Understanding Constitutional Commissions: Their Role And Relevance

A constitutional commission is a body of commissioners appointed by a government for the purpose of making or revising a constitution. These commissioners are typically experts, though in countries governed by military regimes, they may be actual or alleged experts whose opinions align with the government. Constitutional commissions are independent bodies that perform important functions like overseeing elections, auditing government expenditures, and handling civil service matters. They are independent of the three traditional branches of government (the Executive, the Legislative, and the Judiciary).

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A constitutional commission is a body appointed by a government to make or revise a constitution

A constitutional commission is a body of commissioners appointed by a government for the purpose of making or revising a constitution. Commissioners are typically experts, though in countries governed by a military regime, they may be selected based on their political opinions aligning with those of the government. A constitutional commission may be advisory or preparatory to another body or a referendum.

For example, in 1985, a Constitutional Commission was established by the Hawke Labor government to review the Australian Constitution. The eventual referendum questions were not supported, leading to the lowest 'yes' vote count for any referendum in Australia.

In the Philippines, there are three Constitutional Commissions established in the Constitution: the Civil Service Commission, Commission on Elections, and Commission on Audit. These commissions are independent bodies tasked with overseeing elections, auditing government expenditures, and handling civil service matters. They have fiscal autonomy, protected terms, and their members can only be removed by impeachment.

The 1987 Constitution of the Philippines does not place the task of amending the Constitution on constitutional commissions. Instead, this task falls to the Constitutional Convention, the Constituent Assembly, or the People's Initiative.

Commissioners are typically experts, but political opinions may influence their selection

A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. Commissioners are typically experts, but political opinions may influence their selection. For example, in countries under a military regime, the commissioners may be actual or alleged experts whose political opinions align with those of the government.

In the Philippines, the 1987 Constitution established three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. These commissions are independent of the three main branches of government (the Executive, the Legislative, and the Judiciary) and are tasked with vital government functions. Commissioners are appointed by the President of the Philippines with the consent of the Commission on Appointments. They serve a term of seven years without reappointment, ensuring continuity and institutional memory.

The Civil Service Commission is responsible for promoting a merit-based and service-oriented bureaucracy, overseeing the recruitment, development, and discipline of civil servants, and formulating policies for civil service administration. The Commission on Elections enforces laws related to elections, plebiscites, initiatives, referendums, and recalls, ensuring free and fair elections. The Commission on Audit examines and audits government expenditures and manages the use of government resources.

The commissioners are expected to possess proven integrity and independence, in addition to professional qualifications relevant to their specific commission. They are generally prohibited from holding any other office or employment during their tenure to prevent conflicts of interest and ensure dedication to their official duties. The commissions have fiscal autonomy and their members can only be removed through impeachment, providing stability and independence in performing their critical roles.

In summary, while commissioners are typically experts, political opinions can influence their selection, particularly in countries with military regimes. The Philippine constitutional commissions, as outlined in the 1987 Constitution, provide a framework for independent bodies to carry out essential government functions with qualified commissioners who serve fixed terms. These commissions play a crucial role in upholding accountability, fairness, and non-partisanship in governance and public service.

Commissions are independent bodies that perform vital government functions

A constitutional commission is a body of commissioners appointed by a government for the purpose of making or revising a constitution. Commissioners are typically experts, though in a country governed by a military regime, the commissioners may be chosen based on their political opinions aligning with those of the government. A constitutional commission may be advisory or preparatory to another body or a referendum.

Constitutional commissions are independent bodies that perform vital government functions. They are independent of the three main branches of government: the executive, the legislative, and the judiciary. These commissions are intended to uphold accountability, fairness, and non-partisanship in areas critical to governance and public service. Commissioners are generally disallowed from holding any other office or employment during their tenure, preventing conflicts of interest and ensuring devotion to their official functions.

The three constitutional commissions established in the Philippines' Constitution are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. The Civil Service Commission is responsible for promoting a merit-based and service-oriented bureaucracy, ensuring that appointments and promotions are based on merit and fitness. It oversees the recruitment, development, and discipline of civil servants. The Commission on Elections is tasked with enforcing and administering all laws related to elections, plebiscites, initiatives, referendums, and recalls. It ensures free, orderly, honest, peaceful, and credible elections. The Commission on Audit has the power and duty to examine, audit, and settle all accounts pertaining to the revenue, receipts, expenditures, and use of government funds and property.

The members of constitutional commissions are appointed by the President with the consent of the Commission on Appointments. Commissioners serve a term of seven years without reappointment, staggered to ensure continuity. Commissioners must possess proven integrity and independence, as well as professional qualifications relevant to their specific commission. They generally hold fixed terms and can only be removed for specific causes provided by law, such as impeachment for constitutional officers. The commissions have fiscal autonomy, with their approved annual appropriations automatically released, safeguarding them from budgetary manipulation.

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They are separate from the three traditional branches of government

A constitutional commission is a body of commissioners appointed by a government for the purpose of making or revising a constitution. Commissioners are typically experts, though in a country governed by a military regime, they may be chosen for their alignment with the opinions of the government. A constitutional commission may be advisory or preparatory to another body or a referendum.

Constitutional commissions are independent bodies, separate from the three traditional branches of government: the executive, the legislative, and the judiciary. This separation is intended to uphold accountability, fairness, and non-partisanship in areas critical to governance and public service.

In the Philippines, there are three constitutional commissions outlined in Article IX of the 1987 Constitution: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. These commissions are independent bodies tasked with important functions, such as overseeing elections, auditing government expenditures, and handling civil service matters.

The Civil Service Commission is responsible for promoting a merit-based and service-oriented bureaucracy, ensuring that appointments and promotions are based on merit and fitness. It also oversees the recruitment, development, and discipline of civil servants. The Commission is composed of a Chairman and two Commissioners, all of whom are appointed by the President with the consent of the Commission on Appointments.

The Commission on Elections is tasked with enforcing and administering all laws related to elections, plebiscites, initiatives, referendums, and recalls. It works to ensure free, orderly, honest, peaceful, and credible elections. The Commission on Elections is headed by a Chairperson and six Commissioners, maintaining a central office and field offices across the Philippines.

The Commission on Audit has the power and duty to examine, audit, and settle all accounts pertaining to the revenue, receipts, expenditures, and use of funds and property owned or held in trust by the government or any of its subdivisions, agencies, or instrumentalities. This includes auditing constitutional bodies, autonomous state colleges and universities, and government-owned corporations and their subsidiaries.

Each of these commissions has fiscal autonomy and protected terms, with members only removable by impeachment. They promulgate their own procedural rules and decide cases by majority vote.

Examples include the Civil Service Commission and Commission on Elections

A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. These commissioners are typically experts, though in countries governed by military regimes, they may be selected for their alignment with the opinions of the government. A constitutional commission may be advisory or preparatory to another body or a referendum.

Constitutional commissions are independent of the three main branches of government: the executive, legislative, and judicial branches.

In the Philippines, the Civil Service Commission, Commission on Elections (COMELEC), and Commission on Audit are the three constitutional commissions outlined in Article IX of the Philippine Constitution. They are independent and perform vital government functions. The Civil Service Commission advises on the selection and appointment of candidates to posts in the local service. The Commission on Elections enforces all laws and regulations relative to the conduct of elections in the Philippines.

The Civil Service Commission in the United States was a government commission that oversaw the merit-based selection system for federal civil service employees. It was established under the Pendleton Civil Service Reform Act of 1883. The commission was later decentralized and replaced by the U.S. Office of Personnel Management, the Merit Systems Protection Board, and the Federal Labor Relations Authority under the Civil Service Reform Act of 1978.

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