Castillo - Federalism and Its Potential Application To The Republic of The Philippines

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
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FEDERALISM AND ITS POTENTIAL APPLICATION TO THE REPUBLIC OF THE PHILIPPINES
A Thesis Submitted to the Faculty of the Graduate School of the University of Santo Tomas
In Partial Fulfillment of the Requirements For the Degree of Master of Arts (Political Science)
RONALD M. CASTILLO March 2011
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL ACKNOWLEDGEMENT
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Ad majorem dei Gloria (that in all things God may be glorified). This work is a blessing from the Creator and to him the researcher pours out the cup of his highest gratitude and sings his most heartfelt praises. The researcher also proffers his deepest thanks to these individuals, vessels of the aid of the Almighty. In their very personal way, they each played an important role to him as he undertook the task of searching and documenting knowledge of the science of power for this paper. Dr. J. Fernand Tanguay O.P. his thesis adviser, who took a fledgling graduate student under his wing, and under whose tutelage this work was polished into what it is now. His first hand and scholarly expertise in the researchers field of study is matched by his patience, understanding, and caring of a true Father in both the ecclesiastic and familial sense. Ms. Maricel B. Punzal English editor and the researchers ashke (Trans. from Tayledras1 beloved), who has always been there for him as both friend and counselor. Guiding mentors at the Graduate School who have shared their own unique sparks of wisdom in training this humble researcher. The gems of wisdom that each of them has shared to the researcher became invaluable tools in composing this thesis: Dr. Jaime Jimenez (Socio-economic Development), Dr. Consuelo Estepa (National Security Administration), Dr. Michael Anthony Vasco
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Fictional language in Mercedes Lackeys The Heralds of Valdemar novels. Among the favorite set of books shared between the researcher and his editor.
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(Thomasian Logic and Critical Reason), Dr. Milagros Tanlayco (Research Writing). His inspiring undergraduate students from different colleges and disciplines; Karen Deus, Jeaneth Casimero, Joan Trinidad, Kamille de Leon, Nico Pascual, Maicah Manapat, Hancellie Abrero. Their particular brightness of mind and warmth of friendship were foods for the soul for their professor as he undertook his thesis writing. The very helpful staff of the UST Graduate School and the Office of Graduate Research: Ms. Rowena Batoon and Ms. Christina Barbosa. Ms. Edlyn Briones who may not have been the researchers student, has been a true and very much appreciated friend during critical times of the research process. Ms. Cecille Salorio, his dear aunt, whose young at heart attitude has been with her nephew, reminding him to have fun and enjoy life as he pursued his career goals career. Ms. Jennifer Normand, his ever-dearest cousin and kababata, whose bond remains even with the physical distance of the oceans. Mr. Justin C. Aricheta his first-brother, the researchers inspiration not just in writing this thesis, but in many of his endeavors. Most importantly, Mrs. Asuncion M. Castillo his mother, whose love and support has always been there for her son even beyond death. Her
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appreciation for his son and his works has always been the driving force for his future achievements.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL DEDICATION
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This Opus is made in undying memory to the researchers mother Mrs. Asuncion Castillo y Maglaqui
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL ABSTRACT
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This research reviews the characteristics of federalism and explores the possibility of it being used to create, in due course, a new XXI century Constitution, in keeping the political and economic development of the Philippines in this age of globalization. To achieve this objective, four federal constitutions operating in successful countries (three are G-8 members) were comparatively studied for similarities. Federalism was created by the Americans at the Philadelphia Convention of 1787 better known as the Federal Convention. It is being used by 24 countries spread across continents. This in itself is a justification to pursue a possible application to the Philippines, a country of dispersed inhabited islands, belonging to different regions and cultures but all united under one strong single national identity. Based on comparative study, there are seven essential features of a federal political system: 1) Two levels of government existing in their own right under one constitution; 2) Central government directly elected by the electorate of the whole country, making laws and taxation applicable to all citizens; 3) Regional government units exercising constitutionally delegated powers over its members; 4) Allocation of sources of revenue between the two levels of government; 5) Written constitution as binding contract among regional units, and which cannot be amended unilaterally; 6) An umpire to rule on disputes; 7) Processes and institutions to facilitate intergovernmental interaction and coordination. Federalism may be symmetric or asymmetric, centralized or decentralized. However, Federalism facilitates devolution of legislative and administrative power, and de-concentration of economic powers while uniting the varied regional units.
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TABLE OF CONTENTS Title Page . Certificate of Originality . Approval Sheet Acknowledgement ... Dedication Abstract .... Table of Contents . List of Tables ... List of Figures .. CHAPTER I INTRODUCTION A. Background of the Study .. B. Statement of the Problem .. C. Significance of the Study .. D. Objective of the Study .. E. Theoretical Framework Federalism .. Principle of Division of Powers . Constitutional Division of Power .. Geopolitical Division of Power . F. Conceptual Framework 13 14 15 17 1 11 12 12 i ii iii iv vii viii ix xiii xiv
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL General Framework Specific Framework ... G. Scope and Limitation H. Hypothesis . I. Definition of Terms CHAPTER II: LITERATURE REVIEW A. Foreign Literature .. Federalism and State Building Federalism and Management of Heterogeneous Systems .. Federalism and Political Economy B. Local Literature . Federalism and the Philippine Situation . CHAPTER III: RESEARCH METHODOLOGY ... CHAPTER IV: DATA PRESENTATION AND ANALYSIS A. The Seven Essential Features of a Federal Political System . 1. Two levels of government existing in their own right under, one constitution 2. A Central Government directly elected by the electorate of the whole country, making laws and taxation applicable to all citizens .. 3. Regional Government Units exercising constitutionally delegated powers over their members ..
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 4. Allocation of sources of revenue between the two levels of government ... 5. A written constitution as a binding contract among regional units, and which cannot be amended unilaterally 6. An umpire (Supreme/Constitutional Court) to rule on disputes 7. Processes and Institutions to facilitate intergovernmental interaction and coordination B. Three Potential Applications of A Federal Convention to the Republic of the Philippines 1. Consolidation of Territory through Devolution of
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Legislative, Administrative, and Judicial (lower court) Powers (Geopolitics) . 2. Accommodation of Cultural Idiosyncrasies through 110 99
Devolution (Political Culture) . 3. Stimulation of Development and Managing Regional Fiscal Disparities through Deconcentration of Economic Forces (Political Economy) .. C. Simulation .. CHAPTER V: SUMMARY OF FINDINGS, CONCLUSION, AND RECOMMENDATIONS FOR FUTURE RESEARCH A. SUMMARY ..
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL B. CONCLUSION . C. RECOMMENDATION BIBLIOGRAPHY ... APPENDIX: Comparative Matrices of Relevant Constitutional Provisions in the Model Countries CURRICULUM VITAE ..
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL LIST OF TABLES Table 1 - The Four Philippine Constitutions Table 2 Facilitating Processes and Institutions in a Federal System . Table 3 Geographical Comparison of the Four Model Federations and the Philippines Table 4 Demographic Comparison of the Four Model Federations and the Philippines . Table 5 GDP Per Capita (PPP) of the Four Model Federations and the Philippines Table 6 Regional Average Income and Average Savings of Families at Current Prices (values in thousand pesos) 2000, 2003 and 2006
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL LIST OF FIGURES Figure 1 Concept of the Federal System .. Figure 2 The Philippines with Federal National State and the Regions as Components States .. Figure 3 Research Design Figure 4 Map of the U.S. Federation Featuring the Regional Levels (50 States) . Figure 5 Map of Canadian Federation Featuring the Regional Levels (10 Provinces and 3 Territories) . Figure 6 Map of the Australian Federation Featuring the Regional Levels (6 States and 2 Territories) .. Figure 7 Map of the German Federation Featuring the Regional Levels (16 Lnder) . Figure 8 Map of the Philippine Archipelago Featuring the Regional Levels (17 Regions)
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CHAPTER I INTRODUCTION law must attend to the ordering of individual things in such a way as to secure the common happiness. - St. Thomas Aquinas, Summa Theologiae
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A. Background of the Study 1. Liberalization of Philippine Democracy In more than four centuries, Filipinos have expressed their love of freedom and liberty. Through historic struggles and endeavors, the Philippine political system culminated to an independent state ruled under the principles of democracy. The Philippines has had four constitutions including the present Freedom Constitution.1 These constitutions have always followed principles of the democratic ideal. Now, twenty two years after the advent of this Freedom Constitution, the necessity for studying constitutional changes or even the adoption of a new constitution arises. The problem originates from the possibility that one of the democratic principles can be abused or mismanaged. Thomas Hobbes said that democracy is based on the situation wherein people gather together to establish or manage a government. To this he adds that by virtue of voluntarily gathering together for such a purpose, these individuals agree to be ruled by what is the consensus among the majority (Tuck and Silverthorne, 1998). From this, a new power
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The 1987 Constitution has been dubbed Freedom Constitution since it was implemented after the restoration of democracy and after the fall of the dictatorial regime of former President Ferdinand E. Marcos.
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arose. This is the political power of the majority. This majority wields both the power to make decisions for everyone, and the power to implement such decisions. The majority power is just the same as the concept of the General Will of Jean-Jacques Rousseau in The Social Contract. According to the renowned
political philosopher, the General Will can sometimes not lead towards the good of all, since it is the result of contending individual wills (Will of All). There is a chance that groupings of peoples wills may not anymore be representative of the common good but only the good of a certain group or faction (Dahl, Shapiro, and Chebub, 2003). The majority power as applied to the Philippines could lead to an illiberal democracy. The Philippines is an archipelago composed of 7,100 islands.
Several of these islands are populated by peoples of unique cultures, languages, and traditions. Governing over all these territories and peoples is a central
government located in Metro Manila. Manila is a metropolis, center of both government and economy, at the heart of the largest island located to the north of the country. Observing the Philippines, one would notice how unequal the
regions are. It is noticeable that Metro Manila and its immediate adjoining cities enjoy greater opportunities of development. In contrast, the farther one territory is from the capital, the less opportunities for development it has. In a study on the political philosophy of Jean-Jacques Rousseau, Miller quoted Rousseau as advocating the idea that countries with a large extent of
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jurisdiction should steer clear of placing too much power in capital cities (Miller, 1984). In addition, John Stuart Mill also considers centralization as detrimental to the promotion of liberty in a political system (Collini, 1992). A more recent study, Fareed Zakaria (1997), managing editor of Foreign Affairs Journal emphasized that compared to the dangers of anarchy, the greatest threats to human liberty and happiness in contemporary times result from brutally strong centralized states. A democracy is simply a determination of the source of and/or holder of the power to rule. A charter that guides a political system that promotes true liberty of the people must have proper provisions. It is the Rule of Law that is basically the source or foundation of the peoples liberties. According to John Locke in his Second Treatise on Government, the purpose of the Law is not to remove freedom or constrict it, instead the purpose of law is to safeguard freedom and extend its benefits to more people (Spector, 1992). Locke further argued that the blessings of liberty cannot be had if there is no law. This research extended such a concept to a dysfunctional law, one that does not accomplish the common good. In order to secure the blessings of liberty, the law must contain proper mechanisms. Without proper mechanism in the law, then it will become what Locke was against removal of freedom and constraint to liberty. This constraint occurs in the Philippine democratic system due to the centralization of power in the hands of the national government created by the
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL present constitution.
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The 1987 Constitution has provided for a degree of
decentralization and local autonomy. Yet as current situations in the Philippine political economy portray, these provisions are insufficient to stimulate political liberty for the various regions and local governments under the national government. Observations of economic indicators from years 1970 2005 show great gaps between the National Capital Region2 and the other regions in terms of 1) domestic production, 2) economic growth rates, 3) infrastructure, 4) access to utilities such as water and electricity, 5) poverty incidence, and 6) the GINI3 Ratio (Hill, 2006). Such a situation exists because the powers to plan, organize, and control remains largely in the hands of the national government. In addition to this, economic means to pursue development are concentrated in the same way. Power is identified with the national government as it has been granted by the constitution. The national government merely decides what responsibilities to delegate to the local government units. In this circumstance, the little leeway in planning, organizing, and control that these territories have becomes restrained rather than increased. In comparison with European history, political participation increased when power was re-concentrated towards local governments and regional councils (Zakaria, 1992).
The region where Metro Manila and the Seat of the Philippine Central/National Government is located. 3 Human Development Index Standard economic measure of income equality/inequality.
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Hence there is a necessity to push for the upgrading of the Philippine Constitution from a simple democratic system into liberal democratic form of government. John Rawls, prominent political scientist, said in his principles of justice and fairness, each person is to have an equal right to the most extensive basic liberty compatible with similar liberty for others (Zwolinsky, 2009). And it is not just simply the rights and liberties of individuals that must be engendered in the constitution to promote liberal democracy. With the
Philippines being an archipelago having heterogeneous groups of peoples, the rights and autonomy of regions must also be given due recognition. According to the angelic doctor, St. Thomas Aquinas, caution should be observed with the changing of human law for change lessens its binding strength; the law may be altered only if such change can produce greater benefit for the common good, thus furthering its capacity to bind (Dyson, 2002). A system of government that not only remains in stasis with no development but also has a tendency to promote the interests of the few instead of the common good, has to be modified for the better. This has to be made in such a way that the principles that champion the rights and liberties of individual citizens and their respective regions are incorporated. Federalism can be an option for such a change. The historian Arthur Schelesinger (1997) enumerated among others the high impact of culture and religion as a stress on democratic systems. In the Philippine context, there is a great variety of regional cultures, and more
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specifically, a great divide between the Muslim population in Mindanao and the Catholic majority. A Filipino scholar, Nathan Gilbert Quimpo (2001), attributed this situation among the reasons for the 40 years armed conflict in Mindanao. This research can help in finding a solution to this problem since it explores the capacity of asymmetric federalism to grant regional autonomy while retaining territorial and sovereign integrity. 2. Tracing Back Philippine Constitutions The Philippine political system has had a succession of four written constitutions including the current one. First was the Malolos Constitution of 1899. Second was the Commonwealth Constitution of 1935. Third, the Marcos Sponsored Constitution of 1973. And finally, there is the Freedom Constitution of 1987. The constitution of 1899 was made as a result of the Filipino desire for liberty and self-government. Yet it was unable to have a full span of time to be implemented and be enjoyed by the Filipinos. This was because the historic event of the Philippine-American war escalated a month later. However in its time, this constitution contained principles that promoted liberty and democracy, as well as the separation of church and state. Its first article declared that the citizens are the source of sovereign powers (Article 3, Title 1). In addition to this, Article IV contained a list of rights of the citizens of the republic. The 1935 Constitution was created under the auspices of the American Civil Government. This Constitution finally established the Philippines as a free
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL country.
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And like its predecessor, it promoted the ideals of liberty and
democracy, and separated church and state. It also contained a bill of rights and provisions for the extension of the right of suffrage to women (Article V, Section 1). The Filipino state fathers decided to keep the unitary system of government rather than promoting a federal system following the model of the USA, undoubtedly because they judged that the country had to be united given the fragmented islands and cultural groups. The content of the 1973 constitution in terms of democracy and liberty follows the same principles, yet its intent was different from its predecessors. According to Philippine Historian Sonia Zaide, the movement then for constitutional change was spurred, among others, by necessities of empowering the Commission on Elections and the General Auditing Office, and the necessity of decongesting the Presidents powers (Article, V, Section 1). But when the constitution was finally drafted and ratified it was one under the sponsorship of President Marcos desire of maintaining his dictatorial regime over the country (Zaide, 1999). The 1970s events portrayed that the Filipinos wanted a revised constitution that adapted to the needs of the time (i.e. promotion of democracy). But as history unfolded, a revised constitution was made; however, this revised constitution suited not the needs of the people. Rather it suited the needs of President Marcos.
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Table 1. The Four Philippine Constitutions CONSTITUTION Malolos Constitution: 1899 BACKGROUND Filipinos fighting from have for been Promotes FEATURES democratic Guides to the ideals; Chief observe and autonomy ( Title
freedom Unitary; Spanish Executive
colonization (Philippine decentralization Revolution 1896-1899). administrative VII, Article 47). Commonwealth Constitution: 1935. The yoke of colonial Promotes government was about Unitary; democratic No provision
ideals; for
to be removed, Filipinos decentralization. were gradually trained by the United States of America in the art of Government.
Marcos Sponsored Constitution: 1973.
Period of Martial Law Promotes under President Marcos. Unitary;
democratic Promoted System
ideals; the of
Parliamentary government;
Contained
provisions for promoting local
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autonomy of local government units ( Article II, Section 10). Freedom Constitution: 1987 People Revolution Power Promotes democratic ideals;
against Unitary; Contained provisions for
President Marcos and decentralizing local government Restoration Democracy. of units (Article 10, Sections 3 and 14), for promoting autonomy of local government units (Article 10, Sections 2 and 5), and for two Autonomous Regions (Article 10, Sections 15-21).
The 1973 constitution is also different since it advocated a parliamentary system of government as opposed to the presidential system of the previous constitutions. The 1987 Constitution went into effect after the People Power revolution toppled the Marcos Dictatorship. It reiterated the principles of democracy,
liberty, and human rights. In addition, it restored the presidential system of government and focused on the accountability of government officials to the people.
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It is also important to note that the 1987 Constitution was drafted not by representatives chosen by the people, but by forty eight Commissioners appointed by the de facto and eventual de jure President Corazon Aquino (De Leon, 2008). These four constitutions provided a system guided by democratic ideals through a representative national government. The national government in each of these constitutions followed the unitary system of government, in executive and administrative authority over the whole Philippines in the hands of the President. It is worth noting that all four constitutions followed the unitary system. Three of these constitutions, namely the 1899, 1973, and 1987 expressly desired degrees of autonomy for local government units. For example, the 1899
Constitution stipulates that the president must adhere to the most liberal policy of decentralization (Article VII, Title 57) in administering over towns and provinces. Both 1973, and 1987 Constitution incorporated the promotion of local autonomy in their declaration of state policies. In addition to this, the 1987 Constitution added provisions on decentralization; and for special autonomous regions such as that of Muslim Mindanao and that of the indigenous Cordilleras. It can be observed that the early constitutions aimed at creating a unified nation out of a diversity of cultural heritages, scattered on so many islands. In world history, the centralization of the legislative, administrative and judicial authorities goes back to Napoleon who wanted to unify his Empire to facilitate the
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control of all elements of power. It is a characteristic of former colonies to have "anything that counts" in the capital city. This thesis sought to discover a potential 21st century constitution for the Philippines. Through a methodical system, it can adapt to the political,
geographic, economic, and cultural characteristics of the country. And thereby promote the blessings of liberal democracy, economic fairness among the regions, and strengthen its national unity. B. Statement of the Problem This study sought to show the relevance of federalism principles of decentralization and de-concentration as important constitutional concepts as applicable constitutional concepts to the Republic of the Philippines. In doing so, the study necessitates investigation of the following queries: 1. How does the federal system of government promote liberal democracy? 2. How does the federal system of government create equal opportunities for regional economic development? 3. How does the federal system of government help preserve national unity? 4. Why is the federal system of government an appropriate system for the Republic of the Philippines?
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL C. Significance of the Study
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This research holds credence to the study of political science by being able to study the suitability of changing the political system of the Philippines from unitary to federal by a comparative analysis of model federal countries. Moreover this research is important because: Politically, it studies a method of making the Philippine political system a liberal democracy through federal decentralization of power while preserving national unity, territorial and sovereign integrity. Economically, it explores an avenue for stimulating Philippine political economy through de-concentration of economic forces throughout the various regions of the country. Administratively, it researches on a more publicly accessible government system through the de-concentration of administrative authority and skills. Lastly, this research can explore a solution towards the settlement of armed conflict in the region of Muslim Mindanao. D. Objective of the Study This thesis aims to analyze the potential application of federalism for the Republic of the Philippines. Furthermore, it intends to discover how federalism can be an option for the liberalization of Philippine democracy, while preserving national unity, sovereign and territorial integrity; and for the creation of possibilities for regional development in the Philippines.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL E. Theoretical Framework 1. Federalism
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The conduct of this study was guided by the principles of federalism. Federalism as a political science theory has been first codified in The Federalist Papers by American legislators Alexander Hamilton, John Jay, and James Madison in 1788. From then on, several scholars have focused on federations. Among such scholars included Daniel J. Elazar, who became founder of the Center for the Study of Federalism and author of multiple studies on the same subject. In 1776, the United States of America was able to achieve the innovation of the union of former colonies turned independent states into a composite structure of a federation, and according to Lipson (1997) this [federation] has been a distinctive, enduring, and influential contribution of America to the art of government. It is an innovation since it was the Americans who experimented with and formalized the notion of federation. According to the United Nations (2006) and the Forum of Federations (2009), out of 193 countries in the international community, there are 24 countries having federal political systems with their own idiosyncrasies. Among these countries the United States of America, founded 1776; Canada, founded 1867; Australia, founded 1901; and Germany, founded 1949; are states that have successful experiences in federalism, decentralization, liberal democratization, and regional economic development.
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Liberalization and regional economic development can result from federalization and decentralization because the powers that are geographically distributed are the following: legislative, executive and administrative, since these are the standard active powers of the sovereign. It coincides with political will and free management particularly when it is made more accessible to the hands of the common individual or of the specific regional or sub-national governments in a specific territory. Distribution of power can either be guided by decentralization or centralization policies. It is important to note though that decentralization exists both in unitary systems and federal systems. The same holds true with
centralization. Federal and unitary systems can be both centralized in authority or vice versa. It all depends on the manner that a country chooses to do so. Decentralization works side by side with de-concentration. While
decentralization focuses on power, de-concentration focuses on the economy and administration. This research holds the theory that federalization coupled with proper decentralization and de-concentration may preserve liberalization and regional economic development, at the same time, it may promote national unity, sovereign and territorial integrity. 2. Principle of Division of Powers In an essay in memory of Daniel J. Elazar, Ronald Watts has quoted the esteemed political scientist as defining federalism in the context of being a covenant that combines self-rule with shared-rule (Watts, 2000). It is this very
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL concept of federalism that holds significance in this research.
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shared-rule follow a system of division of powers which is important for liberalization and regional economic development. Within the government, power can be split in two ways: separation and division. Federalism is concerned with the division of power. In the book
Comparing Political Systems (Bertsch, 1991), division of power is considered as vertical since it follows successive levels (or tiers). It has government agencies that exist in at least two levels: local and national. James Danziger in his book Understanding the Political describes this division of powers as areal or byarea since it follows geographic locations. This is so because the spread of authority is divided by region or provinces. 3. Constitutional Division of Power Federalism is closely related to the concept of decentralization. Both federalism and decentralization distributes governmental powers in levels or geographic methods. Yet, the unitary system can also decide to decentralize while remaining unitary. However, federalism is unique in its manner of dividing power. Guided by the principle Potestas delegata non potest delegari4 (Moreno, 1998), in a unitary system of government, the constitution grants governmental powers to the national government. The national government in turn gains the prerogative to delegate powers and responsibilities to the local governments if it
Delegated authority cannot be delegated {Trans. From latin in Morenos Philippine Law Dictionary.
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL decides to decentralize.
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The national government retains supervision and
practically holds a patriarchal relationship with the local government. The powers that the unitary central government can delegate are the gray areas or powers unspecified by the constitution. Hence the unitary central government cannot delegate the powers that have already been delegated to it by the constitution. In comparison, in a federal system, the constitution delegates powers to both the federal government (national state) and regional/provincial governments (component states). This is a Supremacy of the Constitution rather than
supremacy of the central government, thereby supporting the rule of law. This is beneficial because, component states do not have to be dependent to the federal state since they have pre-defined powers and responsibilities within their jurisdictions. The removal of the patriarchal relationship makes the
regions/provinces more independent and capable of using their own political wills and resources for their own benefit. In this situation, component states can even enter into political and economic relationships with each other. Moreover, these states can have healthy economic competition for the pursuance of development. Since the power of the component states in a federal system come from the constitution and not from the national state, the political system becomes more liberal with the promotion of regional/provincial autonomy in a community of regional or provincial states. Autonomy promotes, among other benefits, the securing of happiness of the region/province and by extension the citizens. In
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doing so, these regions/provinces would choose to remain united with each other and preserve the territorial and sovereign integrity of the national state. 4. Geopolitical Division of Power The federal division of power is geopolitical in nature. Federations are characterized by alliances and covenants between politically organized groups. This is illustrated in ancient times during the Roman and Ottoman Empires (Flora, 1999), in the time of the founding of the United States of America, and during these contemporary times. Empires and current federal countries all have either wide extent of territories, far flung areas, or a number of distributed islands. Due to distance, difficulty of travel or communication from the capital, some of the territories and provinces require to be placed under rulers with properly defined authority to make and implement decisions for the purpose of efficient management. Federations have two geographic levels: the upper level in charge of national concerns covering the entire territory, and an intermediate level in charge of respective local concerns by region or province. These intermediate levels by virtue of geographic distance, location, or racial and ethnic composition have a distinct socio-political existence. By the constitution delegating power, authority and jurisdictions, they gain adequate political and managerial powers. By virtue of geographic factors coupled with constitutional delegation of powers, these intermediate level states are autonomous parts of a whole comprising the national state.
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Land, distance, and other geographic factors such as dispersed islands are not the only geopolitical factors in a federal system. In political culture, the people occupying a particular land area are usually united by race, language, history, customs, religions and traditions. Sometimes a country can be composed of a variety of these groups. These groups can have separate interests and
idiosyncrasies that can cause stress to the unity, peace, and security of the country. Decentralization and de-concentration in a federal system allows
accommodation of the individualities of these groups as represented by their regions/provinces. 5. Handling of Gray Areas Aside from simple interaction, there is the existence of gray areas. Certain powers and responsibilities between the national state and the component states are blatantly obvious in a written constitution. Yet, it may sometimes occur that some powers and responsibilities are not properly delegated. These are the gray areas. Adjudication is an important concern in federalism in addition to the division of power. The existence of individual intermediate level states
interacting with each other and interacting with the national state (not to mention interacting with society) eventually leads to disputes between such power holders. Thus the concern arises on to whom and how the power to adjudicate must be organized. The third sovereign power of government the judicial power must
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be protected in its neutrality between the national state and the component states. This ensures the perpetuation of regional/provincial liberty and fairness. F. Conceptual Framework 1. General Framework For a better understanding of the federal system, this thesis used two conceptual diagrams: one followed a general concept, and another applied it to the Philippines. Figure 1 was inspired by Daniel J. Elazars concept of self-rule combined with shared-rule (Watts, 2000). According to Elazar, federalism is the linking of individuals, groups and polities in lasting but limited union in such a way as to provide for the energetic pursuit of common ends while maintaining the respective integrities of both parties. It is illustrated in the context wherein there are two levels of power in a federal political system. The first level is at
the center (hexagon) which is the national state. The second level is a set of component states which are located around the central state (circled diamonds). In this framework, interactions regarding relationships and regarding power between the national state and the component states are shown by the black double arrow lines. Interactions among component states are shown by the red dotted double arrow lines. The double arrows represent mutual interactions, in comparison to one sided interaction (characterized by the unitary system which tends to be patriarchal). succeeding paragraphs. These interactions become more evident in the
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Component State Component State Component State Component State Component State
Component State
Component State
Component State
National State
Component State
Component State
Component State
Component State Component State Component State
Component State Component State Component State
Figure 1 Concept of the Federal System
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Cordillera Administrative Region
Ilocos Region Philippine National State Central Luzon National Capital Region
Cagayan Valley
CALABARZON
Bicol Region
MIMAROPA Eastern Visayas Northern Mindanao CARAGA Davao Region
Western Visayas Central Visayas Zamboanga Peninsula
SOCSARGEN Autonomous Region of Muslim Mindanao Figure 2 The Philippines with Federal National State and the Regions as Component States
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The national state consolidates its authority through the consent of the component states as manifested by a binding constitution (large blue circle) that respects autonomy (small blue circles around each component states). This single national state represents in general all the component states. It has powers over national concerns or purposes with which the entire country is affected. The component states on the other hand have competent jurisdiction within a defined area in the country. Being states with independent powers from the center they have the capacity for self-determination both in managing sociopolitical matters and in the pursuance of economic goals. For example they have the capacity to decide on fiscal and business related policies, and on educational standards within their jurisdiction. In doing so, they can compete with other regions. Such interrelationships are shown by the red dotted lines in Figures 1 and 2. These levels exist by virtue of the constitution (the blue circles: both large and small). It recognizes and defines what powers and jurisdictions these levels have. Thus, in contrast to the unitary system wherein the powers of the local governments are reliant on the decision of the national government to delegate, in the federal system, the fact exists that both national and local states already have their respective competencies and areas of authority as granted by the constitution. It could also be noted that the constitution (circle) binds all the components together into one distinct whole, thus preserving national unity, sovereignty, and integrity of the islands in the territory.
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The recognition of regional governments as component states exemplifies the concept of self-rule as stylized by Daniel J. Elazar. The power of the
national state represents shared-rule. These are federal concepts that can be applied along systemic characteristics of democracy and liberalism. In a democracy, the people gather together to form a government. In this federal structure, regions are independent powers that are gathered together to pool resources into the national government. By doing so they are united as one single entity with the advantages secured by a federalized state. Like a
democratic government, the central state of a federation pursues goals that are for the common good of all the component states (represented by connections through the black double arrows in Figures 1 and 2), and is sovereign by virtue of consent from the constitutionally autonomous component states. In a liberal government, individuals have the capacity to pursue, happiness, freedom of choice, life, health and other factors that can contribute to the dignity of a human person. The federal structure applies this principle to groups of people aggregated through regions. The various regions are granted equal opportunities for the pursuance of happiness, freedom of choice, life, health and other important factors for the benefit of their constituent citizens. This is made possible through the recognition of the regions as component states by the constitution and through the twofold process of decentralization of power and deconcentration of economic forces.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 2. Specific Framework
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Figure 2 applies the above mentioned principle over the Republic of the Philippines. As seen on the diagram, each of the 17 regions of the Philippines is represented as component states. And each is named after the corresponding region. These regions have people sharing similar cultures, languages, and
tradition. Aside from these, there is the national state the Philippines which represent all of these regions as one single entity. The components states interact mutually with each other (represented by the red dotted double arrow lines), and with the national state (black double arrow lines). They have constitutional powers and control of economic forces within their respective areas (as shown by the small blue circles). They also interact with the national state (as shown by the black lines). And they are all bound together and guided by the constitution (the large blue circle encompassing all component states along with the national state). It is the constitution that defines the
situation, defines power and holds the component states together in unity with the national state. G. Scope and Limitation 1. Scope This thesis studied the federal structures of four working constitutions: United States of America (18th Century), Canada (19th Century), Commonwealth of Australia (20th Century), and Federal Republic of Germany (20th Century). It analyzed constitutional similarities and possible differences. Furthermore, this
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study focused only on characteristics of federal constitutions that 1) built up political systems into liberal democracies, and 2) promoted regional economic growth. It concerned itself only with factors that a) decentralized governmental power, b) de-concentrated economic forces, and c) preserved unity along with sovereignty and territorial integrity. This study used a qualitative survey of constitutions of different countries. It searched for good mechanisms that fostered liberal democracy and regional economic growth. By doing so, it helped provide an unprejudiced basis or a test for federal principles for potential application into the Philippine political system. 2. Limits This thesis neither surveyed the attitudes of Filipinos on the changing of the Philippine constitution nor a studied Filipino outlook on federalism. Also, it was not an advocacy for or against any of the proposals circulated for charter change in the Philippines. It rather aimed at an objective study of the theory of federal states and an inquiry on its applicability to the Republic of the Philippines. In the conduct of the study, the researcher did not consider any other federal state or country other than the ones listed above. In examining the
constitutions of the above mentioned constitutions, an authorized English translation of the German Constitution was used. H. Hypothesis In the conduct of this study the researcher took into account the following hypotheses:
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1. Federal states have proper mechanisms for promoting liberal democracy applicable in the Philippines. 2. Federalization may have proper methods for stimulating equal opportunities for regional economic development. 3. Federalism may be an option for preserving national unity, sovereign and territorial integrity. I. Definition of Terms 1. Concepts of Democracy Autonomy The status of being able to make and implement decisions without having to depend on anothers authority or consent. Cultural Idiosyncrasies Unique manner of habits and behavior shared by members of a particular socio-political or ethno-linguistic group within a political system. A political system may contain several socio-
political/ethno-linguistic groupings, thus it may exhibit a varied, sometimes conflicting set of cultural idiosyncrasies. Cultural Accommodation Process of satisfying the needs and wants as demanded by the cultural idiosyncrasies of several groupings of people within a political system. Democracy The government system by the peoples' collective political power (Gamer, 2009).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL -
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According to Rousseau, a political system or government wherein men unit[es] their separate powers in a combination strong enough to overcome any resistance, uniting them so that their powers are directed by a single motive and act in concert (Dahl, Shapiro, and Chebub).
Liberal Democracy A political system characterized by: reliance of the political power to govern on fair and free elections; the rule of law; methods of division of or separation of political powers; and the protection of basic liberties to life, health, pursuit of happiness, property, choice, and selfdetermination5. Nation A large group of people having diverse backgrounds; such as origin, language, religion, and traditions. However, they remain as one singular entity, united politically, economically, and militarily under one flag, and speaking with one voice to the international community (Gamer, 2009). 2. Concepts of Federalism Federal System In Elazars Political Theory, a political system that is characterized by having several component states in addition to the national state. These components are component authorities having
constitutional powers capable of discharging concerns within their respective jurisdictions. The national state on the other hand has
constitutional powers capable of discharging concerns in the national level (Watts, 2000).
5
Definition adapted from both (Locke in Goldie, 2009) and (Zakaria, 1997).
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Federal State Is one in which central and regional governments are sovereign, each in its respective sphere, and in which the actions of these governments are coordinated (Wheare, 1963). Asymetric Federalism As described by Tarlton (2006), a federal system of government wherein sub-national state governments have a certain degree of divergence, in terms of purposes and goals, away from those of the national state and the other sub-national state governments. Symmetric Federalism A federal system of government wherein sub-national state governments have a certain degree to have similarities, in terms of purposes and goals, with that of the central state and the other sub-national state governments (Tarlton, 2006). Federalism the belief in support for and the endorsement for the act of forming a federation (Burgess, 2006). Federalization The process of creating a federal system of government. 3. Concept of Supremacy of the Constitution Supremacy of the Constitution In a federal state the constitution is the supreme law and any law which is inconsistent with the provisions of the constitution is of no force or effect (Tanguay, 1992). 4. Concepts of Division And Dispersion of Power
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Competent Jurisdiction Powers exercised by a particular government over specific aspects of life of its constituents (e.g. business, health, education policies). Decentralization A reallocation of constitutional powers of government more so in particular for local governments or component state governments than for the central government, considering that there is a set amount of authority by the government over the people and the economy (Rodden, 2004). De-concentration A reallocation of the capacity to regulate and promote the economy, administrative skills, and access to public service, more so in particular for local governments or component state governments than for the central government.6 Territorial Jurisdiction Powers exercised by a particular government over a defined territory. 5. Concepts of the Unitary System Unitary System A system wherein, local government can only be an intrasovereign subdivision of one sovereign nation. It cannot be an imperium in imperio (Bernas, 2003). - As defined by Danziger, a political system that concentrates by constitutional means all constitutional powers needed to discharge with every state concern into a single central government, this same central
6
Researcher stipulated definition applied to the economy and adapted from the definition of decentralization, as cited above.
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government has the discretion to grant and distribute some of its powers to several local governments which are spread geographically and which are under jurisdiction of the central government. Unitary State A sovereign state governed as one single unit. The constitution grants governmental powers to one supreme central government. Any administrative divisions (sub-national units) exercise only powers that the central government chooses to delegate. centralized or decentralized. A unitary state may be
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CHAPTER II REVIEW OF RELATED LITERATURE A. Foreign Literature 1. Federalism and State Building
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The study of federalism necessitates a multi-lens approach that looks into the internal structure of such a political system. The political system has many component parts. Federalism as a means of molding a political system within the boundaries of a given country must contain intrinsic characteristics that allow it to perform the task it was adopted for. Political analists and researchers have directed efforts to the study of brining about a modern state. A state capable of facing the problems that threaten civilized society, promoting the well being of the people, and protecting the rights of citizens. Contemporary political theories and reaserch findings discuss various method included among them is how federalism could affect the building or remodelling of a nation states system. Ghani, Lockhart, and Carnahan in their 2006 paper discovered threats to the stability of states, and posited solutions to such problems. A much earlier work by Li (2002) pointed out the source and a possible soulution for state fragmentation. Wagner (2005) and Rodden (2004) used two different approaches on exploring how federalism directs or handles the distribution of power from the center of the nation states government to its periphery. Lastly, Jaeger (2002) analyzed the interaction of pure modern applications of government by using a
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systematic lens to observe federal system and presidential system functions in a world where the use of electronic access to government is fast growing. The state being the political manifestation of society and the government which is its means of controlling power must be structured in such a way as to ensure security. Among such research on state-building is collaborative work by Ashraf Ghani, Clare Lockhart, and Michael Carnahan (2006). These authors attribute the fall of states and governments to 1) inability to enforce dominion in terms of duties and maintaining jurisdiction, 2) dispersion of authority agencies from the core state, 3) secessionist groups and ideals, 4) uncontrollable tensions and continuous struggles between groups in society and between society and the state, 5) harsh policies and actions for the purpose of suppressing rebellion and opposition. As a means of correcting such tendencies for failure, the study adds a conversion of components within the sociopolitical system. These conversions include establishment of a system where the following characteristics are present: 1. Legitimate monopoly on the means of violence; 2. Administrative control; 3. Management of public finances; 4. Investment in human capital; 5. Delineation of citizenship rights and duties; 6. Provision of infrastructure services; 7. Formation of the market; 8. Management of the states assets(including the environment, natural resources, and cultural assets);
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 9. International relations (including entering into international contracts and public borrowing); 10. Rule of law (Ghani, Lockhart and Cranahan, 2006)
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It is important to note that current situations in the Philippines match with the reasons for state failure listed by the preceding authors. Among these were the first, third and fourth reasons cited above. Hence there is the necessity for change in the Philippine system. In addition to, the second reason for state failure, which is dispersion of authorities and government agencies, is a possible result of mismanaged decentralization or centralization in the Philippine unitary system. Thus it is important that the change be guided as to avoid the rise of another problem for the political system. In this paper, Wagner made an expository analysis explaining and detailing Vincent Ostroms works that lead to the development of a framework for conceptualizing the development of a good government via federalism. According to Wagner (2005), Ostroms model for the making of a good government requires the balanced use of two related activities. One of these is the use of a moral imagination that incorporates past experiences and knowledge that develops into ideas that can properly shape society. The other activity is to undertake a scholarly inquiry if a chosen form of government can improve or hinder certain operations or activities within the system. This is important to this thesis since it posits a framework for the study of federalism as can be applied in the Philippine context.
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Ostroms framework begins by assuming that self-governance is the right option within the social system. From this, he proceeds to argue that those factors and process that promote self-governance which are: polycentrism, free markets, and decentralization lead to a good government structure. These factors and processes combined make up a democratic government that is federal in nature (Wagner, 2005). With this framework, Ostrom has developed an evolutionary process guided by democratic principles that undergo federalist processes thereby leading to good government. This is an important factor as a guiding principle against the possible replay of cases of malfunction in some states that were clad with federal political systems. Another approach to good governance is by the use of or development of proper instruments of measurement. Jonathan Rodden has made a masterful research on methodologies regarding degrees of federalism and decentralization. It is important to note that Rodden separates federalism from decentralization as different concepts however seemingly complementary they are. Roddens
research also categorizes three modes of decentralization: fiscal, policy and political. Methodologies studied, incorporated and proposed by Rodden were analyzed to specifically target all four concepts of fiscal decentralization, policy decentralization, and political decentralization, and federalism. Methodologies included proper sources of data, measurement and considerations of application.
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Fiscal decentralization data, according to Rodden, first starts with finance statistics such as those from the International Monetary Fund data. Yet Rodden argues that such data is not enough as to observe deep analysis of government spending decentralization. To this he proposed a modification of data sets by locating the regulatory framework for sub-national finance (Rodden, 2004). Next, policy decentralization can be measured by a score system that assigns such single or two point scores on whether or not a countrys authority regarding several aspects of policymaking and administration is placed in the hands of the local authority or the central authority respectively. Political
decentralization on the other, Rodden proposes, can be measured by an index score system that assigns zero to two point scores on whether sub-national executives were elected by the people or appointed from the center. Lastly, Rodden measures federalism not by simply the location of power or the actual distribution of power, rather, he argues on the context of covenants. According to Rodden, federalism has its etymologic roots in the Latin word foedus, which translates to covenant. This applies significantly on the
understanding of federalism. It deepens the meaning as to actual autonomy of the composite states of a federal system. Hence, according to Rodden, it is the arrangements of this covenant, contract, bargain, or agreement between the subnational states, and between the sub-national states and the central state that must be measure and studied.
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Such proposals by Rodden support the thesis that the constitution of a federal political system is a good start in discovering the dynamic processes that make such a system work. Additionally, Rodden points out the following benefit from the application of a properly structured federal system: government
accountability and safeguards against corruption since the local governments can be engaged much easier by the people and within a more manageable setting. In contrast though, Rodden also asserts the following pitfalls that the federal system when abused can lead to. First is that federalism can block the shares of growth and benefits from the national level due to excess misrepresentation between the various sectors of the territory. Another is an extension of the first, that the division of power between national and local authorities can cause a hindrance to national economic planning. These application theories are grim reminders of what this thesis must consider in analyzing the changing of the Philippine constitution into a federal system of government. The political system is to be applied or changed in order to improve the existing order and/or correct irregularities and problems. Mishandled policy changes to the very heart of the political system the constitution could cause drastic feedbacks that can be insignificant changes or more governmental problems or worse a failure of the state. Several studies cited above promote a movement from centralism towards a dispersion of authority into the hands of component states. This way leads to the duality of consolidation and fragmentation of power (Hooghe and Marks,
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2003). According to Elazar, federalism is a way of promoting consolidation of power even if the population is diversified (Watts, 2000). Yet federalism in Thus
process distributes power into vertical levels and in spread of area.
federalism has two seemingly incompatible components that must be used in harmony for a healthy formation of a political system. Lisbet Hooghe and Gary Marks have made a study on ways to disperse the power of the state while preserving the functionality and integrity of the system. According to their
findings, the rearrangement of the political system in a power dispersive manner can cause impediments towards and within the state. To this, both authors have studied advantageous ways to do such a process without causing damage to the state. Hooghe and Marks made two means of solving this dilemma. These were Type I and Type II governance. Both of which are characterized by how they have been organized to address specific issues raised by both authors. Their types of governance are guided by the following considerations: 1. Should jurisdictions be designed around particular communities, or should they be designed around particular policy problems? 2. Should jurisdictions bundle competencies, or should they be functionally specific? 3. Should jurisdictions be limited in number, or should they proliferate? 4. Should jurisdictions be designed to last, or should they be fluid? (Hooghe and Marks, 2003). These two researchers Type I governance strictly follow the first options in each question, while Type II contains characteristics that have the second
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option to each of the questions above. However that both authors used such typology with a focus on federal governments, both types apply to federal and unitary structures. Since dispersion of powers apply to both in terms of
decentralization. What is significant with this study by Hooghe and Marks adds to the literature of finding ways of building a good government for the unique situations that pervade in the socio-political system of a given country. In
conjunction with the study of politics as a science of power and government, state formation and government restructuring must have proper educated guidelines. This is to ensure a lasting and functioning government that can provide for the benefit of the people. Another important concern of the political scientist is to guard the state from the phenomenon of state fragmentation. State fragmentation is a danger to both territorial and sovereign integrity within a given country. Jieli Li traces historical events in specific cases to find causes and safeguards against such a threat. According to Skocpols concept of state autonomy, both the state and social groups within the territory can have opposing concerns (Li, 2002). To this, Li juxtaposed Tillys 1993 argument that revolutionary situations lead to particular cases of state fragmentation in order to analyze situations in Russia, Yugoslavia, Iran and China. Lis research applies also to the Philippine situation since conflict in the Muslim areas of the Philippines may also lead to secession. Li argues though that
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groups calling for cession are simply the part of the process of state fragmentation and not the antecedent. What then is or are the antecedents? Li enumerates most importantly the interaction caused by changes in power relations between states, and the eventual territorial strategic position of the central state. Next is the connection of the territorial strategic position of the central state, and its ability to manage resources. Finally, there is the connection of the quantity and kind of resources, and the degree of the capacity of the central state to enforce its will within the territory. As federalism has been an innovation in the art of government, Electronic Access to Government hereafter referred to as E-government is another design for the purpose of easy access of the people to the government and its services. Jaegers study, published in 2002, examined dynamics between E-government practices and the main guiding principles of the American constitution. According to the study by Jaeger, E-government pertained to 24-hr access to government services, information, goods, benefits, and activities, bridging the elements of the government together through one portal. This system, however useful as it may be, pose possible conflicts to two fundamental principles of the United States constitution. These two principles are 1) the principle of separation of powers and 2) the principle of federalism. Jaeger iterates both principles as principles that separate powers, in contrast, E-government is a uniting factor, bringing together what has been separated into union for easy access to the people.
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E-government is a policy from the center. It creates legal relationships between the federal government and the component states. One example
provided by Jaeger was with the Office of Management and Budget. In the scenario, E-government provided better means for states and localities to make their report requirements, it also provided such states and localities better means to participate in providing services to the citizens alongside the federal government. Such situation, Jaeger notes, places the component states under liability to the federal government created by E-government system. The same study noted other problems with data integration which could threaten the individuality of laws within the each states or localities jurisdiction. From Jaegers study it is important to note two aspects important to this thesis. First, that Federal policy affects government bureaucracy especially on how they could become more efficient or more prone to legal squabbles of liabilities, and that the same bureaucracy have significant dynamics that have implications to the basic law of the state. One way of achieving good government is by having a more efficient delivery of goods and services or a means for citizens to access such goods and services. As Jaeger has illustrated federal systems can have positive and at the same time constraining effects to policymaking, even for the purpose of efficient public service. Second is that states and localities in a federal system are not characterized simply by having been categorized by the federal government. These states and localities have individual traits shared among its constituents that are governed by laws designed
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to meet the customs and traditions or, if not simply the values shared within a specific states jurisdiction. 2. Federation and the Management of Heterogeneous Systems. Tools always have the capacity to work in two opposite ways. A scalpel can be used by a surgeon to save a life, or it can be used to stab a person and cause harm. Federalism is also a tool as much as it is used to organize the system of government in a given system. But as all tools must be used for the common good, so must federalism. As stated by Elazar, federalism can help accommodate dissident groups or areas that pose a threat to the integrity of sovereignty and territory. On the other hand, in a case study by J. Isawa Elaigwu over state building in one of the African Nations, he depicted a grim abuse of the flexibility of federalism. This study published in 2003 in Publius narrates how the federal system of government in Nigeria was able to accommodate the unique political concept of Islam. Nigeria adopted such a system to as a means of aggressive subnationalism between Christian and Muslim groups. The author Elaigwu has
described the society of Nigeria as having a high level of religious tolerance and as the government history of Nigeria unfolded from the 1800s to the 1900s, Muslim religious contexts on law and justice were eventually incorporated into the constitution. These include the pervading force of Sharia and the
implementation of Zakkat over Islamic personal matters (Elaigwu, 2003). In contrast to the Philippine unitary system wherein the whole of the Philippines is
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placed under a secular government with Sharia courts operating only in the Muslim areas, it is observable in the study by Elaigwu that the reverse is true in the Nigerian experience. Nigeria not only had local lower courts, but the
constitution also provided for upper courts, Sharia court of appeal, and even a Supreme Sharia in Zamfara (Elaigwu, 2003). Eventually problems occur.
Systemically the change created feedback in the society in addition to the results of actually having the implementation of a Sharia law in such an extensive manner. Immediate opposition arises from Christian groups. Quoting Elaigwu, Christians were not expected to be taken to Sharia courts yet there were indirect effects to the same such as closure of hotels, bans on the sale of alcohol and discrimination in contract awards and in permit licenses. Aside from opposition, there were other issues on the implementation of Sharia. These issues include severity of punishments in the Sharia penal code, and gender issue in the administration of justice. Punishments in the Nigerian Sharia penal code included the decapitation, amputation and stoning to death. The legal system also has a tendency for harsh punishment for women under trial with adultery and yet men escape punishment for lack of evidence and technicalities (Elaigwu, 2003). The case study of Elaigwu reminds a very important fact for the Philippine project of constitutional revision. There is a proper extent for accommodation of ethnic, cultural, and religious groups. Proper safeguards must be established to maintain balance in the adoption of policies. These policies not only affect single
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individuals but a great number of people. The flexibility of the federal system must be able to accommodate and yet at the same time must retain the capacity of a political system which is responsible for guiding and molding the nation into a stable state that promotes true justice and human rights. Ronald L. Watts contributed to the Publius compilation of essays in memory of Daniel Elazar with a tributary exposition of the great political scientists works. Elazar was a great political comparativist who has specialized on the study of federal political systems around the globe. He was the founder of the Center for the Study of Federalism, a valuable member of both the International Association of Centers for Federalism, and of the Forum of Federations. In this research essay, aside from making a historiography of
Elazars accomplishments in establishing research institutions on comparative federalism, Watts also made a discourse on Elazars Comparative Federalism. By doing so, Watts was able to create a panorama on Elazars theories on federalism. Elazar is attributed with the argument of federations as covenants of various autonomies ruling their own jurisdictions alongside with a collective power of administration. From this he is also credited for observations in the variations in which decentralizations can occur in federal systems (Watts, 2000). Hence federal systems do not immediately entail decentralization. It simply
creates a situation for further decentralization by recognizing the individuality of states. According to Watts, comparisons by Elazar pointed out variations in the manner of decentralization of power between federal countries. Hence
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decentralization or the extent of it does not actually define federalism. Rather it is the presence of sub-states and central states. These sub-states and central states compose the true self-rule and collective rule respectively in the ideas of Elazar. Another concept that Elazar put forward is the application of federal flexibility upon issues of civil conflict or internal threat leading to possible breakdown of state or cession. According to Elazar, the use of federalism can lead to conflict resolution and the possibility of eventual concord. This is a useful theory in application to the Philippine situation and the objective of creating a stable peace in Muslim Mindanao. The study by Elazar proposed not simply federation but also confederation as a solution to ethnic conflict. Based on several cases though, both in the observations of Elazar and Watts, either federations or confederations have both difficulties and successes in the containment of peace. Thus in application, the theory of Elazar on the capacity of federal and confederated states to resolve civil ethnic aggression within the polity of system is relative to particular situations and contexts. Such is a significant lesson for this thesis and for the Philippine government. The federal theory does not easily apply universally; hence the distinctive characteristics of particular successes must be discovered as an aid in applying a federal system of government to a specific country, or else change might not actually lead towards the desired result. 3. Federalism and Political Economy The basic economic theory on federalism lies on the assumption that federal political systems lead to a better economy. This concept has been
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practiced and has brought about the blessings of national wealth to some countries able to harness its full potential. Political Economy researchers Rodden and Wibbels (2002) and more recently Brueckner (2006) used both quantitative and qualitative analysis to test federalism effect on federalism. Both of which
removed the federalism-decentralization dichotomy. What Rodden and Wibbels called the fiction of federalism is that simply decentralizing is not federalism. Rather there are other compoenets of unique to federalism that brings about the economic blessings particular to its model countries (Rodden and Wibbels, 2002). In Fiscal Federalism and Economic Growth, Brueckner uses logical mathematical models in explaining and achieving a sophisticated delving into the nature of federal influence over the economy in a given political system. Brueckner took into account various models and empirical findings from several works, including among others, those of Alesina and Spoalore (1997), Oates (1972), Tiebout (1956). From these findings he tested several formulas that compared and explained the relationship of several factors that lead to better opportunities of economic growth under two circumstances: federal system and unitary system. Brueckners method tested the idea that national-local level shifting of government expenditure regarding the provision of public goods has an effect on economic growth. It is further assessed that such effect is more positive on the economy in a federal system. Such an effect is attributed to the fact that the transfer of government expenditures in a federal system provides a situation
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wherein public goods provided are adapted to the varying wants of constituents. This extends the economic theory of federalism into the theory of federalism as a flexible system of government that can adapt to heterogeneous cultures, ethnicities and religious backgrounds. The same differences such backgrounds dictate upon individual consumers and/or consumer groups, their preferences in turn have an effect on the economy of the nation as a whole. Cultural, ethnic and religious backgrounds aside, Brueckner also adds the following factors as that lead to the federal systems successful economic operation: First are savings made possible by government provision of public goods. Second is the jurisdiction over taxation which is the resource of the government in the provision of public goods. Last is the jurisdiction over the provision of public good provided by the government to its constituents (Brueckner, 2006). Jurisdictions in the last two factors are clearly delineated in the vertical or areal distribution of government authority. Brueckner introduced in his study that the preferential backgrounds of constituents and the jurisdictions of governments over the economy in a political system are both temporal and areal. Temporal jurisdiction involves human development from youth to adulthood which shapes preferences. Areal jurisdiction is dependent on location which unifies by
proximity of residence, business location, or the backgrounds of member individuals and groups.
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The study by Brueckner, however vastly technical in terms of mathematics, yields great insight for the student of federalism by having discovered hidden factors within the mechanism of federal political systems. It lends guidance to this thesis by the goal that devices that make a federal system successful in local ethnic peacekeeping, and promotion of proportional regional economic development must be discovered. Aside from these, based on findings from other literature in the field of comparative federalism such as Elaigwu, Jaeger, Li and Watts discussed above, as they describe possible negative feedback with a mismanaged federal system application the goal of searching for safeguards incorporated into the structure of a federation must also be discovered. Federalism as a political-economic theory traces its roots to the times of Madison, Jay and Hamilton in writing the Federalist Papers. applications of the theory eventually end up with modifications. Having a federal system of government does not necessarily lead to growth. Jonathan Rodden and Erik Wibbels in a quantitative comparative study published in World Politics in 2002 both expressed the fiction of federalism based on the data that there are great differences on economic performance of federal countries. Their study classified six hypotheses into three macroeconomic aspects in federalism. These aspects of management in federalism were: 1) Fiscal Federalism, 2) Political Federalism, and 3) Jurisdiction Structure. The topics the hypotheses focused on were on the increase of, decrease of, and control over Although
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deficits, inflation and expenditures. The hypotheses tested in the study were worded as follows: H1) H2) H3) A federations capacity to control deficits and inflation declines as levels of expenditure decentralization increase. A federations capacity to control deficits and inflation declines as levels of vertical fiscal imbalance increase. The effects of expenditure decentralization (H1) and vertical fiscal imbalance (H2) are conditioned on one another. A federations capacity to control deficits and inflation increases when political parties create incentives for cooperation between the center and provinces. A federations capacity to control deficits and inflation decreases with the share of total provincial expenditure carried out by the largest province. A federations capacity to control deficits and inflation decreases as the number of provinces increases (Rodden and Wibbels, 2002)
H4)
H5)
H6)
After statistical tests on the variables, Rodden and Wibbels found varying results among each of the hypotheses. It is significant to observe that these two authors concluded: other things being equal, increased decentralization of expenditures in federations is associated with lower deficits and inflation. In addition to this, both authors found that the relationships between governments have influence over economies of federal systems. This study by Rodden and Wibbels adds to the argument for systematic checks for the planning of a federal system. Simply adopting federal systems or simply decentralizing power is not enough. The study points out that the relationships of components in political systems have effects on the economy. Thus the mechanism that provides or controls such relationships must also be checked for better state planning.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL B. Local Literature 1. Federalism and the Philippine Situation
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The Philippine socio-political system has had problems similar to those discussed by Ghani, Lockhart and Cranahan at the beginning of this chapter. These problems that threaten to destabilize the state include the states loss of legitimate monopoly on the means of violence (as evidenced by use of violence by insurgent groups), inadequate administrative control in the peripheral regions, the need for efficient management of public finances, and the need for development and investment in human capital. Philippine scholars such as
Arizala (2005), Abueva (2001), and Quimpo (2001) conducted researches either specifically on the problem and its roots or delved into the merits of the currently proposed solution. Both Arizala and Abueva directed their knowledge on constitutional principles to analyze the use of federalism to bring about advantageous results in the Philippine socio-political system. Quimpo on the other hand researched on the Mindanao insurgency problems and sought answers. Among the Quimpos findings is that federalization is an applicable solution in diffusing the armed conflict in the Philippine south through a political system that accomodates their socio-political culture. Attorney and former Philippine ambassador Rodolfo A. Arizala wrote an article for The Lawyers Review. In this article, Atty. Arizala traced historical influences into the formation of the Philippine Bicameral, Presidential, Unitary
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system of government. Although, he focused more on the bicameral - unicameral and presidential - parliamentary change, he still made an adequate discussion on federalism. He made a citation on antecedents for federalism, a list of countries with federal governments and classifying them between Federal Republics and Democratic Federal State Systems. Despite failing to discuss the substantive difference, if any for such a distinction between federal systems of government. In addition to this, Arizala also commented on cultural similarities between the Americans and the Swiss, both of which have federal forms of government. Atty. Arizalas scholarly essay though was ambiguous with his support for the Philippine adoption of a federal system of government. However, he provided caution as to the possibility of change since the Swiss and the Americans had to undergo a lengthy and hard experience before being able to make such a government work. But in general, Atty. Arizala opposed the policy of changing the constitution for the purpose of dealing with current problems because of historic examples in the evolution of the Philippine constitution. In comparison, Professor Jose V. Abueva, President of the Philippine Political Science Association, fervently supported the concept of Philippine federalism. In an article published in the Journal of the Integrated Bar of the Philippines, he itemized several rationales for such a plan. These rationales
though were listed as a set of several hypotheses on what advantages the federal system could give the Philippines. These included promotion of democracy, local responsiveness, people empowerment, territorial consolidation, and strengthening
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL of the nation-state.
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From these hypotheses, Abueva proceeds to discuss
theoretical applications of the parliamentary system, and then promotes a draft constitution for a Federal Republic of the Philippines. Still, such advantages posited by Abueva remain as hypothesis until 1) the plan actually is implemented and the Philippines practices federalism for several years enough to gain results, and 2) studies can be made for the Philippines suitability for a federal system of government. responsibility of the second step. This thesis takes on the
By studying constitutions of successful
countries, the Philippines can learn and adopt the fruits of such experienced countries and have a new constitution made to adapt to its problems. Focusing on the Moro insurgency problem that has for years persisted in the Mindanao area of the Philippines, Nathan Gilbert Quimpo (2001) has explored solutions posited in an article published in Asian Survey. Quimpo narrated
experiences by recent Presidents such as Presidents Estrada and Ramos that lead to temporary arrangements but not lasting solutions to the hostilities in Mindanao. Quimpo also used a historic trace as to the cause of such hostilities. Here he attributed the hostilities in Mindanao to the differences between Christian and Muslim culture, religion and perspective on government. This situation he further avers escalates to the level of the nation-state. According to Quimpo, the Muslims resent being placed under the authority of state whose power mainly comes from the majority of its populace, a populace which is composed by a majority of Christians. This situation
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overwhelms the political system and suppresses the Muslim people within the system. Hence the armed conflict arose that continued since the Spanish arrived to spread the Christian word to the Philippine islands. Such hostilities can be solved according to Quimpo through the following options for Moro self-governance: a) secession, b) accommodating the idea of an Islamic state or System, c) regional autonomy, and d) federalism. Secession is not really a viable option since it threatens the integrity of the Philippine territory and sovereignty. Regional autonomy on the other hand has already been used in the 1987 Constitution and as events prove, has not been able to solve the problem. Simply granting a degree or high degree of freedom is not the proper solution. As Quimpo has posited, being placed under a Muslim majority government is the root of the hostilities. Hence the solution must be one that accommodates such as solution.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CHAPTER III RESEARCH METHODOLOGY
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United States of America
Canada
Commonwealth of Australia
Federal Republic of Germany
S I M I L A R I T I E S
T H E O R Y
A P P L I C A T I O N
Figure 3. Research Design
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Method This study underwent two stages of qualitative content analysis of four federal constitutions. Namely those constitutions are of (1) the United States of America, (2) Canada, (3) Australia, and (4) Germany. On the first stage, these constitutions were evaluated comparatively to seek the commonality of provisions on (a) decentralization of political power and (b) de-concentration of economic forces and administrative skills. Through this method, the researcher was able to consolidate both firsthand and substantive data on developing a theory of federalism. The second stage evaluated how the two elements of theory in the first stage became antecedents respectively leading to processes and applications of (a) liberalization of democracy, (b) creation of opportunities for regional economic development, and (c) national unity, sovereign and territorial integrity. Through this method, the researcher was able to analyze how to apply federalism to the Philippine Republic. Sampling This thesis studied only the constitutions of four states of federal countries. These states are the United States of America, Canada, Australia, and Germany. These samples have been chosen for their successes in the federal system experience. Also these states combined represent the continents of North America, Europe and Australia, which creates a diversified manner of data collection.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Design
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The research design utilized for comparative qualitative method was the Most Similar research design (Burnham, 2004). It has been patterned after John Stuart Mills Inductive Method of Reasoning (Method of Agreement). This is supplemented by the constitional-structutralist research method of Zachary Elkins,7 Tom Ginsburg,8 and James Melton9 of the Comparative Constitutions Project (University of Illinois). The model constitutions were studied and data on similar provisions were observed. The significance of provisions was based on the two antecedents of (1) decentralized constitutional powers of government, and (2) de-concentrated economic forces and administrative skills. These consolidated provisions were juxtaposed with descriptive information on processes and practices from each country. In application, since political, territorial, socio-cultural, and economic benefits were correlated from the two antecedents, they also became a set of theory for the grounded application of federal principles as antecedents to desired results of: (a) liberalization of democracy, (b) creation of opportunities of regional economic development, and (c) preservation of national unity alongside sovereign and territorial integrity (See Figure 3). Data Gathering
7 8
Department of Political Science University of Illinois College of Law and Department of Political Science University of Illinois 9 Department of Political Science University of Illinois
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Raw data was observed from the above mentioned constitutions regarding the following content: 1) Apparent provisions that delegated powers of the
national state government. 2) Apparent provisions that delegated powers of the component states. 3) Undesignated powers between the national state and the component states (Gray Areas). The same contexts were used to guide the
researcher in seeking out actual examples of processes and practices in each country through secondary sources from written and seminar presented works on the model federal countries. Data Categorization Gathered data was categorized in the following scheme: 1. Theory a. Liberalization of democracy in the model constitutions through decentralization of constitutional powers of government and administration. b. Creation of opportunities for regional economic development in the model constitutions through de-concentration of economic forces and administrative skills. 2. Application a. Liberalization of Democracy in the Philippines through federal decentralization of constitutional powers of government and administration.
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b. Creation of opportunities for Regional Economic Development in the Philippines through federal de-concentration of economic forces and administrative skills. c. Preservation of national unity, sovereign and territorial integrity in the Philippines. Analysis The data from the four constitutions were evaluated by taking into account processes of two important factors. First is on how provisions on decentralization of constitutional powers of government lead to liberalization of democracy. Second is on how the de-concentration of economic forces leads to the creation of opportunities for regional economic development. Through this analysis, a theory was formed that can be applied to the Republic of the Philippines regarding the status of democracy and regional economic development. In addition to this, the researcher analyzed the possibility of a by-product between the two processes. This is the preservation of national unity, sovereign and territorial integrity in the Philippines.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CHAPTER IV DATA PRESENTATION AND ANALYSIS A. The Seven Essential Features of a Federal Political System:
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Through an analysis of the written constitutions of the four countries, the similarities yielded results which this research stipulates as the seven essential features of a good, working federal political system. Together, these seven
essential features constitute a Federal Convention (Tanguay, 1979), a set of guiding principles inherent in the constitutions (convention, covenant) of model federal countries. These characteristics are as follows: 1st Essential Feature: Two levels of government existing in their own
right under, one constitution. The written constitutions of U.S. (1776), Canada (1867), Australia (1901), and Germany (1949), are each a sovereign state. Each of these federal countries are composed of regional governments called states (United States and Australia), provinces (Canada), or lnder (Germany). These states are unified into one single federal state by a single Constitution. Each of these levels of government (federal/national and regional) have competent powers to rule within their respective territories. Such powers will be further discussed in the 2nd Essential Feature (for the Federal/Central Government) and the 3rd Essential Feature (for the Component State
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Government). What is most significant in this foremost feature is the recognition of existence and its resulting benefit within the system. The constitutions of these countries name regional divisions as individual states, individual provinces, or individual lnder that compose the unity of the Federation and delineate means on how each state can participate in national and local levels of government. Through this process, it is the constitution which grants legal recognition to the named locations as existing component states, provinces or lnder. This in effect grants the right of their respective
governments to rule within their area of jurisdiction. The Constitution of the United States of America lists the member states which were present at its ratification. It also provides a means for new states to be admitted into the Union (Article IV. Section 3). These states are given
governmental voices in the Federal Legislature whose Lower House (House of Representatives) is composed of Representatives from each state, and is numbered in proportion to each states population (Article I. Section 2). The Upper House of the legislature (Senate) is composed of Senators, two (2) for each state (Article I. Section 3). The Chief Executive (President) is chosen through a set of Electors representing each of the states, the number of Electors for a particular state is equal to the number of Senators and Representatives entitled to it in Congress (Article II. Section 1). Comparatively, Section 22 of the Canadian Constitution lists the Provinces which compose its Federation. Sections 146 147 are provisions that compose
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part IX of the constitution, and it delineates means for the admission of new provinces. Section 22 classified provinces into Four Divisions, and provided that each division be entitled to 24 Senators each. Sections 37 40 assigned the number of House of Commons Members for each of the provinces. In the Australian Constitution, Section 26 lists the original states of the Commonwealth. This same section apportions the number of Representatives for the Lower House. Section 7, on the other hand, ensures that the number of Senators should always be equal even if the numbers are eventually increased by Parliament. The preamble of the German Constitution lists the lnder that are united within the Federation. The German Upper House (Bundesrat) is composed by members, which are appointed by Land (lnder) governments. Each Land is entitled to at least three (3) votes. The number of votes a land is entitled to increases by two/two million inhabitants, by four per six million inhabitants, and by six per seven (or more than seven) million inhabitants. Each Land government can appoint Bundesrat members equal to the number of votes it is entitled to (Article 51). As evidenced above, recognition creates an environment wherein the multifarious territories; each having their own cultural personalities can be happy or content. This is so since they are given identification as existing Constitutional political entities. They have their own government, which is represented, and can
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exercise powers to legislate, administer the laws, and dispense justice within their bounds. 2nd Essential Feature: A Central Government directly elected by the electorate of the whole country, making laws and taxation applicable to all citizens. The national government level in a Federal Political System is known as the Federal Government. Its very existence is a unifying factor within the
federation. What makes this system effective is the manner of choosing the Federal Chief Executive and the members of the Federal Legislatures. In addition to this, the Constitution grants supervisory powers to these Federal organs of the government over the entire territory of the federation. These powers further act as means to consolidate the component states into a cohesive whole. Such
institutionalization of powers by the Constitution furthers unity within a diverse political system. a. Manner of Choosing the Chief Executive. The Chief Executive holds the reigns of administrative power. As such, he or she must have the confidence of the varying component states of the Federation. It is through a process of universal suffrage, based on the proportion of the states populations, that stability, support, and thus obedience from the local governments is secured.
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The President of the United States of America is chosen by a group of Electors, who are citizens appointed by each state through the direction of their respective legislatures. The number of Electors that represent a state equals the whole number of Senators and Representatives to which that state is entitled to in Congress (Article II, Section 1). The Federal President (Head of State) of Germany is elected by a group of legislators also termed as the Federal Convention (Article 54, Paragraph 1). This convention consists of members of the Bundestag and an equal number of members elected by the parliaments of the lnder on the basis of proportional representation (Article 54, Paragraph 3). On the other hand, the Federal
Chancellor (Head of Government) of Germany is elected by the Bundestag (Article 63). b. Powers of the Chief Executive The making of laws requires several minds, pooling their knowledge, wisdom, and experience together. The execution of laws requires a single pair of hands wielded by one authority. This individual is the Chief Executive or the Head of Government. Having a singular person in charge of national supervision and administration ensures unity and focused implementation of policy. The manner of his/her election as described above establishes support from each of the regional levels. And the powers ascribed to him/her by the constitution allows him to ensure justice and fairness in the throughout the federation.
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The Chief Executive in each of the compared countries exercise the following powers: approval of national laws (United States, Article I, Section 7), (Germany, Article 82, Paragraph 1); command of martial forces (United States, Article II, Section 2), (Canada, Section 13), (Australia, Section 68), and (Germany, Article 65a); representing the federation internationally, entering into agreements (treaties) for the federation (Canada, Section 132), and (Germany, Article 59); appointment of Judges of the Supreme Court (as consented to by the Legislative Body) [Canada, Section 99, Subsection (1)], [Australia, Section 72, Subsection (ii)], and (Germany, Article 60, Paragraph, 1). c. Election and Apportioning of Members of the Federal Legislature. In terms of the Federal Government, the manner of apportioning the seats within the legislative bodies is of utmost of importance. Just as election conveys support for the chosen legislator, a system of fair and proportional allocation of representatives for each of the states ensures that the laws created by the Federal Legislature are accepted and obeyed in every component state. This is so because the states are properly represented. The states assume or are aware that when any Federal law is made, each of their unique concerns and idiosyncrasies have been voiced by their representatives and have been given consideration.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 1) The Upper House
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The upper house of the legislatures of U.S., Canada and Australia are all styled as the Senate. (United States, Article I, Section 1), (Canada, Section 17), and (Australia, Section 1). The German upper house is called the Bundesrat (Article 51). In the U.S. (Article I, Section 3, Paragraph 1), the Senate is composed of two (2) senators from each state chosen by that states Legislature. The Canadian Senate is composed of Senators. In the Constitution, the Senate consists of four Divisions, with each division having twenty-four (24) Senators. The Divisions and their respective provinces are: 1) Ontario; 2)
Quebec; 3) The Maritime Provinces (Nova Scotia, New Brunswick, and Prince Edward Island); 4) The Western Provinces (Manitoba, British Columbia, Saskatchewan, and Alberta). The same constitutional provision (Section 22)
proportionally allocates how each province gets a share in the 24 seats allocated to their respective divisions. The Senate of Australia was initially composed of six (6) from each of the original states. This system can be changed by Parliament, increasing or
decreasing the number, to ensure an equal number of representation. However, it is prohibited that no original state shall have less than six Senators (Section 7).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 2) The Lower House
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The U.S. (Article I, Section 1) and Australian (Australia, Section 1) legislative lower houses are both called House of Representatives in Canada (Section 17) it is called the House of Commons, and in Germany it is the Bundestag (Article 51). The House of Representatives in the U.S. is composed of representatives who are apportioned according to the population of their respective states (Article I, Section 2). The same is true with Representatives in the Canadian House of Commons (Canada, Sections 37, 40, 41, 50, 51, 51A, and 52.), the Australian House of Representatives (Section 24), and the German Bundestag (Article 51). d. Federal Control over Militia. Certain areas of life under the federation are placed within the powers of the federal legislature instead of those of the component states. This general policy takes into consideration the concerns of the regions, states, provinces, and lnder who compose the Federation. Through such measures, uniformity, order, fairness and unity is achieved and ensured. The Rule of Law again is made ever present through its guidance over general state affairs partnered with equalization of opportunities through certain measures of federal intervention. Without this, there will be a potential for chaos in the political, social and economic systems. This is so because the lack or absence of federal intervention leads to imbalance in the scheme of allotted
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chances of resources or misuse by the local governments. Certain situations where in some areas develop while others do not, or that some areas increase in political power while others do not arise will continue without some form of monitoring or control from the federal government. The following discussions discuss the most prominent and common powers granted to the federal government by the constitutions of the four countries. The basis to establish and maintain an armed force comes from federal legislation. The use of force is important to remain within the hands of the federation, not within the component states. This holds true to all four model countries (United States, Article I, Section 8, Paragraphs 1, 12, and 13), (Canada, Section 91, Subsection 7), [Australia, Section 51, Subsection (vi)] and (Germany, Article 73, Paragraph 1). If the component states gain the power to have militia, then the balance and unity of the federation can be threatened. The particular constitutions of the United States and the Commonwealth of Australia even go as far as prohibiting the states to have troops or create and support any military or naval force without the consent of their respective federal legislatures (United States, Article I, Section 10, Paragraph 3), (Australia, Section 114). e. Federal Taxation Power. In each of the four written constitutions studied, all four have provisions regarding a certain degree of taxation power reserved for the Federal Government. This is to ensure a source of revenue fund for the general use or lifeblood of the
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Federal Government. It also functions as a resource pool for the general welfare or aid resource for the member states when needed. Among the four models, two countries can be paired as having similarities with each other. The others are unique. To illustrate; both Canada and Australia use a system of Consolidated Revenue Funds to equalize their system. On the other hand, United States and Australia both have general provisions that prohibit certain policy actions from the legislatures of states in order to ensure equality and order. Finally, the
constitution of Germany has guidelines for concurrent legislative powers (Article 74) and joint taxes between the federal government and the lnder (Article 106, Paragraph 3). It is apparent that federal political systems contain provisions that allow for federal intervention that can equalize the socio-economic arena, and grant true opportunities for states not suitably equipped to pursue development goals. This is what makes the four constitutions similar in principles and goals however unique the processes or means. The United States, Canada, Australia, and Germany are similar in the sense that their Constitutions place general legislative powers of taxation to the Federal Legislature (United States, Article I, Section 8, Paragraph 1), (Canada., Section 91, Subsection 3), [Australia, Section 51, Subsection (ii)] and (Germany, Part X). The same reference in the U.S. Constitution expressly states that such measure is for the purpose of uniformity, and in Australia [Section 51, Subsection
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(ii)] such measure is to regulate against discrimination between states or parts of states. In contrast, the German Constitution (Article 105, Paragraph 1) grants to the Federation exclusive legislative power of taxation only over customs duties and fiscal monopolies. Paragraph 2a of Article 28 grants the lnder power to legislate regarding taxes on consumption and expenditures as long and insofar as they are not substantially similar to taxes imposed by federal law (Article 28, Paragraph 2a). A fair system of taxation is ensured by having it placed within the set of powers of the federal legislatures. All four countries have varying practices on granting the taxation power. In the U.S. (Article I, Section 8, Paragraph 1), the power to lay and collect taxes, duties, imposts and excises is a sole power of Congress to ensure uniformity. In Canada (Section 91, Subsection 3), raising of money by any mode or system of taxation is an exclusive legislative power of Parliament. However, Section 92, Subsection 2 also provides the Provincial
legislatures powers for direct taxation in order to raise their own funds for pursuing their needs and goals. In Australia [Section 51, Subsection (ii)], the power to tax is reserved for the Parliament of the Commonwealth to regulate against discrimination between states or between parts of states. However, in Germany (Article 105, Paragraph 1), only customs duties and fiscal monopolies are placed within exclusive powers of the federation. The system of concurrent powers in the German Constitution
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guide which kinds of taxes should be legislated over by the federation or by the lnder (for the purpose of equal living conditions, maintenance of legal or economic unity) (Articles 72, 105, and 106). These provisions in the four models serve a three-fold purpose. The Federal power over taxation is a means for maintaining order and unity in revenue sources. It allocates sources of funds for use by the Federal Government. And finally, they are also means for helping states, in order to balance the economic environment, by providing opportunities for less able states. f. Federal Legislative Management over Currency. Currency must be uniform throughout the federation to support a proper regulation of trade and commerce. The federal legislatures are responsible for the creation and regulation of the various forms of currency; paper money, coin, legal tender among others (United States, Article I, Section 8, Paragraph 5), (Canada, Section 91, Subsection 14), [Australia, Section 51, Subsection (xii)], (Germany, Article 73, Paragraph 4). g. Federal Legislative Power to Borrow Money for the Federation. The governments borrowing of money for use of the public, and hence on the credit and responsibility of the public, must be made in a forum where the states representatives can speak for them. In the four constitutions, the power to borrow money on such situation is placed in the hands of the federal legislature (United States, Article I, Section 8, Paragraph 2), (Canada, Section 92,
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Subsection 4), [Australia, Section 51, Subsection (iv)] and (Germany, Article 115). h. Federal Legislative Power over Postal Service, Communication, Rails and Navigation. Communication and long distance transport is important within the federation to ensure unity and smooth flow of administration. Federations are composed of several states, are usually large in terms of territory, and may even have component territories in outlying islands. Hence it is imperative that the federal legislature be able to govern by means of law making basic means of communication such as postal service and or telecommunications (United States, Article I, Section 8, Paragraph 7), (Canada, Section 91, Subsection 5), [Australia, Section 51, Subsection (v)] and (Germany, Article 73, Paragraph 7). Long
distance transport such as railways that connect component states and means of navigations also fall under the same jurisdiction of the federation (Canada, Section 91, Subsection 10. Navigation and Shipping), (Australia, Section 98, Subsection (xxxii) Rails, Navigation and Shipping) and (Germany, Article 73, Paragraph 6a - Federal Railways, and Article 74, Paragraph 21. Navigation and Shipping) i. Federal Power to Handle Foreign Affairs. The national government of a federation has the power to handle affairs and dealings with foreign powers, nations, and states. This power is not simply
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an application of general policymaking power and administrative power. It is a manifestation that regional governments are all parts of a single whole, and that single whole is the entirety of the federation. By fact, the federation as a country is which is represented internationally by the national level government. In administrative application, the constitution of the U.S. (Article 1, Section 3) grants the president powers to receive ambassadors, and that of Canada grants the executive government powers to perform obligations arising from treaties with foreign countries (Section 132). In policymaking, the legislatures of all these countries are specifically granted powers to regulate trade with foreign countries. The Supreme Courts of each have jurisdiction over cases affecting treaties and relations with foreign political persons. Germanys case is made unique with the express constitutional provisions that the lnder may legislate to conclude treaties with foreign states (Article 32). However, this power is held in check within the same constitutional article that such treaties conducted by the lnder must be given consent by the German Federal Government. j. Federal Authority to Admit New States. The admission of new members into the federation is a decision that involves all the current members. Hence the power to admit new states and provinces within the United States, Canada and Australia is handled by their respective federal legislatures (Article IV, Section 3, Paragraph 1).
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Germany only differs since its Constitution (Article 29, Paragraph 1) instructs on the possible creation of new lnder by delimiting pre-existing lnder. In this system, federal law creates the delimitation with respect to regional, historical, and cultural ties, economic efficiency, and the requirements of local and regional planning. This delimitation is then confirmed by a referendum held among the population of the affected pre-existing lnder (Article 29). In addition to admitting new states, it is also the federal legislature which is in charge for the uniformity of regulations regarding aliens and citizenship through naturalization (United States, Article I, Section 8, Paragraph 4), (Canada, Section 91, Subsection 25), [Australia, Section 51, Subsection (xix)], and (Germany, Article 74, Paragraph 4. And Article 73, Paragraph 2). 3rd Essential Feature: Regional Government Units exercising
constitutionally delegated powers over their members. a. Constitution Preserves Pre-existing Laws in the
States/Provinces/Lnder. Federations are exemplars in the practice of the rule of law. The
Constitution forges the union of the federation. It accomplishes this by having the existence and powers of the local governments based on constitutional devolution rather than based on the whim of the federal government. It is also practiced through the upholding by the Constitution of the laws of the states which compose the Federation. Such recognition of the identity of every individual local state, province or Land via the instrument of the law, instead of those men and women
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who compose the National or Federal Government, creates a situation of equality and respect for autonomy. The Constitution of Canada contains several provisions that perform such function of upholding the laws of the component states. In Canada, the
Constitution preserves pre-Union existing laws, and compositions of Provincial Offices until otherwise provided for in the Constitution, or until otherwise altered by Parliament. Such Sections of the Canadian Constitution include: Section 64 constitution of the Executive Authority of Provinces, Section 84 election procedures, Section 88 constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick, Section 122 customs and excise laws of each Province, Section 129 laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all courts of civil and criminal jurisdiction, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, and ministerial. Section 130 all officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. In Australia, Chapter V of the Constitution contains provisions pertaining the composite states of the Federal Commonwealth. Sections 106, 107, and 108 begin the first three provisions of this chapter. Section 106 preserves pre-existing Constitutions of the original states or of eventual established or admitted states. Section 107 preserves the powers of original state parliaments or of future
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established or admitted states (unless such powers are vested by the Federal Constitution to the Parliament of the Commonwealth). And Section 108 preserves pre-existing state laws (statutes) relating to any matter within the powers of the Parliament of the Commonwealth... and until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law. Part II of the German Constitution defines basic guidelines for the Federation and for the lnder. In this part of the Constitution, Article 28 which belongs to this part of the Basic Law is a promise granting constitutional order within the lnder through self-government; it also ensures that such constitutional order is guided by principles of republican, democratic, and social state governed by the rule of law [boldface added]. b. Constitution Recognizes Local Government Right to Land, Assets, and Property. Closely attached with the concepts of liberty and autonomy is the capacity to own property and other assets, particularly land. The Canadian Constitution, Section 109, ensures that Lands, Mines, Minerals, and Royalties belonging to the several provinces before the Union are retained by the provinces to which such are situated or located. Section 117 compliments it, and it states, The several provinces shall retain all their respective public property not otherwise disposed of in this Act, subject to the Right of Canada to assume any lands or public property required for fortifications or for the defense of the country.
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The Australian Constitution mentions in several Sections including Section 85 (Transfer of state property when public service is transferred to the Commonwealth), and Section 98 (Taxation of property of Commonwealth or State) the actual capacity of states to hold property. In the German Basic Law, 134 (Succession to assets of previously existing lnder and corporations) and Articles 135 (Succession to Reich assets) delineate the fact that lnder have rights to properties and Land and the capacity for future/possible allocations of additional such assets. The American Constitution does not expressly cover such provisions but Article IV, Section 3, Paragraph 1, which deals with the possibility of formation or erection of new states from parts of any of the current member states, requires the consent of the Legislatures of the involved states for a part of their land (territory) to be used in such creation of a new state. territorial property of the states. Among these four countries, only the Constitution of Canada (Section 92) provides expressly for the powers of the Provincial Legislatures to manage and sell public lands belonging to that particular provinces jurisdiction. Germany (Article 74, Paragraph 1, Subparagraph 15) on the other hand places the transfer of land, natural resources, and means of production to public ownership or other Thus it emphasizes
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forms of public enterprise under concurrent legislative powers10 between the Federation and the lnder. The capacity to hold land and property and to sell such land and property for profit that can be used for the administration of the state, province or land is a mark of economic power through a constitutionally allocated resource. As
previously discussed above, all four written constitutions have items that point to component states having their own land, property or assets. But with regards to the selling of such properties for local use, only the Constitution of Canada has an expressed provision. This right and capacity of component states within a federation gives them a basic set of resources to pursue goals for economic development. Land and property are assets that can be used as means of investment or as capital by the administrators of a given state. With such means, the states can choose a path towards their own economic progress without the necessity of reliance upon the federation. c. Constitution Grants Local Legislative Power over Natural Resources. Among the four Constitutions, Canada (Section 92A) also expressly provides for Provincial rights and powers to explore, develop, conserve, manage, and raise money by any mode of taxation in relation to, non-renewable natural
10
Lnder shall have power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law for the establishment of equal living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest (Germany, Article 72).
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resources, forestry resources and electrical energy. In relation to this, Germany also classifies the power to legislate over natural resources as a concurrent power between the Federation and the lnder. d. Constitution Grants Local Legislative Power Over Agriculture. Agriculture is also a staple of natural economic resources. Both Canada (Section 95) and Germany (Article 74) has provisions for legislation regarding agriculture. Canada expressly places agriculture legislations under the hands of the Provincial legislature. Germany again makes it a subject of concurrent
legislation. In comparison, both in the U.S. and the Australian Constitutions, legislative powers over agriculture are undelegated.11 e. Constitution Grants Local Government Power Over Education. Healthy competition which stimulates growth and development is imperative to liberal democracy and autonomy. This concept is closely related to the capacity of regional governments to decide and handle policies on education in order to ensure quality and a competitive drive for achievement. The
production of well educated members of society improves growth and development for the locality, competition between local states to produce higher quality education extends the benefits to the entirety of the Federation. In this respect Canada (Section 93) again expressly provides for Provincial Legislatures to handle education (subject to certain conditions against prejudice in
For provisions on how issues regarding undelegated powers are settled, please see Matrix 12 in the Appendix (Provisions handling Gray Areas).
11
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the acceptance of members of social denomination). Germany (Article 74) places such powers over education under concurrent powers. Both the Constitutions of the United states of America and the Commonwealth of Australia have education as undelegated powers.12 f. Constitution Grants Local Government Power Over Direct Taxation. In conjunction to the capacity to hold property is the economic power to purchase. Powers for direct taxation granted to the local level grants states, provinces and lnder is the capacity to fund policies and projects in an autonomous manner. This furthers the liberality of the political system and
deconcentration of the economic system. Among the four cases, both Canada and Germany have expressed constitutional provisions regarding powers of direct taxation for the provinces and lnder respectively. In Canada, (Section 92, Subsection 2) expressly allows direct taxation for revenues of Provincial purpose. Subsection 9 of Section 92 adds powers to legislate by the provinces over Shops, Saloons, Taverns, Auctioneers, and other Licenses for the raising of revenues for use of that particular province. Section 92A also adds powers of taxation to provinces for the export from one province to another of non-renewable natural resources, forestry resources, and electrical energy.
12
Not delegated - powers to the United States and which are not prohibited to the States are reserved to the States [United States, Amendment X (1791)].
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In Germany, Article 105, paragraph 2a grants the lnder power to make laws regarding taxes on consumption and expenditures as long as, and insofar as they are not substantially similar to taxes imposed by a federal law. Article 106 paragraph 2, enumerates other direct sources of revenue for the lnder: (1) property tax; (2) inheritance tax; (3) The motor vehicle tax; (4) beer tax; (5) tax on gambling establishments; and (6) such taxes on transactions that do not accrue to the Federation pursuant to paragraph 1 or jointly to the Federation and the lnder pursuant to paragraph 3 of Article 106. g. Local Jurisdiction of Courts The power of a state, province or lnder to uphold justice and prosecute crimes that occurred within its territory is essential to autonomy and liberal political systems. Both the United States (Article III, Section 2, Paragraph 3) and the Australian (Section 80) constitution expressly delineates that the trial of crimes or offences (except for Impeachment United States) shall be held within the state where such crime or offence is committed. This provision ensures that the local laws and the local courts will have competent powers to adjudicate over the trial of crimes committed within their territorial jurisdiction. Both the United States Constitution, Article III, Section 2, Paragraph 3; and Constitution of the Commonwealth of Australia, Article 80, provide that the trial shall be by jury. Thus the judicial system for crimes and offenses are ensured to be protected by the principles of liberal democracy. This is so since justice is
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ensured through the avenue of a group of peers, weighing and judging the merits and faults of the case at hand. 4th Essential Feature: Allocation of sources of revenue between the two
levels of government. Sources of revenues as reliant on the powers of the federal and local level of governments have been evidenced above in the discussions of the 2nd and 3rd essential features. Here in the discussion for the 4th essential feature, the method of allocation characterized by proper regulation and fairness of allocation is emphasized. a. Existence of Consolidated Revenue Funds. Both Australia and Canada expressly use the term Consolidated Revenue Fund, which is a pool of duties and revenues collected throughout the federation. Its purpose is to ensure a general account for the funding of the public service through the administration of the federal government (Canada, Sections 102 to 106), and (Australia, Section 81). The Constitution of Canada delineates the charges to the Consolidated Revenue Fund of Canada as follows. First Charge: Collection, Management and Receipt of such Duties and revenues (Section 103). Second Charge: Payment of the annual interests of the public debts of the provinces (Section 104). Third Charge: Salary of the Governor General (Section 105). And the Consolidated
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Revenue Fund is also charged for the purpose of the Canadian Public Service (subject to several payments) (Section 106). Comparatively, the constitution of Australia delineates the charges to the Consolidated Revenue Fund of Australia as follows. First Charge: Collection, The
Management and Receipt of such Duties and revenues (Section 81).
Consolidated Revenue Fund is also charged for: 1. Payment of interests of public debts (Section 87 Paragraph 2) or of actual public debts of the states (Australia, Section 105); 2. Salary of Governor General (Section 3) and Ministers of the state (Section 66); and 3. for the purposes of the Australian commonwealth (Section 81). b. Constitution Delineates Sources and Distribution of Revenues. As discussed above regarding direct taxation, both Canada and Germany have provisions for direct taxation by the provinces or lnder. A system of direct taxation is the lifeblood for governments. Direct taxation is an immediate source of income for financing local activities. It ensures that the provinces or lnder do not have to ask or wait for funds from the federal government for the pursuance of any action to develop their locale. The finances of states in U.S. and in Australia come from taxes as collected by the Federal government and apportioned to them. Article I, Section 8 of the U.S. Constitution places the power to lay and collect taxes, duties, imposts and excises into the hands of the United States Congress. The same provision regulates that all duties, imposts, and excises be the same throughout the country.
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However, direct taxes, according to Article I, Section 3, Paragraph 3, are to be apportioned to the several states through numeric proportion of the population of each state in the same manner as the number of House of Representative members are apportioned. As for Australia [Section 51, Subsection (ii)], taxation is placed under control of Parliament to ensure against discrimination between states or parts of states. Collection and control of customs, duties and excises are placed in the hands of the Commonwealth Executive Government (Section 86). The same are ensured to be uniform throughout the commonwealth within two years after the establishment of the Commonwealth through constitutional provisions (Section 88). Chapter IV (Finance and Trade) of the Australian constitution (Sections 81 82) ensures the proper allocation of revenue through the consolidated revenue fund, and through other provisions ensuring equal treatment and funding of states (Sections 81 105A.). In Germany (Article 105, Paragraph 1 and 2; and Article 106, Paragraph 1), the constitution lists exclusive legislative powers of taxation which are for the Federation, and for the lnder; it also has a provision guiding concurrent subjects for tax legislation. It is most important to note Paragraph 1 of Article 107 which guides for the creation of a federal law to regulate corporation and wage taxes which allots shares among the lnder. This same federal law created through this Constitutional provision bestows supplementary shares13 to lnder whose income
13
Not exceeding one quarter of a standard Land share of such a revenue.
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and corporation taxes are below the average of all the combined lnder. This is done to make equalizations considering the financial strengths of the municipalities within the lnder, and to allow the Federation to help the weak lnder in their financial needs (Article 107, Paragraph 1 2). 5th Essential Feature: A written constitution as a binding contract
among regional units, and which cannot be amended unilaterally. a. Constitutional Statement of Federal Union. Among the four written constitutions studied, United States, Canada, and Germany each have statements that affirm the unity or union of the localities (states, provinces, lnder) as one Federal State. In both the United States and Germany, this statement of union is embedded within the constitutions preamble. Thus writes the United States preamble, We the people of the United States, in order to form a more perfect Union And the German preamble, Germans in the lnder have achieved the unity and freedom of Germany in free self-determination. Comparatively, Canada affirms federal unity through both the preamble and through its preliminary section of the constitution. The preamble reads, Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their desire to be federally united into One Dominion And Section 3 states: It shall be lawful for the Queen, by and with the Advice of Her Majestys Most Honourable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the name of Canada [boldface added]; and on and after that day those three provinces shall form and be One Dominion under that name accordingly.
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Through such express statements in the basic law of these federal countries, the constitution truly becomes a binding document. It keeps together the components of the federation as one. It formalizes the unity within the
diversity of territories, cultures and economic disparities. b. Due Process of Amending the Constitution through the National Legislature. The rule of law through the Constitution unifies the component states, provinces or lnder through its provisions, principles and measures. It cannot simply be changed by the will of a single member state of the federation. Changes require a pooling of the thoughts and desires as forwarded by the citizens votes through the instrument of suffrage which appoints the states representatives. Hence the power to amend the Constitution remains first in the hands of the national/federal legislature. It is the Houses of Congress (U.S.), of Parliament (Canada and Australia), or the Bundesrat and Bundestag (Germany) which has the power to propose changes or alterations to their respective countrys Constitutions (United States, Article V), [Canada, Schedule B. Constitution Act (1982), Part V, Section 38, Subsection (1), (a)], (Australia,
Section 128) and (Germany, Article 79).
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As an added, unique, practice, the Constitutions of U.S. and Canada extends to the states/provinces the power to propose amendments for Constitutional revisions. In the United States (Article V), two-thirds of the
several states can call for a convention for proposing amendments. In Canada [Schedule B. Constitution Act (1982), Part V, Section 38, Subsection (1), (b)], amendments may be authorized through a resolution made through two-thirds of the provinces. In such a situation, the aggregate of the provinces concerned must constitute at least fifty percent of the population of all the provinces of Canada (based on the most recent census). 6th Essential Feature: rule on disputes. The highest judicial authority in the U.S. is the Supreme Court (Article III, Sections 1, and Article III Section 2, Paragraphs 1 2); in Australia, it is the Federal Supreme Court otherwise called the High Court (Sections 71, 75, and 76); in Germany, it is the Federal Constitutional Court (Articles 92, and 93). The Canadian Supreme Court is not stipulated in the constitution, instead it is both provided for in Canadian Supreme Court and Exchequer Courts Act, 1875, and entrenched in Canadian custom. These courts represent the highest courts in each of the compared countries. And it is in the wisdom and neutrality of the justices of these courts with which issues and cases not just between individuals are settled. Moreover, these courts also are the final arbiter within the federation on issues and cases: An umpire (Supreme/Constitutional Court) to
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between a regional level government and another regional level government, and between a regional level government and the national/federal level government. a. Protection of Judicial Independence. In order to ensure true justice, the following elements are needed: neutrality through judicial independence, protection from undue pressure or influence from any of the parties involved (Federal Government, states, provinces, and lnder), constitutional protection of the entire judiciary (from the highest to the inferior courts). These are secured in three areas of constitutional provisions: (1) Manner of Appointment, (2) Protection of Salary, and (3) Security of Tenure. The manner of appointment of justices of the Supreme Court is the very beginning of securing the neutrality and independence of such organ of the government. In the United States, the President nominates Judges of the
Supreme Court; the Senate then gives consent (approval through majority vote) as to the chosen judge, and advice for appointment by the President (Article II, Section 2, Paragraph 2). In comparison, Federal Supreme Court Judges in
Germany are half elected by the body of the Bundesrat and half by the Bundestag (Article 94, Paragraph 1). These examples show that checks and balances (either through the presidential or parliamentary system) compliment the independence of the Supreme Court in federal systems.
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A threat to the salary or compensation of a person can influence decision making. Alexander Hamilton wrote in the Federalist Papers, No. 79: In the general course of human nature, a power over a mans subsistence amounts to a power over his will (The Federalist No. 79). Among the four federal constitutions, only the U.S. has a Presidential System to separate powers of government, the other three are Parliamentary Systems which fuses the powers of the government. The significance of this is that however these constitutions are dissimilar in the system of separation of powers (3 constitutions fuses power in a parliamentary system); they still provide means to ensure the independence of judges. To illustrate: Both the American (Article III, Section 1) and the Australian constitution [Section 72, Subsection (iii)] provide that the compensation (U.S.) or remuneration (Australia) of judges shall not be diminished during their continuance in office. The German constitution on the other hand does not expressly provide such prohibition but article 97 states: Judges shall be independent and subject only to the law [Section 72, Subsection (iii)]. Thus judges are still protected from undue pressures or influence in Germany. b. Adjudicatory Power of the Supreme Court The Supreme Court of the United States of America have original jurisdiction over controversies: to which the United States shall be a party; between two or more states; between a state and citizens of another state; between
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a state, or the citizens thereof, and foreign states, citizens or subjects (Article III, Section 2, Paragraphs 1 2). The High Court (Federal Supreme Court) of Australia has original jurisdiction in all matters: in which the Commonwealth of Australia is a party; between states; or between a state and a resident of another state [Section 75, Subsection (iii) and (iv)]. The Federal Constitutional court of Germany shall rule over cases as directly quoted in the following sub-paragraphs: 2. In the event of disagreements or doubts respecting the formal or substantive compatibility of federal law or Land law with this Basic Law, or the compatibility of Land law with other federal law, on application of the Federal Government, of a Land government, or of one third of the Members of the Bundestag; 2a. In the event of disagreements on whether a law meets the requirements in the application of concurrent legislative powers. 3. In the event of disagreements respecting the rights and duties of the Federation and the lnder, especially in the execution of federal law by the lnder and in the exercise of federal oversight; 4. On other disputes involving public law between the Federation and the lnder, between different lnder, or within a Land, unless there is recourse to another court; 4b. On constitutional complaints filed by municipalities or associations of municipalities on the ground that their right to self-government under Article 28 has been infringed by a law; [and] In the case of infringement by a Land law, however, only
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL if the law cannot be challenged in the constitutional court of the Land (Article 93, Paragraph 1, Subparagraphs 2, 2a, 3, 4, and 4b) c. Constitutional Provisions Handling Gray Areas.
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Gray areas in the constitution are instances when there is either absences of legal provisions on particular subjects (undelegated powers), or contradictions and inconsistencies between laws made by the national level legislature and the regional level (state, province, lnder) legislatures. Because of this, disputes may occur regarding execution of laws due to contradictions, inconsistencies or overlaps. Such disputes that arise due to the gray areas are handled, as discussed above, by the highest judicial authorities of the particular country. Also,
functioning as guides for the resolution of such disputes, the four written constitutions that were studied display their own stipulations that act as safeguards in the eventuality of problems between laws. In the United States, Amendment X (1791) stipulated that powers not delegated to the Federal organs of the government, or those powers not prohibited to the states, are reserved to the states respectively, or to the people. The Canadian constitution (Section 92, Subsection 16) assigns to the provincial legislatures generally all matters of a merely local or private nature in the province, right after a listing of which specific subjects shall be under their legislative competency. In conjunction, it also classifies that all subjects listed under the powers of Parliament (Section 91) shall not be deemed as local or
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private in nature.14 And in addition to these, it is provided that, any class of subjects shall be considered exclusive powers of Parliament if such a class of subjects is expressly exempted in the list of powers assigned to the Provincial legislatures. This ensures a clear delineation of which subjects are Provincial and which subjects are Parliamentary in nature. Certain Sections which compose Part V The States of the Australian constitution regulate any possibility of inconsistencies, particularly with laws that have been in effect within a state even before the Union of the Commonwealth. Section 107 saves the powers of the Parliaments of States upon the time of the Union. It also stipulates that the former powers of state
parliaments before the Union continue within that same regional level parliament unless the constitution vests such powers to the national level parliament. Section 108 of the Australian constitution saves the laws of states which enter into the Union of the Commonwealth. It is written that a law in force relating to any matter within the powers of the Commonwealth shall continue in force within that state. And the parliament of the particular state retains such powers of alteration and repeal with regards to any such law. Such a legal arrangement is premised on the requirement that the Parliament of the Commonwealth does not make any provisions on that particular matter of the law.
14
Section 91, paragraph immediately after Subsection 29.
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In the event that inconsistencies occur among the laws of Australia, Section 109 expresses that that law of the Commonwealth prevails over the law of the state; furthermore, the latter is invalid to the extent of the inconsistency. Within the constitutional provisions of Germany, there are several articles that manage gray areas and the possibilities of legal inconsistencies. Article 30 of the German Constitution clarifies authority within the federation, except as otherwise provided or permitted by the Basic Law, the exercise of state powers and the discharge of state functions is a matter for the lnder. Legislative power between the Federation and the lnder on the other hand is clarified by allowing the lnder to legislate on matters not expressly conferred to the Federation (Article 70, Paragraph 1); the lnder may also legislate on subjects that fall under exclusive legislative powers of the federation if they are expressly authorized by federal law (Article 71). Legislative powers are further governed by provisions regarding concurrent legislative powers (Germany, Article 70, Paragraph 2). Concurrent legislative powers ensure that the legislatures of the lnder may legislate on the subjects placed under the list of matters found in Articles 74, 74a, 105, 125a. Such powers of the legislatures of the lnder are conditioned on accounts that: a. The Federation has not exercised legislative powers over such subject matter by enacting a law (Article 72, Paragraph 1). b. The Federation shall have the right to legislate on such matters if and to the extent that the establishment of (1) equal living conditions
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throughout the federal territory or (2) the maintenance of legal or economic unity (Article 72, Paragraph 2). c. A federal law may provide that federal legislation may be superseded by Land law, if such legislation is no longer necessary or the establishment of (1) equal living conditions throughout the federal territory or (2) the maintenance of legal or economic unity (Article 72, Paragraph 3). d. The Federation shall have the right to legislate over all other taxes the revenue from which accrues to it wholly or in part or as to establish (1) equal living conditions throughout the federal territory or (2) the maintenance of legal or economic unity (Article 105, Paragraph 2). e. The Federation shall have the right to legislate concurrently for a state of defense even with respect to matters within the legislative powers of the lnder during a state of defense (Article 115c). Finally the German basic law provides that, in cases of inconsistency or contradiction between a law of the federation and that of the lnder, Article 31 states, Federal law shall take precedence over Land law.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 7th Essential Feature: Processes and Institutions to
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intergovernmental interaction and coordination. As covered in the previous features of the four model federal political systems, their Constitutions provide the processes and institutions which will ease the relationship between the federal and local levels of government. Having two levels of government may seem difficult to manage at first glance, but these processes and institutions function as safeguards. They help the federal political system run smoothly. And however that there are several regional governments that have their own agendas, these institutions and processes help maintain order, organization and unity within the federation. There are actual situations on the working and actions of such institutions and the applications of such processes. This is where the potential of federalism leads to practicability. Table 2 provides such examples of actual practice of institutions and processes in the four model countries. Table 2. Facilitating Processes and Institutions in a Federal System. INSTITUTIONS Federal Chief Executive PROCESSES Direct actions to guide and administer over the entire nation. APPLICATION U.S Bush handling the 9/11 attack and Hurricane Katrina devastation (2005); Roosevelt executive orders during the Great Depression (1933) (Gerston, 2007). Germany The Chancellor initiates meetings among technocrats and Lander ministers to discuss economic and other
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Influence over national policy.
INSTITUTIONS Federal Legislatures
PROCESSES Legislative dynamics through equal representation.
Legislative dynamics through party politics.
INSTITUTIONS Coordinating
PROCESSES Management of
issues affecting German life (health, environment, transport) (Benz, 2009). U.S. Bush Educational Policies (2000s), Clinton Environmental Policies (1990s) (Benz). Australia The 1999 referendum on severing Australias links with the British Crown and becoming a republic is influenced by federal concerns since the British Queen as Head of State is represented not just in the federal government but also in the states (Saunders, 2005). APPLICATION Germany A balanced federal legislation accrues through a majority vote requirement in both the lower house, composed of popularly elected members, and the upper house, composed of the delegates of the Lander governments (Schmidt). U.S. Democrat and Republican influence over policies from the days of the New deal until the present. Resulting to legislations such as: Unfunded Mandates Reform Act (1995), Personal Responsibility and Work Opportunity Reconciliation Act (1996), Class Action Fairness Act (2005) (Gerston, 2007). Germany Dynamics of votes and alliances between Christian Democratic Union (CDU), Christian Social Union (CSU) other smaller parties crating impacts on Chancellor selection and the passing of bills (Schmidt). APPLICATION All Four Countries
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL bodies exclusively regional competence jurisdiction. of varying regional policies.
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and
INSTITUTIONS Independent Judiciary
Bureaucracies (both federal and regional) All Four Countries Local Lower Courts Bureaucracies Canada - Cooperative and coordinative bodies such as Canadian Council of Ministers of the Environment, New Quebec proposal to formalize a Council of the federation, Western Premieres Conference, and Council of Atlantic Premieres (Dennison, 2003). Germany - Conference of the Ministers for Cultural and Educational Affairs, Conference of Ministers of the Environment (Benz) and Intergovernmental conferences and administrative networks (Benz). Canada Regular meetings of Facilitate Council of Ministers of Education interaction and (Dennison). coordination between the Federal Germany - Politikverflechtung (interlocking politics or joint Government and decision-making) coordination the Regional between the federation and the Governments. various Lander. Public administration based on benchmarking of efficiency and performance as an innovative method of coordination among the Lander (Benz). PROCESSES APPLICATION U.S. Celebrated cases such as The Rule of Law. Brown v. Board of Education (1954), minimized state powers to promote national values using constitutional guarantees; and Board of Trustees v. Garrett (2001), enhanced state government powers regarding the
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Americans with Disabilities Act (Gerston). Australia Celebrated ruling of the High Court which increasingly challenged post-war social policies of the Federal Labour government (Patapan, 2009), on the Corporation Law, on the conferral of state jurisdiction on the federal court and state power on federal officials (Saunders). Germany Celebrated cases such as those on abortion law, codetermination in industry, and the constitutionality of the route to German unification (Schmidt). Canada - . If a judge gave a Protection of decision the government disliked, Judges and it could not touch him or her, maintaining unless both Houses of Parliament fairness in the agreed (Gorsey, 2005). adjudication between the Federal Germany The procedure of selecting Constitutional Court Government and Judges ensures a fair and balanced the Regional system since the federal Governments; and between a Regional government and state government have equal powers of influence Government and (Gorsey). another Regional Government. PROCESSES Regional Government actions: - Actual administrative actions on their scope of authority, - Actual legislations within their scope of APPLICATION U.S. Connecticut attorney general sued the federal government for not providing enough funds to implement the No Child Left Behind Act (2001); California fought for and have been granted the right to adopt environmental regulations that are stronger the federal laws (Gerston). U.S. 1997-2007 federal legislation on minimum-wage was at of $5.15 per hour, yet twenty-
INSTITUTIONS Regional Governments - Executives and, - Legislatur es
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL powers. Initiative on issues within immediate location.
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nine states legislated higher minimum wages at that same time frame. Congress has been unable to propose an amendment to the U.S. Constitution prohibiting gay marriage, more than 26 states have a state constitutional amendment prohibiting same-sex marriage, and about 43 states have a statute restricting marriage to a woman and a man. Yet, Massachusetts legalized same-sex marriage in 2004. California, Connecticut, New Jersey, and Vermont have established civil unions that offer gay couples nearly all the legal rights and responsibilities of marriage. Hawaii, Maine, and the District of Columbia permit samesex civil unions that provide various rights and responsibilities associated with marriage under their laws (Kincaid, 2008). Canada Every province has a legislative assembly (there are no Upper Houses) that is very similar to the House of Commons and transacts its business in much the same way. All bills must go through three readings and receive Royal Assent by the LieutenantGovernor. In the provinces, assent has been refused 28 times, the last in 1945, in Prince Edward Island. Members of the legislature are elected from constituencies established by the legislature roughly in proportion to population (Gorsey). Germany - States have a considerable share of the responsibility for the planning and formation of public policy through
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a wide variety of institutions of cooperative federalism and through self-coordination (Schmidt). U.S. 2001 State initiated actions on immigration related incidents (due to 9/11 crisis); 1960 state initiated anti-sodomy laws in fifty states (Gerston).
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B. Three Potential Applications of a Federal Convention to the Republic of the Philippines 1. Consolidation of Territory through Devolution of Legislative and Administrative Powers (Geopolitics). The states power must reach very corner of the territory to ensure consolidation of all its elements and members into one union (Jones, Jones, and Words, 2004). By doing so, the government is able to attend to the unique needs of the people living in each particular region. This in return ensures obedience or acquiescence of the people (and the regions as political entities) to the national government. This is an actual manifestation of sovereignty within the territory. However, as the territory grows in size, or if the territory has geographic features such as being mountainous or archipelagic (which are factors that create natural barriers) then the central states government is hindered from sending out its powers across the land to care for the peoples needs and also to gain their support or obedience. Figure 4 is a map delineating the geopolitical subdivisions of the United States. These are: 1) Alabama, 2) Alaska, 3) Arizona, 4) Arkansas, 5) California, 6) Colorado, 7) Connecticut, 8) Delaware, 9) Florida, 10) Georgia, 11) Hawaii, 12) Idaho, 13) Illinois, 14) Indiana, 15) Iowa, 16) Kansas, 17) Kentucky, 18) Louisiana, 19) Maine, 20) Maryland, 21) Massachusetts, 22) Michigan, 23) Minnesota, 24) Mississippi, 25) Missouri, 26) Montana, 27) Nebraska, 28) Nevada, 29) New Hampshire, 30) New Jersey, 31) New Mexico, 32) New York,
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33) North Carolina, 34) North Dakota, 35) Ohio, 36) Oklahoma, 37) Oregon, 38) Pennsylvania, 39) Rhode Island, 40) South Carolina, 41) South Dakota, 42) Tennessee, 43) Texas, 44) Utah, 45) Vermont, 46) Virginia, 47) Washington, 48) West Virginia, 49) Wisconsin, 50) Wyoming, (Washington D.C. - Seat of Federal Government). The map in Figure 5 displays Canadas geopolitical subdivisions: 1) Alberta, 2) British Columbia, 3) Manitoba, 4) New Brunswick, 5) Newfoundland and Labrador, 6) Nova Scotia, 7) Ontario, 8) Prince Edward Island, 9) Qubec, 10) Saskatchewan. Territories: 1) Northwest Territories, 2) Nunavut, 3) Yukon Territory. The geopolitical divisions of Australia are illustrated in the map in Figure 6. It includes: States: 1) New South Wales, 2) Queensland, 3) South Australia, 4) Tasmania, 5) Victoria, 6) Western Australia. Territories: 1) Australian Capital Territory, 2) Northern Territory. Lastly, Germnays geopolitical subdivisions can be observed in Figure 7. These are as follows: 1) Baden-Wrttemberg, 2) Bavaria, 3) Berlin, 4) Brandenburg, 5) Bremen, 6) Hamburg, 7) Hessen, 8) Mecklenburg-Vorpommern, 9) Lower Saxony, 10) North Rhine-Westphalia, 11) Rhineland-Palatinate, 12) Saarland, 13) Saxony, 14) Saxony-Anhalt, 15) Schleswig-Holstein, 16) Thringen. The United States, Canada and Australia each have land areas that are all of great size compared to the other countries in the world. In fact, both the United
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States and Canada occupy the largest expanse of the entire North American continent; Australia on the other hand is an entire continent on its own. Aside from having large, single land masses, these countries also have territories that are separate from their respective mainlands. Given such geographic challenges, all these countries remain united as one, and the respective national state governments are sovereign within their respective territories. The single central government in a unitary political system is impractical to govern a vast expanse of land, or a land with fragmented topography, since the various local governments become reliant to its pyramidal hierarchy. With the distance of the territories, the situation in one area could be different in the others (such as weather, health related eventualities, school and economic activities). Through the federal system, the vast territories each gain a constitutionally empowered government (regional governments: states, provinces, lnder), able to function and meet the immediate demands of public life in that location. At the same time, the federal constitution maintains a national level of government (federal government) which consolidates the scattered regional governments into a unified whole. This is the practice of devolution, the decentralization of powers through the covenant of the constitution. It is through this system that true
consolidation over territory takes place (Jones). The presence of competent regional institutions, and practice of federal processes, as evidenced in Table 2 of the previous discussion, substantiates the fact that a federal system is well suited for managing large areas of territory such
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL as U.S., Canada, and Australia.
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The Philippines having an archipelagic and
mountainous topography necessitates the federal system to consolidate power and unity. The consolidating power of federalism over territory makes it practicable in the Philippine setting. The Philippines is an archipelagic territory. It consists of around 7,100 islands. These islands extend from north to south along a
1,100mi area in the Pacific Ocean. These scattered landmasses are grouped into Luzon in the north, Visayas in the center, and Mindanao in the south. Studies show that 95% of the countrys land area and population are situated on 11 of its largest islands. These 11 largest islands (excepting the central plain in Luzon)
have the geographic characteristics of being mountainous, and coastlines that are heavily indented. Manila, the Republics premier city and political, economic and educational center, has a geopolitical situation of being located on Luzon Island to the north, and very distant from the south (Jansenn, 2010). The fact exists that not only government, but also economy and education, and by extension technology and other blessings of development are centered on Manila. In a unitary system of government, these create an unequal geopolitical environment for all the other regions of the Philippines. As supported by
statistical data from the Philippine National Statistics Office (see Tables 4 and 6), social and economic indicators by region do not just vary; there is an extreme tendency for development in the Manila area. There are also some areas where
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL development could be seen.
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But some areas are but a few when there are
scattered territories in need of self-sufficiency. Table 3. Geographic Comparison of the Four Model Federations and the Philippines.
U.S.A.15 CANADA16 AUSTRALIA
17
GERMANY
18
PHILIPPINES
19
Total
land
Area
9,826,675 sq km
9,984,670 sq km
7,741,220 km
sq
357,022 km
sq
300,000 sq km
Area in
Total
Terms of
9,161,966 sq km
9,093,507 sq km
7,682,300 km
sq
348,672 km
sq
298,170 sq km
Area in
Total
Terms of
664,709 sq km
891,163 km
sq
58,920 sq km
8,350 sq km
1,830 sq km
3rd (about half the size of Russia; more than twice the size of the European Union)
Rank in Size
Compared to the
15
Central Intelligence Agency, United States of America in The World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/us.html, 2010, (Last Accessed August 2010). 16 Central Intelligence Agency, Canada in the World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/ca.html, 2010, (Last Accessed August 2010). 17 Central Intelligence Agency, Australia in the World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/as.html, 2010, (Last Accessed August 2010). 18 Central Intelligence Agency, Germany in the World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/gm.html, 2010, (Last Accessed August 2010). 19 Central Intelligence Agency, Philippines in the World Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/rp.html, 2010, (Last Accessed August 2010).
Worlds Countries
2nd (slightly larger than the US)
6th (slightly smaller than the US contiguous 48 states)
62nd (slightly smaller than Montana)
72nd (slightly larger than Arizona)
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Figure 4. Map of the U.S. Federation Featuring the Regional Levels (50 States).20
20
Geology.com. United States Map United States Satellite Image. Geology.com website. 2006. http://geology.com/world/the http://geology.com/world/the-united-states-of-america-satellite-image.shtml image.shtml. (Last Accessed October 2010).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Figure 5. Map of Canadian Federation Featuring the Regional Levels (10 Provinces and 3 Territories).21
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21
Geology.com. Canada map Canada Satellite Image. Geology.com website. http://geology.com/world/canada-satellite-image.shtml. (Last Accessed October 2010).
2006.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Figure 6. Map of the Australian Federation Featuring the Regional Levels (6 States and 2 Territories).22
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22
Geology.com. Australia Map Australia Satellite Image. Geology.com website. http://geology.com/world/australia-satellite-image.shtml. (Last Accessed October 2010).
2006.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Figure 7. Map of the German Federation Featuring the Regional Levels (16 Lnder).23
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23
Map of Germany.org. Map of Germany. Map of Germany.org website. http://www.map-of-germany.org/map-of-germany.gif. (Last Accessed October 2010).
2008.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Figure 8. Map of the Philippine Archipelago Featuring the Regional Levels (17 Regions).24
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24
Wow Philippines. Provincial Map of the Philippines. Go Package Tourism website. 2010. http://www.go-package.com/wowphilippines/philippine_map.asp. (Last Accessed October 2010).
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The Philippines is similar in geopolitical situation with the previous four countries. The Philippines is a fractured territory since its an archipelago with scattered islands. These Islands are grouped into 17 regions as can be seen in Figure 8: 1) National Capital Region, 2) Cordillera Administrative Region, 3) Region I Ilocos, 4) Region II - Cagayan Valley, 5) Region III - Central Luzon, 6) Region IVA Calabarzon, 7) Region IVB Mimaropa, 8) Region V Bicol, 9) Region VI - Western Visayas, 10) Region VII - Central Visayas, 11) Region VIII - Eastern Visayas, 12) Region IX - Zamboanga Peninsula, 13) Region X Northern Mindanao, 14) Region XI Davao, 15) XII Soccsksargen, 16) Region XIII Caraga, 17, Autonomous Region in Muslim Mindanao. By having a federal system of government, the various regional governments of the Philippines, become States or Provinces, and can have proper constitutional powers to pursue autonomous socio-economic agenda for development. This in application is federal decentralization through
constitutional devolution, which is the redistribution of governmental powers and recognition of regional governments by means of the principal law of the land. Because the regions exist with their own levels of government, each having competent powers over immediate concerns, they can act without need of dependence on the national government. Federalism is more practicable since, aside from policymaking and autonomous administration, the regional governments will have their own resources to back up their management plans for the area without having to wait
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on decisions and help from the national government. With such a system, the governments of areas distant from Manila will not anymore imply distance from civilization and development; having power to decide and implement means that the regions can compete for development with the neighboring areas and thus strive for the fulfillment of their own competencies. This stimulates growth both socially and economically. 2. Accommodation of Cultural Idiosyncrasies through Devolution (Political Culture). Diversity in ethnic groupings, religious beliefs, languages, traditions and customs, creates stresses to the political system. These differences usually stem from the groupings based on location thus leading to regionalism. When taken into extremes, these differences tend to escalate as regionalistic division or even into armed conflict. The features of federalism have a covenantal effect to the political system. Through constitutional safeguards that recognize, respect and empower the identities of regions as having their own governments, these regional level governments, in return, consents to be bound together under the supervision of the national level government or federation. In this scenario, the federal level of government functions as the singular leader among these regional governments, thus creating a political situation of equality under a covenant the constitution. This covenant makes the constitution the true sovereign power even if there are several states each having a government of its own in the federal system.
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Recognition and powers granted by the Constitution allow the regional governments to make policies that fit the culture, religious beliefs, traditions, and ethno-linguistic needs of the people within their territory. This is in effect an application of Elazars idea that the federal system engenders accommodation. It brings about unity while allowing the differing regions to maintain their cultural idiosyncrasies (Moots, 2009). The U.S., aside from having people of Native American Indian heritage is a hodge-podge of immigrants from everywhere in the world. This mix is enough to create whole communities of various races and ethnicities. The countrys groups of peoples also have a tendency to be strongly identified culturally to the area that they reside in (e.g. Texans, New Yorkers, Californians, Hawaiians).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL Table 4. Demographic Comparison of the Four Model Federations and the Philippines.
U.S.A. 25 CANADA26 AUSTRALIA
27
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GERMANY28
PHILIPPINES
29
Nationality
American(s)
Canadian(s)
Australian(s)
German(s)
Filipino(s)
White 79.96%, black 12.85%, Asian 4.43%, Amerindian and Alaska native 0.97%, native Hawaiian and other Pacific islander 0.18%, two or more races 1.61% (July 2007 estimate) note: a separate listing for Hispanic is not included because the US Census Bureau considers Hispanic to mean persons of Spanish/Hispanic/Lat ino origin including those of Mexican, Cuban, Puerto Rican, Dominican Republic, Spanish, and Central or South American origin living in the US who may be of any race or ethnic group (white, black, Asian, etc.); about
British Isles origin 28%, French origin 23%, other European 15%, Amerindian 2%, other, mostly Asian, African, Arab 6%, mixed background 26%
25 26
CIA World Factbook, USA, 2010. CIA World Factbook, Canada, 2010. 27 CIA World Factbook, Australia, 2010. 28 CIA World Factbook, Germany, 2010. 29 CIA World Factbook, Philippines, 2010.
Ethnic Groups
white 92%, Asian 7%, aboriginal and other 1%
German 91.5%, Turkish 2.4%, other 6.1% (made up largely of Greek, Italian, Polish, Russian, SerboCroatian, Spanish)
Tagalog 28.1%, Cebuano 13.1%, Ilocano 9%, Bisaya/Binisaya 7.6%, Hiligaynon Ilonggo 7.5%, Bikol 6%, Waray 3.4%, other 25.3% (2000 census)

15.1% of the total US population is Hispanic
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Protestant 51.3%, Roman Catholic 23.9%, Mormon 1.7%, other Christian 1.6%, Jewish 1.7%, Buddhist 0.7%, Muslim 0.6%, other or unspecified 2.5%, unaffiliated 12.1%, none 4% (2007 est.)
English 82.1%, Spanish 10.7%, other Indo-European 3.8%, Asian and Pacific island 2.7%, other 0.7% (2000 census)
Roman Catholic 42.6%, Protestant 23.3% (including United Church 9.5%, Anglican 6.8%, Baptist 2.4%, Lutheran 2%), other Christian 4.4%, Muslim 1.9%, other and unspecified 11.8%, none 16% (2001 census) English (official) 58.8%, French (official) 21.6%, other 19.6% (2006 Census)
Catholic 25.8%, Anglican 18.7%, Uniting Church 5.7%, Presbyterian and Reformed 3%, Eastern Orthodox 2.7%, other Christian 7.9%, Buddhist 2.1%, Muslim 1.7%, other 2.4%, unspecified 11.3%, none 18.7% (2006 Census)
Protestant 34%, Roman Catholic 34%, Muslim 3.7%, unaffiliated or other 28.3%
Roman Catholic 80.9%, Muslim 5%, Evangelical 2.8%, Iglesia ni Kristo 2.3%, Aglipayan 2%, other Christian 4.5%, other 1.8%, unspecified 0.6%, none 0.1% (2000 census)
Religions
English 78.5%, Chinese 2.5%, Italian 1.6%, Greek 1.3%, Arabic 1.2%, Vietnamese 1%, other 8.2%, unspecified 5.7% (2006 Census)
Languages
German
Filipino (official; based on Tagalog) and English (official); eight major dialects Tagalog, Cebuano, Ilocano, Hiligaynon or Ilonggo, Bicol, Waray, Pampango, and Pangasinan

Table 5. GDP Per Capita (PPP) of the Four Model Federations and the Philippines.30 U.S.A.31 2009 est. 2008 est. 2007 est. $48,200 $39,600 $39,600 $35,400 $3,300 $47,700 $39,500 $40,000 $35,900 $3,300 $ 46,000 CANADA32 $ 38,200 AUSTRALIA33 $ 40,000 GERMANY34 $ 34,100
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PHILIPPINES35 $ 3,300
Canada has socio-linguistic diversity between the English and Frenchspeaking Canadians, in addition to having aboriginal Canadians (Gagnon and Simeo, 2009). Australian society is diversified among English, Scottish, and Irish decent; Chinese and South Pacific decent; and also the Australian indigenous people (Aroney, 2009). In Germany, the territory is diversified between six poorer eastern lnder and ten richer western lnder. Aside from this, Germany is also home to peoples of Turkish ancestries, ethnic Germans from Russia, and other ethnic groups; and territorial groupings such as: Danes in Schleswig-Holstein, the Sorbians in Saxony and Brandenburg, and the Frieslanders in Lower Saxony and (also) in Schleswig-Holstein (Bendel and Sturm, 2009).
30 31
Note (from Central Intelligence Agency): values are at 2009 U.S. Dollars. CIA World Factbook, USA, 2010. 32 CIA World Factbook, Canada, 2010. 33 CIA World Factbook, Australia, 2010. 34 CIA World Factbook, Germany, 2010. 35 CIA World Factbook, Philippines, 2010.

Table 6.
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Regional Average Income and Average Savings of Families at Current Prices (values in thousand pesos) 2000, 2003 and 2006.36 Region 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 National Capital Region Cordillera Administrative Region I Ilocos II - Cagayan Valley III - Central Luzon IVA Calabarzon IVB Mimaropa V Bicol VI - Western Visayas VII - Central Visayas VIII - Eastern Visayas IX - Zamboanga Peninsula X - Northern Mindanao XI Davao XII - Soccsksargen XIII Caraga Autonomous Region in Muslim Mindanao39 Mean Standard Deviation INCLUDING NCR Standard Deviation EXCLUDING NCR
36
Average Income 2000 300 140 121 108 151 179 99 95 110 100 92
37
Average Savings 2000 56 59 25 20 31 29 20 13 15 16 19 17 25 17 21 9 14 2003 48 26 22 27 22 26 19 15 14 19 19 18 18 18 28 12 16 2006 53 42 19 25 27 23 16 15 14 21 22 27 25 19 18 18 14 311 192 142 143 198 210 109 125 130 144 126 125 142 135 114 118 89
2003 266 152 124 126 160 184 103 109 111 121 103 93 109 117 113 90 83
2006
88 108 108 103 82 79
38
121.35 127.29 150.18 23.88 21.59 23.41 52.70 26.49 44.12 26.71 52.43 13.87 33.16 11.50 8.25 10.19 4.82 6.98
Note (from National Statistics Office): Details may not add up to totals due to rounding. Source: National Statistics Office, 2003 Family Income and Expenditure Survey Final Results, September 14, 2007, http://www.census.gov.ph/data/sectordata/2003/ie03fr11.htm, (Accessed October 2010). And National Statistics Office, 2003 and 2006 Family Income and Expenditure Survey, Final Results, July 9, 2008, http://www.census.gov.ph/data/sectordata/2006/ie06fr04a.htm, (Accessed October 2010). 37 In 2000, Basilan including Isabela City was under Region IX. 38 In 2000, Marawi City is a part of Region XII. 39 Basilan province (excluding Isabela City), which was part of Region IX in 2000, has been transferred to ARMM under EO 36.
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Among these countries, the covenantal effect of federalism manages socio-cultural diversity and idiosyncrasies. A federal convention accomplishes this through practices of: a) Autonomy of the states to respond to and fight for their jurisdiction cultural and ethnic rights; b) the inter-governmental interactions between the regional governments and the federal government (Bendel and Sturm); c) the institutions that interlink these levels of governments and thus the regions (Bendel and Sturm); d) multiculturalism and intraculturalism practices imbued in the constitution (Gagnon and Simeon). In the Philippines, the countrys social environment is described as beset with cultural and ethno-linguistic issues that create rifts between peoples and thus divisions within the political system. Carolina Hernandez describes ethnic and linguistic issues that affect not only the ordinary lives of Filipinos but also affects Philippine politics: The major ethnolinguistic groups that have shaped politics were the Tagalogs, Ilocanos, and Pampangans of Luzon, the Cebuanos of the Visayas, and the Muslim Maranaos and Tausugs of Mindanao. Close to the seat of power in Manila, Tagalogs have exerted the greatest political influence dating back to the nineteenth-century reformists and their revolutionary successors. They succeeded in making Tagalog the basis of a national language called Pilipino at a time when Cebuano speakers constituted the majority; by 1990 it was the language understood by most Filipinos. (Hernandez, 1993). Hernandez posits that ethnolinguistic peculiarities linked to geographical fragmentation is amplified by difficult travel and communication within the geographically fragmented territory. These factors were able to reinforce
regionalism in both culture and politics. More so, it came to pass that a common
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opinion among the regions spread that there is a Manila-based, Tagalogdominated colonialism within the system. Given the situation, there have only been two cases of large scale violence: 1) Muslim separatism lead by the Moro National Liberation front (MNLF) in Mindanao, and 2) the autonomy movement led by ethnic communities in the Cordillera Mountains (Hernandez). To bring a stop to these, the 1987 Constitution has provided for regional autonomy for both areas, however violence has not yet ceased, the feeling of inequality has not yet been felt, and economic development is not yet evident in both regions (Hernandez). Federalisms covenantal process helps bind together differing
ethnolinguistic groups through accommodation. It does not just give particular areas with one time benefits that can be considered as merely lip service. This is so because autonomy granted by the constitution in a centralized system is not realistic in application since there are only two among seventeen regions which have been granted such a blessing. Also, even if the unitary system constitution grants autonomy to local governments, the monolithic structure of the unitary system inhibits the culture and processes for the regional actors to make good use of such a blessing they still remain reliant to the center. In comparison, a country where in the seven features of federalism is used creates a political situation of actually being able to practice the autonomy spoken of in the constitution. Here, the powers have been granted directly by the
constitution rather than commanded by the constitution for the central government
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to delegate. Because of this, the power of the regional governments is not granted nor cannot simply be taken back by men and women who compose the administration. Hence, the regional governments gain the competency to adapt policies to their own cultural heritage. And as individuals bound by a covenant, they are accommodated as one while retaining their own uniqueness. In addition to this, accommodation through incorporation of a culture of autonomy cannot be possible when many local governments are reliant to the central government. Autonomy is supported since in a federal system, both
governments at the national and regional levels have their own defined areas and matters of jurisdiction, coupled with actual resources to handle such jobs. 3. Stimulation of Development and Managing Regional Fiscal
Disparities through Deconcentration of Economic Forces (Political Economy). Table 5 shows a summary of the economic productiveness of the model countries juxtaposed with that of the Philippines. United States, Canada, and Germany are all members of the G8 leaders; all three with the addition of Australia are all highly economically developed countries. Based on the
experiences within each of these countries, experts point out that the blessings of a good economy are well spread among the different regions. This is evidenced by their comparative Gross Domestic Products (GDP) as measured in terms of Per Capita (divided according to population).
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Applications of the economic blessings of federalism can be seen in the four model countries. As observed in various studies, in Canada it is noted that provinces have been enjoying an increase in their fiscal autonomy over the passing of years. Such as in 1970, total revenues were pegged: for the federal government at 16.7% of GDP, and the regional governments at 17.6%. And in 1999, revenues had increased marginally: for the federal government to 18.9% of GDP, and regional governments to 22.7% (Simeon, 2001). These economic benefits are made possible through the dynamics of federal relations between the federal and regional governments. In Germany, a classic practice of autonomy is displayed by the regional governments when they collaborate to pursue their economic agendas and fiscal policies as opposed to the dictates of the federal government. This is reinforced by party politics who jockey for particular policies and civil servants who ensure cooperation among the different regional governments (Benz). The same is true in U.S. practices, regional governors actively lobby for the handling of economic load burdened upon them from the federal government in Washington (Schram, 2005). A good example is the state support for Personal Responsibility and Work Opportunity Reconciliation Act (1996) which replaced the federal cash assistance program for low-income families with children (Aid to Families with Dependent Children AFDC) with Temporary Assistance for Needy Families Program (TANF). This legislation granted states more leeway on how to spend their budget in terms of social welfare, since it is the states and not
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Washington who are actually implementing such programs and it is they who know the situation in their respective jurisdictions (Schram). These actual scenarios show the exercise of economic rights and powers by regional governments. A situation made possible in the system through
federalism. Through it, such rights and powers are enforced constitutionally. In the Philippines, there is great economic disparity among the regions. As evidenced by statistical data from both international sources (CIA as shown in Table 5) and from the Philippine National Statistics Office, regarding the income and savings of families within each region (Table 6). The figures show the microeconomic status for families within each region comparing such data between the regions themselves and a view of the macroeconomic aspect can be observed. Through this, a comparison is seen on how the regions differ on economic status in the current unitary political system. The data shows an imbalance between the National Capital Region (NCR), which is the center of everything (government, economy, education, health, technology) in the Philippine unitary system, and the other regions. There is a big difference in income and definitely in savings between the NCR and the next region with the highest income and savings (Calabarzon in all three periods). The statistics of the Standard Deviation show how distant the values are from the average income and savings and the particular regional values for the same economic values. All other regions together, excluding NCR, has a Standard Deviation that is nearly half the value if NCR is included in the computation.
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This method of statistical analysis proves the significant inequality or disproportion between the values in the income and savings for the NCR and the other regions. The unitary system, however it promotes autonomy in letter, still maintains by its nature and practice, a system of dependence by the local governments to the central government. Manila, in the heart of NCR is the economic capital with only a few scattered cities able to prosper financially and technologically. The local governments are reliant in policymaking and
administration upon the central government regarding aspects of life that are related to and which support the economy. These include healthcare (1987
Philippine Constitution, Article XIII, Sections 11 13), education and technology (Article XIV), and land and natural resources (Article XII). Federalism applied to the Philippines helps manage this problem in the economy. The federal covenant curbs power from the central government by making it a federal government whose purpose is to oversee and maintain unity rather than interfere in the affairs within each region (e.g. economy, education, health among others among others). Having a set of individual regional
governments with legislative and administrative powers over such aspects of human life stimulates competition. The autonomy of regional governments is
closely linked to economic forces40 unique to the federal system.
40
Similar to Adam Smiths invisible hand..
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These economic forces include a) choices by regional governments of policies that attract capital, labor and economic activity; and b) choices by citizens and consumers about which regions to reside or establish a business, considering policies which satisfy their own entrepreneurial interests (Weingast, 1995). Autonomous choices are the products of deconcentration of economic forces from a central government. Instead of all the major businesses converging at a single region or just a few regions, fiscal activity is stimulated among the regions so that each region itself becomes economically competitive. C. Simulation: Through the gathered data, federalism can be applied by following the seven essential features. Instead of having a unitary system with local
government units reliant to the central government, the Philippines can have two levels of government. The first level is the national level government which is a federal government. The second level of government is the regional level either to be named as Provinces or States. An example would be: Province or State or Cordillera, Province or State of Ilocos, Province or State of Cagayan Valley. Both levels exercise powers that are constitutionally granted upon them. The Philippine Federal Government will have jurisdiction to administer and legislate over matters of national concern such as foreign affairs, national defense and the military, currency, national economy, along with other powers discussed in Section A of this Chapter. The Philippine Provincial government will have powers to administer and legislate over matters of immediate concern to their area
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of jurisdiction. Such powers include among others, healthcare, education, use of natural resources and taxation. The executive and legislative officials of the federal government of the Philippines will be directly elected by every citizen eligible for suffrage from the whole country. Officials of the regional governments (both executive and
legislative) will be directly elected by citizens eligible for suffrage from within the particular region. Sources of revenue will be constitutionally allocated for the federal government and for each component of the regional level governments. Direct election by all voting citizens across the Republic stabilizes the power of the Philippine Federal Government. It reinforces the single sovereign power of the Republic; moreover it creates actual popular support for its exercise of constitutionally delegated powers. The Supreme Court remains as a single umpire whose powers are based on the constitution to rule over cases between 1) the two levels of government (the Philippine Federal Government and a province/state), and 2) between components of the regional level (cases between one province/state and another province/state). Hence each province/state such as Caraga or Mimaropa could sue any of the other regions for issues of constitutional or economic controversies. The same applies to situations of controversies between the provinces/states against the Philippine Federal Government. In this system, the federal government will be
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constrained to ensure fairness in managing national affairs with respect to the regions. The Justices of the Supreme Court will be constitutionally protected in areas of their appointment, salaries, and possible removal. This is to ensure free and fair justice system among the governments. The Supreme Courts will have lower courts distributed throughout the various regions to hear cases both civil and criminal between individual persons. To ensure a smooth flow of the political system, processes and institutions could be made to coordinate among the various governments. These include meetings and conferences of Provincial/State executives, the bureaucracy that permeates the national and the regional levels, actions of the national branches of the government, and initiatives of the executive and legislative branches of the regional governments. In this scenario, the provinces/states can make initiatives for their own economic development and decisions on legislations that affect the cultural heritage of their regions. Provinces/state governments can create legislations that are attractive to businesses both local and foreign to bring in investments into their regions. Revenues received directly by the provinces from their own tax sources within their region can be directly used towards the projects that their regions need. A federal system empowers the Philippine regions with executive and legislative governments to pursue agendas for their economic development.
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Through this a sense of competition stimulates further needs to gain investments and attract possible sources of economic capital into their respective regions. And local government officials become more accountable to their constituents. This is so because the provincial/state executive and legislators are
directly elected by them and are situated within the same region. Comparatively, in the unitary system, people in Caraga Region or even Eastern Visayas Region will find it is more difficult to hold accountable a national executive who is in Malacaang (Manila, National Capital Region). The federal government on the other hand is responsible over matters of national concern. The encumbrance of managing the entire scattered islands is lessened, instead it can focus on general administration to ensure balance development, and smooth flow of government public service to the citizens among the regions. Aside from handling foreign affairs, the Philippine Federal Government takes actions to help regional governments in times of crisis. This similar to the U.S. President directing the military and other resources during Hurricane Katrina and during the 9/11 attack, the Philippine President also performs such duties in a federal system.
.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CHAPTER V SUMMARY AND CONCLUSION A. Summary
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A particular countrys political system is defined through its basic law the constitution, which is the modern manifestation of the social contract. This law, in order to be good, must promote the happiness of the people in every dimension of life. Such a goal includes granting the means to afford for oneself not just necessities but the chances or abilities to pursue further development: 1) liberty and 2) prosperity. Political Science research has the objective of
discovering ways to build up the political system towards such an ideal objective; it also has the duty to ensure that the system is built up by cementing national unity and securing territorial integrity. United States of America (founded 1776), Canada (founded 1867), Australia (founded 1901), and Germany (founded 1949) are model countries in the theory and practice of federalism. More importantly, these countries are exemplars in championing liberal democratic ideals and economic development. All four countries enjoy the blessings of liberty and economic productivity. They are all members of the G20, and three of them, namely, U.S., Canada, and Germany, are ranked leaders of the prestigious G8. They are all industrialized, economically competitive, and have their territories enjoying the benefits of equal chances of development.
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U.S., Canada, and Australia on the other hand each have very large expanse of territory occupied by a variety of ethnic groups. The wide array of cultural diversity has a propensity for a local culture of regionalism. Through the constitutional use and actual practice of a federal convention, these countries were able to successfully manage issues of regionalism, cultural idiosyncrasies, equality both in governance and economy while maintaining the unity of their territory as one country. Federalism as a political theory has been founded and successfully practiced by the United States for over two centuries. Currently the Forum of Federations (an international, non-governmental, scholarly organization engaged in the study of federalism) lists 24 federations spread across the globe41. Scholars in political science, public administration, law, and economics have made substantial research on federalisms merits and flaws, its advantages and disadvantages. These scholars range from the great political thinkers such as John Locke and Jean Jacques Rousseau who laid basic foundations of liberalization and the social contract idea of federalism. There is the compiled writing of the founding fathers such as Alexander Hamilton, John Jay, and James Madison which codified the political thought of the American innovation of federalism. And in contemporary political science, researchers and political scientists such as Daniel
41
There are also countries in transition to federalism: Iraq and Sudan. And a Sri lanka is considering to change into a federal system.
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J. Elazar, and Vincent Ostrom and William Riker contributed comparative studies on the applications of federalism. Together, their works contribute to the body of political knowledge on federal political theory. These include the capacity of federations to 1) improve or build up a better structure for the state; 2) improve or manage the sociopolitical conditions of heterogeneous systems or stratified territories; 3) improve or manage the economy of states, From the collated literature, experiences from the most successful of these countries detail processes and benefits that could be reaped by the Philippines from the use of a federal convention. This study though used a comparative analysis of written constitutions of model countries by using a logical method patterned from the tradition of John Stuart Mill, and in the modern constitionalstructuralist research method of Professors Zachary Elkins, Tom Ginsburg, and
James Melton. Theory is further supported through comparative observed42 practices of institutions and processes within each of the four model governments. Thereby the research was able to prove the concept and potentialities of a federal convention.
As presented and discussed in Chapter IV, a federal convention is defined by seven (7) essential features. These are: 1) Two levels of government existing in their own right under one constitution. 2) A Central Government directly elected by the electorate of the whole country, making laws and taxation
42
Through secondary data writings of experts who were from the model countries, books, seminar manuscripts and presentations.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL applicable to all citizens.
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3) Regional Government Units exercising
constitutionally delegated powers over its members. 4) Allocation of sources of revenue between the two levels of government. 5) A written constitution as a binding contract among regional units, and which cannot be amended unilaterally. 6) An umpire (Supreme/Constitutional Court) to rule on disputes. And 7)
Processes and Institutions that facilitate intergovernmental interaction and coordination. The Philippines is an archipelagic country characterized by local governments dependent to the central government, regionalism, cultural idiosyncrasies, and economic disparities. A federal convention, with proven
effectiveness in the model countries can help solve such issues that fall under political geography, political culture, and political economy. Potential applications of a federal convention in the Philippines include: 1) Decentralization of legislative and administrative powers into two levels of government through constitutional devolution; 2) consolidation of the fragmented regions through devolution of legislative and administrative powers; 3) management of regionalism and cultural idiosyncrasies through federal accommodation; and 4) stimulation of development and managing regional wealth disparities through deconcentration of economic forces.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL B. Conclusion
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Through meticulous comparison and analysis of the written constitutions, geography, local regional culture, and economy of the United states of America, Canada, Australia, and Germany, and by correlating the initial findings with geographic, cultural and economic characteristics of the Philippines in order to arrive at a refined practicable data, the researcher puts forward the thesis that: federalism principles of decentralization and de-concentration are important constitutional concepts that may be applied by the Republic of the Philippines as supported by the following sub-conclusions; 1. A federal system of government could promote liberal democracy through applications of the essential features of a federal convention, these include: a. Existence under a single constitution of two levels of government (1st Essential Feature). b. Each level of government is directly elected (2nd Essential Feature). c. The competence and powers of regional units are granted directly by the constitution to each jurisdiction (3rd and 5th Essential Feature).
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2. A federal system of government could create equal opportunities for regional economic development through applications of the essential features of a federal convention, these include: a. The regional government units exercising constitutionally delegated powers over their own area of jurisdiction (3rd and 5th Essential Feature). b. Allocation of sources of revenue between the two levels of government (4th Essential Feature). 3. A federal system of government could help enhance national unity through applications of the essential features of a federal convention. These include: a. A directly elected central government whose Laws and Taxes are applicable both to areas of competency and territory and accepted by all citizens (2nd Essential Feature). b. A written constitution acts as a social contract (5th Essential Feature). c. An independent umpire (Supreme Court) rules over disputes (6th Essential Feature). d. Processes and institutions facilitate intergovernmental
interaction and coordination (7th Essential Feature).
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4. The seven essential features of a federal system, as evidenced by the practices in the model countries, would make federalism an appropriate system of government for the Republic of the Philippines; also the following applications of a federal system make it appropriate to meet political challenges faced by the country: a. The Philippines is an archipelago, composed of 7,100 islands across seventeen (17) regions. A federal constitution would help consolidate geopolitical territory through constitutional devolution of legislative, executive and judicial (lower court) powers, thus holding the territory together. b. The Philippine socio-political environment is characterized by a variety of cultural idiosyncrasies not to mention ethnic groups and aboriginals. A federal constitution would help accommodate such idiosyncrasies within the socio-political environment, through the constitutional social contract that decentralizes governmental power, thus enhancing regional development and minimizing regionalism. And, c. The Philippines is beset by economic disparities among the regions. A federal constitution would de-concentrate
economic forces through local government autonomy and
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competition by area, thus stimulating chances for a more balanced regional wealth. C. Recommendations In the scholarly practice of political science, there is much debate on the merits and flaws of federalism. Through unbiased scientific inquiry, this study was able to posit on federalisms virtues as a potential source of socio-political and economic benefits in application to the Republic of the Philippines. However, as scientists concerned with the art of state building, this researcher suggests the following recommendations on the application of federalism with relation to the Philippines: First is that objective research can be made on the knowledge and perceptions of Philippine citizens regarding federalism and its seven essential features. Given that the features of the federal convention can bring about Such changes in a countrys
advantages to the Philippine political system.
constitution cannot simply be impinged upon the people. If the people have insufficient knowledge about how to use a particular tool, then it would not be used efficiently or not even work properly at all. It is by fact the people who would be living a life under a new constitution. Hence it is imperative that their reception to such changes in their basic law be taken into consideration. Second, there must be an assessment on the capabilities of citizens of the inhabitants of each Philippine region to work as member of a single State within a
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federation. Aside from this, assessment must also check for capabilities of these regions to field state governors, or regional leaders. If administration and legislation for the regions as states will be placed in the hands of citizens from those particular areas of jurisdiction, then these possible leader candidates must be skilled enough to handle the particular duties involved. There must be ways for sufficient training available for these leaders. Aside from skill, there must be willingness among the citizens of the regions to take responsibility over the duties of running a state government within a federation (in conjunction with the first recommendation). The previous two recommendations together constitute an analysis for the suitability of the Philippine Republic to practice federalism. As this research was able to discover federalisms potential benefits in application to the Philippines, it is imperative to discover if the people could adapt to such a change in order to best achieve the possible advantages. Lastly, there is much debate on Philippine federalization. Politicians push for or fight against the implementation of federalism in the Philippines. This research begun and was conducted with the limitation of non-advocacy for any policy for Philippine Charter Change. It proceeded according to the objective method of collating federal principles in model countries from the firsthand source the Constitution. Analysis was made on how such principles are
practiced based on scholars descriptive narratives of government actions, and political achievements in model countries.
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Model federal countries have similar constitutional principles that are the keys to bring about consolidation of territory, accommodation of cultural idiosyncrasies, and stimulation of regional economic development. The
Philippines have characteristic problems such as fragmented territory, homogenous socio-political cultures, and disparate economic wealth among the regions. As evidenced in both Chapter I and further comparative discussions in Chapter IV, the current unitary system as contained in the constitution is unable to deal with such political, social, and economic situations. Based on the findings, federalization could be recommended to be applied in the Republic of the Philippines. Through the efficient practice of such a system of government, a) the archipelagos territorial integrity could be consolidated, b) its regionalism minimized, c) cultural idiosyncrasies accommodated, and d) economic forces could be stimulated to balance disparate wealth distribution throughout the regions. This researchs scholarly findings are recommended that they may be used as basis for practical applications of federalism in the Republic of the Philippines. It can be complemented by future directives as proposed above. A sound plan of action can be made which could build the country into a more democratic, regionally fair, territorially integrated, and economically developed state. Through the gathering of facts and objective findings, this research could be used for further studies in the search for the best concrete, detailed and
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factual applications of a federal system adapted to political, administrative, social, and economic condition of the XXI century Philippines.
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Watts, Ronald L. "Daniel J. Elazar: Comparative Federalism and Post-Statism." Publius 30 no. 4 (2000): 155-168. Weingast, Barry R. The Economic Role of Political Institutions: Market-
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November/December (1997). 32-43. 3. Seminar Documents: Benz, Arthur Intergovernmental Relations in Germany Federalism joint Paper
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Federations International Seminar on Modernization and Fiscal Federalism: Alternatives to tax Wars: Sustainable Economic Development in Brazil. Sao Paulo, June 21-22, 2001.
http://www.forumfed.org/libdocs/TaxWars01/112-ATWB0106-br-casimeon.pdf. (Last Accessed October 2010). 4. Web Documents Aroney, Nicholas. Federations Unity and Diversity in Federal Australia. website. In Forum of 2009.
http://www.forumfed.org/libdocs/Global_Dialogue/Booklet_7/BL7-en-auAroney.pdf. (Last Accessed October 2010). Bendel, Petra and Roland Sturm. Germany: The Growth of Social and Economic Diversity in a Unitary Federal System. In Forum of Federations website. 2009. http://www.forumfed.org/libdocs/Global_Dialogue/Booklet_7/BL7-en-debendel_sturm.pdf. (Last Accessed October 2010). Gagnon, Alain and Richard Simeon. Unity and Diversity in Canada: A
Preliminary Assessment, 2009. In Forum of Federations website. 2009. http://www.forumfed.org/libdocs/Global_Dialogue/Booklet_7/BL7-en-cagagnon_simeon.pdf. (Accessed October 2010). Hill, Hal et. al. The Dynamics of Regional Development: The Philippines in East Asia. Presentation available at the Australian National University, 2006.
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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL APPENDIX Comparative Matrices of Significantly Related Constitutional Provisions in the Model Countries
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Matrix 1. Component/Member States/Provinces/Lander in the Constitution Listing/Naming/Recognition U.S. (1776) Canada (1867) Australia (1901) Germany (1949) States Represented at Section 5. - Canada Section 26. (Par. 2) - Preamble - Germans the Signing - New shall be divided into Provided that if in the Lnder of Four Provinces, Western Australia is Baden-Wrttemberg, Hampshire, Massachusetts, named Ontario, an Original State, the Bavaria, Berlin, Quebec, Nova Scotia, numbers shall be as Brandenburg, Connecticut, New York, New Jersey, and New Brunswick follows: New South Bremen, Hamburg, Pennsylvania, (Canada now consists Wales (twenty-six); Hesse, Lower Saxony, of ten provinces Victoria Delaware, Maryland, (twenty- MecklenburgVirginia, North (Ontario, Quebec, three); Queensland Western Pomerania, Carolina, South Nova Scotia, New (nine); South North RhineBrunswick, Manitoba, Australia Carolina, Georgia. (seven); Westphalia, British Columbia, Western Australia Rhineland-Palatinate, Prince Edward Island, (five); Tasmania Saarland, Saxony, Alberta, (five). Saxony-Anhalt, Saskatchewan and Schleswig-Holstein, Newfoundland) and and Thuringia have two territories (the achieved the unity and Yukon Territory and freedom of Germany the Northwest in free selfTerritories). determination. This Basic Law thus Section 22. applies to the entire (allocation of Senate German people. seats according to the Divisions and Provinces of each division). Admission or Creation of New States/Provinces/Lander Article IV. Section 3. Section 146. - It shall Section 121. - New Article 29. Section 3. - New States may be be lawful for the States may be - The referendum admitted by the Queen, by and with admitted or shall be held in the Congress into this the Advice of Her established The Lnder from whose Union; but no new Majestys Most Parliament may admit territories or parts of State shall be formed Honourable Privy to the Commonwealth territories a new Land or erected within the Council, on Addresses or establish new or a Land with Jurisdiction of any from the Houses of States, and may upon redefined boundaries other State; nor any the Parliament of such admission or is to be established State be formed by the Canada, and from the establishment make or (affected Lnder). The

Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Ruperts Land and the Northwestern Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. impose such terms and conditions, including the extent of representation in either House of the Parliament, as it thinks fit. 122. - The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.
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question to be voted on is whether the affected Lnder are to remain as they are or whether the new Land or the Land with redefined boundaries should be established. The proposal to establish a new Land or a Land with redefined boundaries shall take effect if the change is approved by a majority in the future territory of such Land and by a majority in the territories or parts of territories of an affected Land taken together whose affiliation with a Land is to be changed in the same way. The proposal shall not take effect if within the territory of any of the affected Lnder a majority reject the change; however, such rejection shall be of no consequence if in any part of the territory whose affiliation with the affected Land is to be changed a two thirds majority approves the change, unless it is rejected by a two thirds majority in the territory of the affected Land as a whole.
U.S. (1776) Manner of Choosing Article II, Section 1. -
Matrix 2. The Chief Executive Canada (1867) Australia (1901)
Germany (1949) Article 54, Paragraph

Elected by Electors appointed by each State. The number of Electors is equal to the whole number of Senators and Representatives to which the State may be entitled to in Congress. The Electors meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State as themselves. The person having the greatest number of votes, if sch number be a Majority of the whole number of electors, shall be the President of the U.S. Amendment XII (1804). - Modifies the manner of voting: Electors must name who they were voting for as President and as Vice-President. Amendment XXIII (1961). Section 1. (procedure granting the district which is the Seat of Federal Government electors for the President and Vice-President.)
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1. - The Federal President shall be elected by the federal Convention without debate. Article 54, Paragraph 3. - The Federal Convention shall consist of the Members of the Bundestag and an equal number of members elected by the parliaments of the Lnder on the basis of proportional representation. Article 62. - 63. - The Federal Chancellor shall be elected by the Bundestag without debate on the Proposal of the Federal President.
Matrix 3. Composition, Manner of Choosing Members, and Purpose of the Federal Legislature U.S. (1776) Canada (1867) Australia (1901) Germany (1949) Upper House Article I, Section 1. - Section 22. - Consists Section 1. - Until Article 51. - 1. The Two Senators from of Senators equally Parliament otherwise Bundesrat shall each State, chosen by representing the four provides, there shall consist of members of the Legislature Divisions of Canada: be six senators for the Land

thereof. Ontario, Quebec, The Maritime Provinces, and The Western Provinces (24 each). (The distribution of 24 Senators for the clustered maritime provinces and Western Provinces in the division are stipulated in Section 22.) Section 23. - The Qualifications of a Senator shall be as follows: (2) He shall be either a naturalborn Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union: (5) He shall be resident in the Province for which he is appointed: Lower House Article I, Section 2. Composed of Members chosen by the people of the several States. The electors in each State shall have the qualifications requisite for Electors of the most numerous branch of the State Legislature. Sections 37, 40, 41, 50, 51, 51A, and 52. Composed of members representing electoral districts within the provinces through proportionate representation. (The manner of determining the number of members per district/province is Section 24. Composed of members directly chosen by the people of the Commonwealth. The number of members chosen in the several States shall be in proportion to the respective numbers of their people. [the each original State. The Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators. - Chapter I.
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governments, which appoint and recall them. Other members of those governments may serve as alternates. 2. Each Land shall have at least three votes; Lnder with more than two million inhabitants shall have four, Lnder with more than six million inhabitants five, and Lnder with more than seven million inhabitants six votes. 3. Each Land may appoint as many members as it has votes. The votes of each Land may be cast only as a unit and only by Members present or their alternates.
Article 38. - Members of the German Bundestag shall be elected in general, direct, free, equal, and secret elections. They shall be representatives of the whole people, not bound by orders or instructions, and responsible only to

Representatives shall be apportioned among the several States which may be included within this Union, according to their respective numbers (of people). Amendment XIV (1868). Section 2. Manner of determining the respective numbers of each State, which excludes Indians not taxed. stipulated in Sections 37, 40, 51, 51A, and 52.) determination of such number of members per State is provided in subsections (i) and (ii) of this section]
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their conscience.
U.S. (1776) Taxation Article I, Section 8, Paragraph 1. - The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Matrix 4. Powers of the Federal Legislatures Canada (1867) Australia (1901) Section 91, Subsection 3. the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, Section 51, Subsection (ii). - The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (ii) taxation; but so as not to discriminate between States or parts of States;
Germany (1949) Article 105, Paragraph 1. - The Federation shall have exclusive power to legislate with respect to customs duties and fiscal monopolies. (Guide for concurrent powers over taxation Articles 72, 105, and 106.)
3. The raising of Money by any Mode or System of Taxation. Federal Control Over Militia Article I, Section 8, Section 91, Paragraphs 1, - Subsection 7. provide for the Militia, Military and common Defence and Naval Service, and general Welfare of the Defence. United States; Article I, Section 8, Paragraph 12, - To raise and support
Section 51, Subsection (vi). - the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth;
Article 73, Paragraph 1. - The Federation shall have exclusive power to legislate with respect to: Foreign affairs and defense, including protection of the civilian population;

Armies, but; Paragraph 13. - To provide and maintain a Navy; Prohibition Against Local Control Over the Militia Article I, Section 10, Section 114. - States Paragraph 3. - No may not raise forces. State shall, without Taxation of property the Consent of of Commonwealth or Congress, lay any State A State shall Duty of Tonnage, not, without the keep Troops, or Ships consent of the of War in time of Parliament of the Peace, enter into any Commonwealth, raise Agreement or or maintain any naval Compact with another or military force. State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Manage Currency Article I, Section 8, Section 91, Section 51, Paragraph 5. - To coin Subsection 14. - Subsection (xii). Money, regulate the Currency and currency, coinage, and Value thereof, and of Coinage. legal tender; foreign Coin, and fix the Standard of Weights and Measures; Borrow Money for the Federation Article I, Section 8, Section 92, Section 51, Paragraph 2 - To Subsection 4. - The Subsection (iv). borrow Money on the borrowing of Money borrowing money on credit of the United on the Public Credit. the public credit of the States; Commonwealth;
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Article 73, Paragraph 4. - Currency, money, and coinage, weights and measures, and the determination of standards of time;
Article 115. - 1. The borrowing of funds and the assumption of surety obligations, guarantees, or other commitments that may lead to expenditures in future fiscal years shall require authorization by a federal law. Article 73, Paragraph 7. - Postal and telecommunication services;
Postal Service and Communication Article I, Section 8, Section 91, Paragraph 7. - To Subsection 5. - Postal establish Post Offices Service. and post Roads; Rails and Navigation to Link the Federation
Section 51, Subsection (v). postal, telegraphic, telephonic, and other like services;

Section Subsection Navigation Shipping 10. 91, and Section 51. Subsection (xxxii). the control of railways with respect to transport for the naval and military purposes of the Commonwealth; Section 98, - The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State.
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Article 73, Paragraph 6a. Federal Railways. And Article 74, Paragraph 21. Navigation and Shipping. The operation of railways wholly or predominantly owned by the Federation (federal railways), the construction, maintenance, and operation of tracks belonging to federal railways as well as the imposition of charges for the use of such tracks;
U.S. (1776)
Matrix 5. Preservation of Pre-existing Local Laws Canada (1867) Australia (1901) Section 64. - The Section 106. - The Constitution of the Constitution of each Executive Authority State of the in each of the Commonwealth shall, Provinces of Nova subject to this Scotia and New Constitution, continue Brunswick shall, as at the establishment subject to the of the Provisions of this Act, Commonwealth, or as continue as it exists at at the admission or the Union until altered establishment of the under the Authority of State, as the case may this Act. be, until altered in accordance with the Section 88. - The Constitution of the Constitution of the State. Legislature of each of the Provinces of Nova Section 107. - Every Scotia and New power of the Brunswick shall, Parliament of a subject to the Colony which has Provisions of this Act, become or becomes a continue as it exists at State, shall, unless it the Union until altered is by this Constitution under the Authority of exclusively vested in this Act. the Parliament of the Commonwealth or
Germany (1949) Article 28. - Federal guarantee of Land constitutions and of local self-government 1. The constitutional order in the Lnder must conform to the principles of a republican, democratic, and social state governed by the rule of law, within the meaning of this Basic Law. In each Land, county, and municipality the people shall be represented by a body chosen in general, direct, free, equal, and secret elections. In county and municipal elections, persons who possess citizenship in any member state of the European Community are also

Section 122. The Customs and Excise Laws of each Province shall, subject to the Provisions of this Act, continue in force until altered by the Parliament of Canada. Section 129 - Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislature of the respective Province, according to the Authority of the Parliament or of that Legislature under this Act. withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be. Section 108. - Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.
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eligible to vote and to be elected in accord with European Community law. In municipalities a local assembly may take the place of an elected body. 2. Municipalities must be guaranteed the right to regulate all local affairs on their own responsibility, within the limits prescribed by the laws. Within the limits of their functions designated by a law, associations of municipalities shall also have the right of self-government according to the laws. The guarantee of selfgovernment shall extend to the bases of financial autonomy; these bases shall include the right of municipalities to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed. 3. The Federation shall guarantee that the constitutional order of the Lnder conforms to the basic rights and to the provisions of paragraphs 1 and 2 of this Article.

Section 130. - Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made.
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Matrix 6. Significant Powers of the Local Legislatures U.S. (1776) Canada (1867) Australia (1901) Local Land, Asset, Property Article IV, Section 3, Section 109. - All Section 85. - When Paragraph 1. - New Lands, Mines, any department of the States may be Minerals, and public service of a admitted by the Royalties belonging State is transferred to Congress into this to the several the Commonwealth: Union; but no new Provinces of Canada, (i) all property of the State shall be formed Nova Scotia, and New State of any kind, used or erected within the Brunswick at the exclusively in Jurisdiction of any Union, and all Sums connection with the other State; nor any then due or payable department, shall State be formed by the for such Lands, become vested in the Junction of two or Mines, Minerals, or Commonwealth; but, more States, or Parts Royalties, shall in the case of the of States, without the belong to the several departments Consent of the Provinces of Ontario, controlling customs Legislatures of the Quebec, Nova Scotia, and excise and States concerned as and New Brunswick bounties, for such time well as of the in which the same are only as the GovernorCongress. situate or arise, General in Council subject to any Trusts may declare to be
Germany (1949) Article 134. - Reich assets 2. The assets of Lnder or other public-law corporations or institutions that no longer exist, insofar as they were originally intended to be used principally for administrative tasks or are now being so used, not merely temporarily, shall pass to the Land, corporation, or institution that now performs those tasks. 3. Real property of

existing in respect thereof, and to any Interest other than that of the Province in the same. Section 117. - The several Provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country. necessary; (ii) the Commonwealth may acquire any property of the State, of any kind used, but not exclusively used in connexion with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the State for public purposes is ascertained under the law of the State in force at the establishment of the Commonwealth; (iii) the Commonwealth shall compensate the State for the value of any property passing to the Commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the Parliament; (iv) the Commonwealth shall, at the date of the transfer, assume the current obligations of the State in respect of the department transferred.
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Lnder that no longer exist, including appurtenances, shall pass to the Land within which it is located, insofar as it is not among the assets already referred to in paragraph 1 of this Article. 4. Insofar as an overriding interest of the Federation or the particular interest of a region requires, a federal law may depart from the rules prescribed by paragraphs 1 to 3 of this Article. 5. In all other respects, the succession to and disposition of assets, insofar as it has not been effected before January 1, 1952 by agreement between the affected Lnder or corporations or institutions established under public law, shall be regulated by a federal law requiring the consent of the Bundesrat. 6. Holdings of the former Land of Prussia in enterprises established under private law shall pass to the Federation. 7. Insofar as assets that on the effective date of this Basic Law would devolve upon a Land or a corporation or institution established under public law pursuant to paragraphs 1 to 3 of this Article have been
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disposed of by or pursuant to a Land law or in any other manner by the party thus entitled, the transfer of assets shall be deemed to have taken place before such disposition. Management and Sale of Land, Asset, Property Section 92, Subsection 5. - In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon. Agriculture Undelegated43 Section 95. - In each Undelegated Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the
43
Article 74, Paragraph 1, Subparagraph 15. 1. Concurrent legislative powers shall extend to the following subjects: 15. The transfer of land, natural resources, and means of production to public ownership or other forms of public enterprise;
Article 74. Paragraph 17. - The promotion of agricultural production and forestry, ensuring the adequacy of the food supply, the importation and exportation of agricultural and forestry products, deep-sea and coastal fishing, and preservation of the coasts;
For those with undelegated please see Matrix 12 for Provisions handling Gray Areas..

Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. Education Undelegated Section 93. - In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions: Section 92, Subsection 2. - Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes. Section 92, Subsection 9. - Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes. Section 92A. - (1) In each province, the legislature may exclusively make laws in relation to (a) exploration for non-renewable natural resources in the province; (b) development, conservation and management of nonrenewable natural resources and Undelegated
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Article 74. Paragraph 13. - The regulation of educational and training grants and the promotion of research;
Direct Taxation Exclusive to Federation
Exclusive Federation
to
Article 105, Paragraph 2a. - The Lnder shall have power to legislate with respect to local taxes on consumption and expenditures so long and insofar as they are not substantially similar to taxes imposed by a federal law. 106 Paragraph 2. Revenue from the following taxes shall accrue to the Lnder: 1. The property tax; 2. The inheritance tax; 3. The motor vehicle tax; 4. Such taxes on transactions as do not accrue to the Federation pursuant to paragraph 1 or jointly to the Federation and the Lnder pursuant to paragraph 3 of this Article; 5. The beer tax; 6. The tax on

forestry resources in the province, including laws in relation to the rate of primary production therefrom; and (c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. (2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada. (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict. (4) In each province, the legislature may
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gambling establishments. Section 106, Paragraph 3. Revenue from income taxes, corporation taxes, and turnover taxes shall accrue jointly to the Federation and the Lnder (joint taxes) to the extent that the revenue from the income tax and the turnover tax is not allocated to municipalities pursuant to paragraphs 5 and 5a of this Article. The Federation and the Lnder shall share equally the revenues from income taxes and corporation taxes. The respective shares of the Federation and the Lnder in the revenue from the turnover tax shall be determined by a federal law requiring the consent of the Bundesrat. Such determination shall be based on the following principles: 1. The Federation and the Lnder shall have an equal claim against current revenues to cover their necessary expenditures. The extent of such expenditures shall be determined with due regard to multi-year financial planning. 2. The financial requirements of the Federation and of the Lnder shall be

make laws in relation to the raising of money by any mode or system of taxation in respect of (a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and (b) sites and facilities in the province for the generation of electrical energy and the production therefrom, whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province. (5) The expression primary production has the meaning assigned by the Sixth Schedule. (6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section.
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coordinated in such a way as to establish a fair balance, avoid excessive burdens on taxpayers, and ensure uniformity of living standards throughout the federal territory. In determining the respective shares of the Federation and the Lnder in the revenue from the turnover tax, reductions in revenue incurred by the Lnder from January 1, 1996 because of the provisions made with respect to children in the income tax law shall also be taken into account. 4. The respective shares of the Federation and the Lnder in the revenue from the turnover tax shall be apportioned anew whenever the ratio of revenues to expenditures of the Federation becomes substantially different from that of the Lnder; reductions in revenue that are taken into account in determining the respective shares of revenue from the turnover tax under the fifth sentence of paragraph 3 of this Article shall not be considered in this regard. If a federal law imposes additional expenditures on or withdraws revenue from the Lnder, the additional burden may be compensated for by federal grants
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pursuant to a federal law requiring the consent of the Bundesrat, provided the additional burden is limited to a short period of time. This law shall establish the principles for calculating such grants and distributing them among the Lnder. 5. A share of the revenue from the income tax shall accrue to the municipalities, to be passed on by the Lnder to their municipalities on the basis of the income taxes paid by their inhabitants. 5a. From and after January 1, 1998, a share of the revenue from the turnover tax shall accrue to the municipalities. It shall be passed on by the Lnder to their municipalities on the basis of a formula reflecting geographical and economic factors. 6. Revenue from taxes on real property and trades shall accrue to the municipalities; revenue from local taxes on consumption and expenditures shall accrue to the municipalities or, as may be provided for by Land legislation, to associations of municipalities. Municipalities shall be authorized to establish the rates at
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which taxes on real property and trades are levied, within the framework of the laws. If there are no municipalities in a Land, revenue from taxes on real property and trades as well as from local taxes on consumption and expenditures shall accrue to the Land. In accordance with Land legislation, taxes on real property and trades as well as the municipalities' share of revenue from the income tax and the turnover tax may be taken as a basis for calculating the amount of apportionment. 7. An overall percentage of the Land share of total revenue from joint taxes, to be determined by Land legislation, shall accrue to the municipalities or associations of municipalities. In all other respects Land legislation shall determine whether and to what extent revenue from Land taxes shall accrue to municipalities (associations of municipalities). 8. If in individual Lnder or municipalities (associations of municipalities) the Federation requires special facilities to be established that directly result in an
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increase of expenditure or in reductions in revenue (special burden) to these Lnder or municipalities (associations of municipalities), the Federation shall grant the necessary compensation if and insofar as the Lnder or municipalities (associations of municipalities) cannot reasonably be expected to bear the burden. In granting such compensation, due account shall be taken of indemnities paid by third parties and financial benefits accruing to these Lnder or municipalities (associations of municipalities) as a result of the establishment of such facilities.
U.S. (1776) Article 1, Section 8. The Congress shall have power to regulate commerce with foreign nations Article 1, Section 10, Par. 3.. No State shall, without the Consent of Congress enter into any agreement or compact with another state, or with a foreign power. Article 2, Section 3. [the president] shall receive Ambassadors
Matrix 7. Federal Power over Foreign Affairs Canada (1867) Australia (1901) Section 132. The Section 51 (i). Parliament and Parliament shall have Government of power to make laws Canada shall have all for trade and Powers necessary or commerce with other proper for performing countries. the Obligations of Section 75 (i). Canada or of any Original Jurisdiction Province thereof, as of the Hight Court in Part of the British all matters arising Empire, towards from any treaty. Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
Germany (1949) Article 32. - 1. Relations with foreign states shall be conducted by the Federation. 2. Before the conclusion of a treaty affecting the special circumstances of a Land, that Land shall be consulted in timely fashion. 3. Insofar as the Lnder have power to legislate, they may conclude treaties with foreign states with the

and other Ministers public
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consent of the Federal Government.
U.S. (1776) Article III, Section 2, Paragraph 3. - The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Matrix 8. Local Judicial Authority Canada (1867) Australia (1901) Article 80. - The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.
Germany (1949)
Matrix 9. Delineation of Sources of Revenues U.S. (1776) Canada (1867) Australia (1901) Consolidated Revenue Funds Section 103 The Section 81. - All Consolidated Revenue revenues or moneys Fund of Canada shall raised or received by Executive be permanently the charged with the Government of the Costs, Charges, and Commonwealth shall one Expenses incident to form the Collection, Consolidated Revenue to be Management, and Fund, Receipt thereof, and appropriated for the of the the same shall form purposes the First Charge Commonwealth in the thereon, subject to be manner and subject to charges and reviewed and audited the in such Manner as liabilities imposed by shall be ordered by this Constitution. the Governor General in Council until the Section 87, Paragraph Parliament otherwise 2. - The balance shall, provides. in accordance with this Constitution, be Section 104. The paid to the several
Germany (1949)

annual Interest of the Public Debts of the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the Consolidated Revenue Fund of Canada. Section 105. Unless altered by the Parliament of Canada, the Salary of the Governor General shall be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon. Section 106. Subject to the several Payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service. States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth. Section 105. - The Parliament may take over from the States their public debts, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. Section 3. - Salary of Governor-General payable out of the Consolidated Revenue fund Section 66. - Salaries of Ministers payable out of the Consolidated Revenue
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Fund. Prohibition on Preferences in Commerce Between States Article I, Section 9, Section 99. - The Paragraph 6. - No Commonwealth shall Preference shall be not, by any law or given by any regulation of trade, Regulation of commerce, or Commerce or revenue, give Revenue to the Ports preference to one of one State over State or any part those of another; nor thereof over another shall Vessels bound State or any part to, or from, one State, thereof. be obliged to enter, clear, or pay Duties in another. Finance, Sources of Revenue: Federal Sources Article I, Section 8. - Section 91, Section 51, The Congress shall Subsection 3. - It shall Subsection (ii). - The have Power To lay be lawful for the Parliament shall, and collect Taxes, Queen, by and with subject to this Duties, Imposts and the Advice and Constitution, have Excises, to pay the Consent of the Senate power to make laws Debts and provide for and House of for the peace, order, the common Defence Commons, to make and good government and general Welfare Laws for the Peace, of the Commonwealth of the United States; Order, and good with respect to: (ii) but all Duties, Imposts Government of taxation; but so as not and Excises shall be Canada, in relation to to discriminate uniform throughout all Matters not coming between States or the United States; within the Classes of parts of States; Subjects by this Act assigned exclusively Section 86. - On the to the Legislatures of establishment of the the Provinces; and for Commonwealth, the greater Certainty, but collection and control not so as to restrict the of duties of customs Generality of the and of excise, and the foregoing Terms of control of the payment this Section, it is of bounties, shall pass hereby declared that to the Executive (notwithstanding Government of the anything in this Act) Commonwealth. the exclusive Legislative Authority Section 88. - Uniform of the Parliament of duties of customs Canada extends to all shall be imposed Matters coming within two years after within the Classes of the establishment of Subjects next the Commonwealth. hereinafter enumerated; that is to Sections 81. All
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Article 105, Paragraph 1. - The Federation shall have exclusive power to legislate with respect to customs duties and fiscal monopolies. Article 105, Paragraph 2. - The Federation shall have concurrent power to legislate with respect to all other taxes the revenue from which accrues to it wholly or in part or as to which the conditions provided for in paragraph 2 of Article 72 apply. Article 106, Paragraph 1. - The yield of fiscal monopolies and the revenue from the following taxes shall accrue to the Federation: 1. Customs duties; 2. Taxes on consumption insofar as they do not accrue to the Lnder pursuant to paragraph 2, or

say, 3. The raising of Money by any Mode or System of Taxation. revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund, to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution. Section 82. - The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth.
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jointly to the Federation and the Lnder in accordance with paragraph 3, or to municipalities in accordance with paragraph 6 of this Article; 3. The highway freight tax; 4. The taxes on capital transactions, insurance, and bills of exchange; 5. Nonrecurring levies on property and equalization of burdens levies; 6. Income and corporation surtaxes; 7. Levies imposed within the framework of the European Communities.
Sections 85 105A. (other procedures allocations of funds.) Finance, Sources of Revenue: Local/Direct Sources (See Matrix 6. Direct Taxation)
U.S. (1776) Preamble - We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general
Matrix 10. Affirmation of the Union of the Federation Canada (1867) Australia (1901) Preamble - An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith Whereas the Provinces of Canada, Nova Scotia, and New
Germany (1949) Preamble - Germans in the Lnder of Baden-Wrttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, MecklenburgWestern Pomerania, North Rhine-

Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire: And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America: Section 3. - It shall be lawful for the Queen, by and with the Advice of Her Majestys Most Honourable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than Six Months after the passing of this Act,
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Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein, and Thuringia have achieved the unity and freedom of Germany in free selfdetermination. This Basic Law thus applies to the entire German people.

the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.
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Matrix 11. Constitution Amendment Through the Federal Legislature Article V. - The Schedule B. Congress, whenever Constitution Act two thirds of both (1982), Part V, Houses shall deem it Section 38, necessary, shall Subsection (1), (a). propose Amendments An amendment to the to this Constitution, Constitution of or, on the Application Canada may be made of the Legislatures of by proclamation two thirds of the issued by the several States, shall Governor General call a Convention for under the Great Seal proposing of Canada where so Amendments, which, authorized by (a) in either Case, shall be resolutions of the valid to all Intents and Senate and House of Purposes, as Part of Commons; this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Section 128. - This Constitution shall not be altered except in the following manner: The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives. When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only Article 79. - 1. This Basic Law may be amended only by a law expressly amending or supplementing its text. In the case of an international treaty respecting a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defense of the Federal Republic, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification. 2. Any such law shall be carried by two thirds of the Members of the Bundestag and two thirds of the votes of the Bundesrat.

Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails. And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queens assent. Through Initiative of a Certain Percent of the Local States or Provinces Article V. (see above) Schedule B. Constitution Act (1982), Part V, Section 38, Subsection (1), (b). An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by (b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
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Matrix 12. The Judicature U.S. (1776) Canada (1867) Australia (1901) Independence Through Manner of Appointment Article II, Section 2, Section 72,
Germany (1949) Article 94, Paragraph

Paragraph 2. He (The President)44 shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, Subsection (i) - (ii). The Justices of the High Court and of the other courts created by the Parliament: (i) shall be appointed by the GovernorGeneral in Council; (ii) shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity;
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1. - The Federal Constitutional Court shall consist of federal judges and other members. Half the members of the Federal Constitutional Court shall be elected by the Bundestag and half by the Bundesrat. They may not be members of the Bundestag, of the Bundesrat, of the Federal Government, or of any of the corresponding bodies of a Land. Article 97, Paragraph 2. - Judges appointed permanently to fulltime positions may be involuntarily dismissed, permanently or temporarily suspended, transferred, or retired before the expiration of their term of office only by virtue of judicial decision and only for the reasons and in the manner specified by the laws. The legislature may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of courts or in their districts, judges may be transferred to another court or removed from office, provided they retain their full salary. Article 97, Paragraph
Independence Through Protection of Salary Article III, Section 1.

44
Section
72,
Text in parentheses added by researcher.

- The Judges, both of Subsection (iii). the supreme and (iii) shall receive such inferior Courts, shall remuneration as the hold their Offices Parliament may fix; during good but the remuneration Behaviour, and shall, shall not be at stated Times, diminished during receive for their their continuance in Services, a office. Compensation, which shall not be diminished during their Continuance in Office. Powers as Adjudicators Between a Local State and another Local Local State and the Federal State Article III, Section 2, Section 75, - The judicial Power Subsection (iii) and shall extend to all (iv). Original Cases, in Law and jurisdiction of High Equity, arising under Court In all matters: this Constitution, the (iii) in which the Laws of the United Commonwealth, or a States, and Treaties person suing or being made, or which shall sued on behalf of the be made, under their Commonwealth, is a Authorityto party; Controversies to (iv) between States, or which the United between residents of States shall be a different States, or Party;to between a State and a Controversies resident of another between two or more State; States;between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases n which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before
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1. - Judges shall be independent and subject only to the law.
State; and Between a Article 93, Paragraph 1, Subparagraphs 2, 1. The Federal Constitutional Court shall rule: Subparagraphs 2, 2a, 3, 4, and 4b. 2. In the event of disagreements or doubts respecting the formal or substantive compatibility of federal law or Land law with this Basic Law, or the compatibility of Land law with other federal law, on application of the Federal Government, of a Land government, or of one third of the Members of the Bundestag; 2a. In the event of disagreements whether a law meets the requirements of paragraph 2 of Article 72, on application of the Bundesrat or of the government or legislature of a Land; 3. In the event of disagreements respecting the rights and duties of the

mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
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Federation and the Lnder, especially in the execution of federal law by the Lnder and in the exercise of federal oversight; 4. On other disputes involving public law between the Federation and the Lnder, between different Lnder, or within a Land, unless there is recourse to another court; 4b. on constitutional complaints filed by municipalities or associations of municipalities on the ground that their right to self-government under Article 28 has been infringed by a law; in the case of infringement by a Land law, however, only if the law cannot be challenged in the constitutional court of the Land;
U.S. (1776) Amendment X (1791). - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Matrix 12. Provisions Handling Gray Areas Canada (1867) Australia (1901) Section 92, Section 107. - Every Subsection 16. - In power of the each Province the Parliament of a Legislature may Colony which has exclusively make become or becomes a Laws in relation to State, shall, unless it Matters coming is by this Constitution within the Classes of exclusively vested in Subjects next the Parliament of the hereinafter Commonwealth or enumerated; that is to withdrawn from the say, 16. Generally all Parliament of the Matters of a merely State, continue as at local or private Nature the establishment of in the Province. the Commonwealth,
Germany (1949) Article 30. - Except as otherwise provided or permitted by this Basic Law, the exercise of state powers and the discharge of state functions is a matter for the Lnder. Article 70, - 1. The Lnder shall have the right to legislate insofar as this Basic Law does not confer

Section 91, paragraph immediately after Subsection 29. - It shall be lawful for the Queen, by and with the Advice and onsent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of or as at the admission or establishment of the State, as the case may be. Section 108. - Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State. Section 109. - When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
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legislative power on the Federation. 2. The division of authority between the Federation and the Lnder shall be governed by the provisions of this Basic Law respecting exclusive and concurrent legislative powers. Article 71. - On matters within the exclusive legislative power of the Federation, the Lnder shall have power to legislate only when and to the extent that they are expressly authorized to do so by a federal law. Article 72, - 1. On matters within the concurrent legislative power, the Lnder shall have power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law. 2. The Federation shall have the right to legislate on these matters if and to the extent that the establishment of equal living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest. 3. A federal law may provide that federal

Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
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legislation that is no longer necessary within the meaning of paragraph 2 of this Article may be superseded by Land law. Article 105, (See Matrix 4. Taxation; And Matrix 6. Finance, Sources of Revenue: Federal Sources Article 115c.- 1. The Federation shall have the right to legislate concurrently for a state of defense even with respect to matters within the legislative powers of the Lnder. Such laws shall require the consent of the Bundesrat.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL CURRICULUM VITAE Ronald Maglaqui Castillo attended two Catholic Institutions: Notre Dame of Greater Manila and the Royal and Pontifical University of Santo Tomas. He was awarded a Bachelor of Arts (Political Science) at the college founded by the late President Jose P. Laurel Lyceum of the Philippines. And he achieved his Master
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of Arts (Political Science) at the Graduate School of the University of Santo Tomas. He completed his practicum at the Philippine Senate among the Legislative Committee Secretaries. As a Civil Servant (Career Service Professional) he has served as Executive Staff to one of the Departments of Caloocan City Government. Currently, he teaches the following subjects, at La Consolacion College Caloocan: Philippine Constitution and History, Logic and Ethics, Research
Methodology and Statistics. As a hobby, he successfully coached the Lyceum Debate Society for three consecutive years, and was inducted to its Hall of Legends in March 2006. He also was a judge on Asian Parliamentary Debate in national inter-collegiate
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competitions, and was ranked among the Philippines top adjudicators at the Philippine Daily Inquirer Inter-collegiate Debating Championship45.
45
3rd Inquirer Inter-collegiate Debating Championship, Quezon City: University of the Philippines. January 30 February 3, 2004. 4th Inquirer Inter-collegiate Debating Championship, Quezon City: University of the Philippines. February 26 March 1, 2005.

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

FEDERALISM AND ITS POTENTIAL APPLICATION TO THE REPUBLIC OF THE PHILIPPINES

RONALD M. CASTILLO March 2011

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL ACKNOWLEDGEMENT

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL DEDICATION

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL ABSTRACT

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PAGE 130 133 135

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL present constitution.

The 1987 Constitution has provided for a degree of

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL country.

And like its predecessor, it promoted the ideals of liberty and

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

freedom Unitary; Spanish Executive

Marcos Sponsored Constitution: 1973.

Period of Martial Law Promotes under President Marcos. Unitary;

democratic Promoted System

provisions for promoting local

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

against Unitary; Contained provisions for

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL C. Significance of the Study

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL E. Theoretical Framework 1. Federalism

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PAGE Self-rule and

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL decides to decentralize.

The national government retains supervision and

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Component State Component State Component State

Component State Component State Component State

Figure 1 Concept of the Federal System

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Cordillera Administrative Region

MIMAROPA Eastern Visayas Northern Mindanao CARAGA Davao Region

Western Visayas Central Visayas Zamboanga Peninsula

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL 2. Specific Framework

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL -

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL

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UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL