Amendment and Revision Flashcards
What is an Amendment?
refers to a change that adds, reduces or deletes without altering the basic principle involved. isolated or piecemeal changes in the constitution
What is a Revision?
implies a change that alters a basic principle in the Constitution.
if the change alters the substantial entirety of the constitution, as when the changes affect substantial provisions of the constitution.
What is the test whether change is an Amendment or Revision?
- QUANTITATIVE TEST: asks whether the proposed change is so extensive in its provisions as to change directly the substantial entirety of the Constitution by the deletion or alteration of numerous existing provisions.
- QUALITATIVE TEST: inquires into the qualitative effects of the proposed change in the Constitution. The main inquiry is whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.
What are the stages in the amendatory process?
- Proposal
2. Ratification
What are the three ways of proposing amendments or revisions?
- Congress acting as constituent assembly
- Constitutional convention
- People’s initiative on the Constitution (RA 6735)
What is a Constituent assembly?
Congress meets in order to directly propose amendments or revisions. Requires ¾ vote of all its members
What is a Constitutional convention
A separate body the members of which are elected decides on the proposed changes to be made.
How do you call a ConCon?
a. Congress directly calls a CONCON by 2/3 vote of all its members.
b. The issue of calling a CONCON may be submitted to the people in a plebiscite by majority vote of all members of Congress.
Does Peoples Initiative apply to a Revision of the constitution>
No. *This applies only to amendments
What is Ratification?
It is where Any proposed change must be submitted to the people in a plebiscite.
