Eleanor Finch
The 1973 Constitution of the Philippines was amended multiple times between 1976 and 1984. The original 1973 Constitution was supposed to introduce a parliamentary-style government, but President Marcos manipulated the system to keep executive powers for himself. The 1973 Constitution was first amended in 1976 to allow the President to legislate on an emergency basis. Further amendments were made in 1980, 1981, and 1984, with the final form of the Constitution abolishing the Senate and making cosmetic changes to terminology. The 1973 Constitution was eventually superseded by the 1986 Freedom Constitution after the People Power Revolution.
| Characteristics | Values |
|---|---|
| Reason for amendment | To introduce a parliamentary-style government |
| Date of amendment | 1973 |
| Date of further amendments | 1980, 1981, 1984 |
| Purpose | To abolish the Executive Committee and restore the position of Vice-president |
| Ratification | Ratified by a majority of voters in a plebiscite |
| Ratification challenges | Military men were stationed to intimidate voters, mayors were given quotas for "yes" votes, and "no" votes were occasionally not recorded |
| Official languages | English, Pilipino, and translation into dialects spoken by over 50,000 people, Spanish, and Arabic |
| Oath | All public officers, employees, and armed forces members must take an oath to support and defend the Constitution |
| Amendment proposal | Proposed by the National Assembly with a three-fourths vote of all its members, or by a constitutional convention |
| Amendment ratification | Ratified by a majority vote in a plebiscite held within three months of the amendment's approval |
Explore related products
What You'll Learn
To adopt a semi-presidential system
The 1973 Constitution of the Philippines was amended to adopt a semi-presidential system, having initially been intended to introduce a parliamentary system. The 1973 Constitution was promulgated after Ferdinand Marcos' declaration of martial law. Marcos manipulated the system to retain executive powers for himself, rather than devolving them to the Assembly and the cabinet headed by the Prime Minister.
The 1973 Constitution was amended in 1976, with the President becoming Prime Minister and continuing to exercise legislative powers until such time as martial law was lifted. The Sixth Amendment authorized the President to legislate on his own in an "emergency". The 1973 Constitution was further amended in 1980 and 1981.
The 1973 Constitution was initially ratified by a majority of votes cast in a plebiscite between January 10 and January 15, 1973, with the results announced on January 17, 1973. Official figures state that 90% of voters voted in favor of adopting the new constitution, although some communities did not partake in voting, and there were reports of voter intimidation. The results were challenged during the Ratification Cases heard by the Supreme Court of the Philippines in 1973, but the court upheld the results.
The 1973 Constitution was amended twice more, in 1980 and 1981, and then again in 1984 to abolish the Executive Committee and restore the position of Vice-President. The final form of the 1973 Constitution, after all amendments and manipulations, was the abolition of the Senate and a series of cosmetic rewordings.
Civil Forfeiture: A Violation of the Fourth Amendment
You may want to see also
To abolish the Executive Committee
The 1973 Constitution of Pakistan was amended to abolish the Executive Committee due to its perceived ineffectiveness and the concentration of power it afforded to the President. The Executive Committee was an integral part of the parliamentary system established by the 1973 Constitution. It was intended to serve as a key decision-making body, providing collective responsibility and cabinet solidarity in the governance of the country.
However, over time, criticisms emerged regarding the effectiveness of the Executive Committee. Some argued that the committee structure hindered efficient decision-making and slowed down the implementation of policies. There were also concerns that the committee system diluted the authority of the Prime Minister and created a complex web of responsibilities, making it challenging to hold specific individuals accountable for policy successes or failures.
The concentration of power in the office of the President was another significant factor in the decision to abolish the Executive Committee. The original 1973 Constitution granted sweeping powers to the President, including their role as head of state and commander-in-chief of the armed forces. While the Executive Committee, chaired by the Prime Minister, was meant to counterbalance the President's power through collective decision-making, in practice, the President retained considerable influence. Thus, abolishing the Executive Committee was seen as a way to streamline decision-making and consolidate power within the executive branch.
The amendment to abolish the Executive Committee was part of broader constitutional changes aimed at transforming the governmental system. By removing the committee structure, the amended constitution established a more streamlined and centralized decision-making process, with clearer lines of authority and responsibility. This change reflected a shift towards a more presidential style of governance, aiming to enhance efficiency and coordination within the executive branch.
While the abolition of the Executive Committee addressed specific concerns, it also raised questions about power balances and accountability within the government. Critics warned that removing the committee structure could weaken collective responsibility and reduce opportunities for thorough policy deliberations. Additionally, there were concerns about the potential for increased concentration of power in the executive branch, particularly with the President, and its implications for democratic norms and checks and balances within the constitutional framework.
The Fourteenth Amendment: Nationalizing the Bill of Rights
You may want to see also
To restore the position of Vice-President
One of the key reasons the 1973 Constitution was amended was to restore the position of Vice-President. This move was part of a broader effort to re-establish a democratic system of government in Pakistan, with checks and balances, and to address the issues arising from the absence of a clear succession plan in the original 1973 Constitution.
The 1973 Constitution, as originally conceived and enacted, did not include a provision for the Vice-Presidency. This was a notable departure from previous constitutions, such as the 1962 Constitution, which had included this position. The absence of a Vice-President meant that there was no clear line of succession should the President become incapacitated, resign, or die in office. This was a significant oversight, and it became increasingly apparent that this gap in the constitutional framework needed to be addressed to ensure stability and continuity in the country's leadership.
The restoration of the Vice-Presidential position was intended to address this issue by providing a clear and immediate successor to the President. This amendment ensured that there would be a smooth and rapid transfer of power in the event of a vacancy in the Presidency, thereby maintaining stability and continuity in the country's leadership. The amendment also helped to strengthen the checks and balances within the system, as the Vice-President could assume the Presidency without causing undue disruption or creating a power vacuum.
The amendment to restore the Vice-Presidency was also part of a broader effort to strengthen the democratic nature of Pakistan's government. By providing for a Vice-President, the amended Constitution created a more robust and resilient system of governance. This move reinforced the principle of separation of powers and checks and balances, as it ensured that the executive branch had a clear line of succession, mirroring similar provisions in other democratic constitutions around the world.
The amendment to reintroduce the Vice-Presidential position was a significant step towards ensuring the stability and continuity of Pakistan's government. It addressed a critical gap in the original 1973 Constitution and provided a robust framework for the country's leadership succession. This change was widely recognised as an important step in the country's constitutional evolution, contributing to the development of a more robust and democratic system of government. It also demonstrated the flexibility and adaptability of Pakistan's constitutional framework, enabling it to meet the evolving needs of the nation.
The Most Valuable Amendment: Our Constitutional Superpower
You may want to see also
Explore related products
To replace the Senate with the National Assembly
The 1973 Constitution of the Philippines was amended to replace the Senate with the National Assembly. The National Assembly was to be an interim body that would exist immediately upon the ratification of the Constitution. It would continue until the members of the regular National Assembly were elected and assumed office following an election called for by the interim National Assembly.
The National Assembly was tasked with establishing a central monetary authority to provide policy direction in the areas of money, banking, and credit to achieve national economic objectives. It was also given the power to propose amendments to the Constitution, which would take effect upon ratification by a majority vote in a plebiscite.
The National Assembly was also responsible for taking steps towards the development and formal adoption of a common national language, known as Filipino. All public officers, employees, and members of the armed forces were required to take an oath to support and defend the Constitution.
The 1973 Constitution provided for a parliamentary form of government with a bicameral legislature, comprising the National Assembly and the Senate. The Senate, as the upper chamber of the bicameral Parliament, had several exclusive powers not granted to the National Assembly, including the power to make parliamentary bills that could be enforced into law.
The National Assembly and the Senate played important roles in the legislative process, with bills requiring passage by both houses and the assent of the President to become laws. The National Assembly also had the sole prerogative over money bills. Additionally, the role of a Mediation Committee, composed of members from both houses, was introduced to build consensus on bills in cases of disagreement between the two houses.
Amendments Protecting Rights of Minorities: Understanding Constitutional Safeguards
You may want to see also
To establish a common national language
The 1973 Constitution of the Republic of the Philippines was amended to establish a common national language, among other reasons.
The 1973 Constitution was promulgated after Ferdinand Marcos' declaration of martial law, and it was supposed to introduce a parliamentary-style government. However, Marcos manipulated the system to retain executive powers for himself. The 1973 Constitution was amended in 1976, 1980, 1981, and 1984 to address some of these issues.
The establishment of a common national language was addressed in Section 2 of the 1973 Constitution. It stated that the Interim National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino. This was to be done by translating the Constitution into each dialect spoken by over fifty thousand people, as well as into Spanish and Arabic. The English text was to prevail in case of any conflict.
The development of a common national language was an important step towards unifying the country and ensuring that all citizens could understand and access the Constitution and other official documents. It also symbolised a break from the country's colonial past, as the old American-derived terminology was replaced by names more associated with a parliamentary government.
The process of establishing a common national language involved the standardisation and promotion of one language over others. This may have had positive effects in terms of national unity and accessibility, but it could also have negatively impacted the preservation and transmission of minority languages and cultures.
Amending Constitutions: Adapting to a Changing World
You may want to see also
Frequently asked questions
The 1973 Constitution of the Philippines was amended to adopt a semi-presidential system instead of the parliamentary system.
The 1973 Constitution was promulgated after Ferdinand Marcos' declaration of martial law and was supposed to introduce a parliamentary-style government.
The 1973 Constitution was an amendment to the 1935 Commonwealth Constitution, which established the current presidential system of government in the Philippines.
The 1973 Constitution was amended in 1976, 1980, 1981, and 1984.
The amendments to the 1973 Constitution included the abolition of the Executive Committee, the restoration of the position of Vice-President, and the introduction of a semi-presidential system.
