Jonah Patel
A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. Commissioners are typically experts, though in some countries, they may be selected for their alignment with the opinions of the ruling regime. Constitutional commissions are independent of the three main branches of government and are responsible for a range of duties, including the enforcement of election laws, the examination and auditing of government accounts, and the appointment of officials.
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What You'll Learn
Commissioners are appointed by governments
In the Philippines, for example, the 1987 Constitution established constitutional commissions as governmental bodies independent of the three main branches of government. These commissions include the Commission on Elections (COMELEC), the Commission on Audit, and the Civil Service Commission. The Chairman and Commissioners of these bodies are appointed by the President and confirmed by the Commission on Appointments for a term of seven years without reappointment. They are responsible for enforcing election laws, deciding election-related cases, examining and auditing government accounts, and appointing officials.
In Australia, a Constitutional Commission was established in 1985 by the Hawke Labor government to review the Australian Constitution. The commissioners were appointed to serve a specific purpose and provide recommendations for constitutional changes.
Similarly, in India, the Election Commission, including the Chief Election Commissioner and other Commissioners, is appointed by the President to supervise all aspects of elections and ensure they are free and fair.
The composition and appointment process of commissioners can vary depending on the country and the specific commission. For example, in the Philippines, members of constitutional commissions must be natural-born citizens, at least 35 years old, college graduates, and lawyers with a certain number of years of practice. In some cases, as seen in the Australian example, a constitutional commission may be established to serve a specific purpose for a limited duration, while in other cases, commissions may have a more permanent role in governing the country.
Overall, commissioners are appointed by governments to fulfill specific roles and responsibilities, often related to law enforcement, policy-making, or governance, with the goal of achieving fairness, transparency, and efficiency in various aspects of public administration.
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Commissioners are typically experts
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, although in countries governed by a military regime, the commissioners may be actual or alleged experts whose political opinions align with those of the government.
For example, in 1985, a Constitutional Commission was established by the Hawke Labor government to review the Australian Constitution. However, it was seen as too partisan, leading to the lowest 'yes' vote count for any referendum in Australia.
Constitutional commissions are independent of the three main branches of government: the legislative, executive, and judicial branches. They have various powers and duties, including examining and auditing government accounts, enforcing election laws, and deciding election-related cases. Commissioners are appointed for a term of seven years without reappointment and cannot be removed or suspended except for reasons provided by law.
In the Philippines, the Commission on Elections (COMELEC) is an independent constitutional body that plays a crucial role in ensuring free and honest elections and protecting the popular will of the people. It is composed of a Chairperson and six Commissioners, who are appointed by the President. Similarly, the Commission on Audit in the Philippines is responsible for examining, auditing, and settling accounts of government revenues and expenditures.
Constitutional commissions are an important aspect of governance, providing expertise and independence in the creation, revision, and interpretation of constitutions. They help uphold democratic values and ensure that the government embodies the ideals and aspirations of its people.
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Commissioners advise or prepare for another body or referendum
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 actual or alleged experts whose political opinions align with those of the government.
Constitutional commissions are independent of the three main branches of government and are not responsible for amending the constitution. That task falls to the Constitutional Convention, the Constituent Assembly, or the People's Initiative, which are the three constitutionally sanctioned methods of amending the constitution.
Constitutional commissions can be advisory or preparatory to another body or to a referendum. For example, in 1985, a Constitutional Commission was established to review the Australian Constitution. However, it was seen as too partisan, leading to the lowest 'yes' vote count for any referendum in Australia in 1988.
The Philippine Constitution also has several independent constitutional bodies, such as the Commission on Elections (COMELEC), which ensures free and honest elections and protects the popular will of the people. The COMELEC is composed of one Chairman and six Commissioners, who are appointed by the President for a term of seven years. Similarly, the Commission on Audit is composed of a Chairman and two Commissioners, who are appointed by the President to examine, audit, and settle accounts of government revenues and expenditures.
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Commissioners have powers and duties
In India, the Election Commission, led by the Chief Election Commissioner, supervises all aspects of elections, including preparing electoral rolls, conducting elections, receiving election petitions, and recognising political parties. The Chief Election Commissioner can only be removed through the same process as a Supreme Court judge, and the commission has wide-ranging powers to ensure free and fair elections.
In Australia, a Constitutional Commission was established in 1985 by the Hawke Labor government to review the Australian Constitution. While this commission did not have the power to amend the constitution, it played a role in proposing changes that were then put to a referendum.
The powers and duties of commissioners can vary depending on the country and the specific commission. However, they generally relate to enforcing and administering laws, making decisions on disputes or cases, and ensuring fair and transparent processes, such as in elections or financial matters. Commissioners are typically appointed for a fixed term and are independent of the executive branch, with their own fiscal autonomy.
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Commissioners enforce and administer election laws
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. These commissions may be advisory or preparatory to another body or a referendum.
In the Philippines, the Commission on Elections (COMELEC) is an independent constitutional body that ensures free and honest elections and protects the popular will of the people. COMELEC is composed of one Chairman and six Commissioners, who are appointed by the President for a term of seven years. They must be natural-born citizens, at least 35 years old, college graduates, and lawyers with 10+ years of practice. Their powers include enforcing election laws, deciding election-related cases, registering political parties, investigating fraud, and recommending measures to minimize election spending.
In India, the Election Commission consists of the Chief Election Commissioner and other Commissioners appointed by the President. The Chief Election Commissioner can only be removed by the same process as a Supreme Court judge. The Commission has the power to annul elections due to terrorism and call for special elections. It also decides election cases, with original jurisdiction over contests relating to elections, returns, and qualifications of officials, and appellate jurisdiction over contests involving municipal officials decided by trial courts of general jurisdiction.
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Frequently asked questions
A constitutional commission is a body of commissioners appointed by a government to create or revise a constitution. Commissioners are typically experts, though in countries governed by a military regime, they may be selected based on their political opinions.
The powers of a constitutional commission vary depending on the country and its constitution. For example, the Philippine constitutional commissions have powers such as enforcing election laws, examining and auditing government accounts, and appointing officials.
Constitutional commissions are typically formed by a government to address specific constitutional issues or to revise the entire constitution. In some cases, they may be established in response to public demand for constitutional reform.
