constitution. CONCLUSION:

1.The Constitution, in contrast to ordinary statute, cannot be too detailed without running the risk of becoming obsolete.
2.The Constitution provides that Congress shall provide for the implementation of the exercise of the right of the people.
3.The creation of the consultative commission and constitutional is presumed valid until declared by the court.
4.To propose amendment to the Constitution, its recommendation may be adopted as proposal by the Congress or the people through initiative.
5.The amendment or revision is proposed by the Congress, as often as it may propose amendments and revisions in accordance with the constitution. RECOMMENDATION:
A thorough study of my report led me to the promotion of the following recommendations:
1.All changes in the constitution of the Philippines should be know by ordinary filipino people by using media.
2.The changes in the Constitution must be fair justice between the powerful and ordinary filipino people.
3.Any changes in the constitution should be useful for long time and help to improve the quality of life of filipino people.
4.All states constitutions permit amendments revision to be formally propose by state legislatures.
5.Study carefully how the best to change the Constitution and whether if it is a good time for some changes. BIBLIOGRAPHY

1.All about LAW and LAWYERS (January 2009)”A VIEW FROM THE TOP
2.Center for state Constitutional Studies _ Rutgers (The State University of New Jersey, at Camden “New Jersey Constitutional Reform.
3.“Amending economic provisions in constitution” By Bernardo M. Villegas September 5, 2011, 1:39 am- Manila Bulletin
4.http://en.wikipedia.org/wiki/Constitutional_reform_in_the_Philippines.
5.http://www.cartoonstock.com/directory/f/first_amendments.asp
6.http://blog.scientist.cn/blog-314423-571916.html EVALUATION
Mastery 40%
Content 30%
Visual Aid 20%
Personality 10%




Submitted by: Submitted to:

Mark Edler Cardenas Dr. Leon Reyes Ramos Jr.
Bachelor of Science in Information Technology Professor








Final Grade
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