The Bangsamoro Transition Commission (BTC) is currently in full swing writing the Bangsamoro Basic Law (BBL) but in doing so, it is bound by the letter and spirit of the Framework Agreement on the Bangsamoro (FAB) as well as the four Annexes and the Addendum on Bangsamoro Waters (not to say of the other previously signed agreements by the parties). These are the controlling templates or mechanisms.
What is letter and spirit of a law or agreement?
It means what it says and its intention; meaning, the drafters of the BBL will have to follow these documents as written, but also know the intent behind what is written and follow that, too.
This is a message addressed to those who wanted the BBL to accommodate even those clearly outside the letter and spirit of these documents. Such a view of “autonomy within autonomy,” even if it is well-meant, is not possible. “The water cannot rise above its source,” so to speak.
Experts say that a good constitution, basic law or organic act has the following features namely: it must be well-written, comprehensive, partly rigid and partly flexible, and suitability. And without stating, it should provide for a bill of rights for the people.
To explain this further, a constitution must be well defined and precise. It should not have ambiguities and obscurities of language, because this may lead to conflicting interpretations.
Such a constitution will depend for its interpretation on the whims of the judges. It should be sufficiently comprehensive, covering the whole field of government. The powers of different organs of the government and various functionaries of the state must be clearly demarcated. A constitution that is detailed becomes a plaything in the hands of judiciary. It should not omit the main fundamentals and at the same time does not enter into needless details, since a detailed constitution is also liable to give rise to constitutional disputes. Besides, a detailed constitution indicates a sort of distrust in the various organs of the government and hampers its natural growth. It should neither be very rigid nor very flexible. A rigid constitution does not possess the qualities of adaptability and adjustability. With the changing needs of time a flexible constitution is liable to be perverted. The best constitution is one which combines both the elements of rigidity and flexibility. It must provide a method of change so that it may be changed and adopted without a revolution. And lastly, a good constitution should represent the needs of the time and should be suitable for social, political and economic needs of the people.
It is prudent enough to say that those who wish to make recommendations for inclusions in the draft BBL should only send those that are relevant to the task of the BTC, so as not to unnecessarily burden them. This will surely bring good tiding to the commissioners who are catching up time to finish the BBL soon.
http://www.luwaran.com/index.php/editorial/item/840-‘water-cannot-rise-above-its-source’
It means what it says and its intention; meaning, the drafters of the BBL will have to follow these documents as written, but also know the intent behind what is written and follow that, too.
This is a message addressed to those who wanted the BBL to accommodate even those clearly outside the letter and spirit of these documents. Such a view of “autonomy within autonomy,” even if it is well-meant, is not possible. “The water cannot rise above its source,” so to speak.
Experts say that a good constitution, basic law or organic act has the following features namely: it must be well-written, comprehensive, partly rigid and partly flexible, and suitability. And without stating, it should provide for a bill of rights for the people.
To explain this further, a constitution must be well defined and precise. It should not have ambiguities and obscurities of language, because this may lead to conflicting interpretations.
Such a constitution will depend for its interpretation on the whims of the judges. It should be sufficiently comprehensive, covering the whole field of government. The powers of different organs of the government and various functionaries of the state must be clearly demarcated. A constitution that is detailed becomes a plaything in the hands of judiciary. It should not omit the main fundamentals and at the same time does not enter into needless details, since a detailed constitution is also liable to give rise to constitutional disputes. Besides, a detailed constitution indicates a sort of distrust in the various organs of the government and hampers its natural growth. It should neither be very rigid nor very flexible. A rigid constitution does not possess the qualities of adaptability and adjustability. With the changing needs of time a flexible constitution is liable to be perverted. The best constitution is one which combines both the elements of rigidity and flexibility. It must provide a method of change so that it may be changed and adopted without a revolution. And lastly, a good constitution should represent the needs of the time and should be suitable for social, political and economic needs of the people.
It is prudent enough to say that those who wish to make recommendations for inclusions in the draft BBL should only send those that are relevant to the task of the BTC, so as not to unnecessarily burden them. This will surely bring good tiding to the commissioners who are catching up time to finish the BBL soon.
http://www.luwaran.com/index.php/editorial/item/840-‘water-cannot-rise-above-its-source’
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