OPINION | On revising the 1987 Constitution By Raul V. Fabella READ:
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“Long constitutions, in contrast, are seen as exercises in obscure legalese: confusing that which should be clear; obfuscating that which should be common knowledge. In other words, they are presented as just another con by which ‘they’ keep ‘us’ far from power.” Similarly why a constitution should be short, containing just the vision and the basic principles that must guide the pursuit of that vision. These are the enduring values.
Two policy prescriptions in the 1987 constitution especially bug me. Let me hasten to Article XII on “National Economy and Patrimony.” Specifically, Section 11 which restricts foreign ownership to 40% of capital, thus to a minority interest. This is a policy choice that the framers thought may advance national welfare. This is heavily contested. That native born actors are better stewards of the national patrimony is an article of faith, not a demonstrated fact. .
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