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Since conass owes their existence to the constitution

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Unformatted text preview: Q: How may the Constitution be amended or revised? A: 1. Proposal a. By Congress upon a vote of ¾ of all its members acting as Constituent Assembly (ConAss) Note: While the substance of the proposals made by each type of ConAss is not subject to judicial review, the manner the proposals are made is subject to judicial review. Since ConAss owes their existence to the Constitution, the courts may determine whether the assembly has acted in accordance with the Constitution. b. By Constitutional (ConCon) Convention POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. THE CONSTITUTION Note: Congress may call a ConCon: 1. By a vote of 2/3 of all its members; or 2. By a majority vote of all its members, submit such question to the electorate. If Congress, acting as a ConAss, calls for a ConCon but does not provide details for the calling of such ConCon, Congress by exercising its ordinary legislative power may supply such details. But in so doing, the Congress (as legislature) should not transgress the resolution of Congress acting as a ConAss. Note: The manner of calling a ConCon is subject to judicial review because the Constitution has provided for voting requirements. Note: Choice of which ConAss or ConCon should initiate amendments and revisions is left to the discretion of Congress. In other words, it is a political question. Congress, as a ConAss and the ConCon has no power to appropriate money for their expenses. Money may be spent from the treasury only pursuant to an appropriation made by law. c. By People’s Initiative upon a petition of at least 12% of the total number of registered vote...
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