question archive What is meant by the statement that the 1987 philippine constitution has a "lingering shadow of martial law"? ps

What is meant by the statement that the 1987 philippine constitution has a "lingering shadow of martial law"? ps

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What is meant by the statement that the 1987 philippine constitution has a "lingering shadow of martial law"?

ps. my answer is not enough :((

 

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·      The 1987 Constitution put limits and checks and time frame for a martial law. And under the 1987 document it is made clear that the Congress will not be in an indefinite leave (which happened during the Marcos years). If martial law is declared under the 1987 constitution, Congress can go in session and the el caudillo reports on the conduct of the martial law.

. The 1987 Philippine Constitution is the constitution duly debated and discussed by members of the Constitutional Convention duly convened to adopt a new Philippine Constitution and was duly ratified by the Filipino people in a plebiscite for the adoption of the 1987 Philippine Constitution. The provisions of the martial law declaration by the President of the Philippines were still incorporated in the 1987 Philippine Constitution but with limited purposes and only with the approval of Congress by two third votes.

·      The Political Question doctrine was also stopped. In the 1935/1973 Constitution, once a question is certified or deemed political, the Courts will not inquire into it. In the 1987 document, all questions of law can be reviewed by the Courts.

·      The purpose of the 1987 document was to erase the shadow of martial law Marcos-style. Hence the 1987 document is a reaction to the Martial Law (Marcos) era.

·      This makes it imperative for us Pinas to have amendatory provisions in the 1987 Constitution to give more teeth to its non-self-executing provisions such as the anti-dynasty provision.

·      So we have three Constitutions past: in 1898 our Constitution was swamped by the Yankees; the 1935 Constitution was under the tutelage of the Yankees while the 1973 Constitution was under the Marcos dictatorship, and Marcos was, per the Leftists, the running dog of US Imperialism in the Islands.

·      The 1987 Constitution was a bit better; it was prepared by selected commissioners, mostly selected by Tita Cory's kitchen cabinet.

·      Unless Pinas is tied to the past, time for Pinas to Amend some provisions of the 1987 document and a Convention is needed for this.

·      Otherwise, I will just be bothered more about re-planting (dwarfs' coconuts) after typhoon Ulysses.