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Aconstitutional commission is a body ofcommissioners appointed by a government for the purpose of making or revising aconstitution. The commissioners are typically experts.[1] However, in a country governed by amilitary regime, the commissioners may be actual or alleged experts whose political opinions match those of that government,[2] and in other countries there may perceptions or allegations that the commissioners include such persons.[3] The commission may be advisory or preparatory to another body or to areferendum.[4]
A number of bodies have been called aConstitutional Commission.
In 1985 a Constitutional Commission was established (by theHawkeLabor government) to review the Australian Constitution and reported in 1988.[5] It was seen as too partisan by manyLiberals and the eventual referendum questions were not supported; leading to the lowest 'yes' vote count for any referendum inAustralia (in1988).
The federally initiatedRowell–Sirois Commission of 1937 to 1940 recommended (successfully) that the federal government take overunemployment insurance andpensions from the provinces.
The Quebec-initiatedRoyal Commission of Inquiry on Constitutional Problems of 1953 to 1956 argued (unsuccessfully) for the devolution of more powers to the Province of Quebec.
The federalRoyal Commission on Bilingualism and Biculturalism recommended (successfully) that Canada become officiallybilingual andbicultural (later modified tomulticultural).
In January 1942, thePhilippine Executive Commission, or PEC, was established as the temporary caretaker government of theCity of Greater Manila, and eventually, of the whole Philippines during the Japanese occupation of the country during World War II. The PEC existed until the Japanese-sponsoredSecond Philippine Republic was established in October 1943.
In 1986,PresidentCorazon Aquino dissolved the 1973 Constitution and called for its revision. From February 1986 to February 1987, the Philippines was governed under a provisional constitution called the "Freedom Constitution", which was drafted by her Executive SecretaryJoker Arroyo. In September 1986, theConstitutional Commission of 1986 was set up with all its members appointed by Aquino. The revised Philippine Constitution was ratified by aplebiscite with 76% of votes in the affirmative.
An unrelated concept is a "constitutional commission", which is a commission created by the 1987 Constitution. These are governmental bodies that are independent of the three main branches of government. These constitutional commissions are the:
The 1987 Constitution does not place upon a constitutional commission the task of amending the Constitution—that task falls to theConstitutional Convention, theConstituent Assembly, or thePeople's Initiative, the three constitutionally sanctioned methods of amending the Constitution.
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