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OCAMPO
VIOVICENTE
FEDERALISM
Nov 30, 2018
FEDERALISM IN THE PHILIPPINES
Structure of the Government
Distribution of Power
Federated
Government
Federal Regional Government
18 Federated Regions &
6 Constitutional Commissions
1
Legislative, Executive and Judicial
2
SUMMARY
National Security and Territory
3
Taxes and Fees; &
Land and Property
4
Social Justice & General Provisions
5
Amendments or Revision & Transition
6
PLATO &
ARISTOTLE
PLATO
ARISTOTLE
PHILOSOPHER KING
Philosopher King
PERFECT
LEADER
PROPOSED DRAFT
EDUCATION
President, Vice President, Senators and other high officials should be at least college graduates
important in society
(much more) important in leaders
College Graduates ≠ Philosopher King
BUT..
IT IS A STEP TO ENSURING A MORE EDUCATED LEADER
Old and Current Constitution:
LITERACY = BARE MINIMUM
= QUALIFIED
TERRITORY
RULER'S FUNCTIONS REGARDING TERRITORY:
Territory
MAINTAIN SIZE
BIG TERRITORY
TERRITORY
Small enough to maintain unity among its constituents
DETRIMENTAL
HARDER
TO MANAGE
MAINTAIN SIZE
FEDERALISM
SMALLER STATES
-Decentralizes Power
-Smaller Regional States
MANAGED MORE EFFECTIVELY
GIVEN MORE FOCUS
PROTECT TERRITORY
PROVISIONS
Declares sovereign rights over territories belonging to Philippines
PROTECT
(e.g Philippine Rise, Scarborough Shoal, etc)
Firms up our stance in the West Philippine Sea
PARTICIPATION
Plato
everyone should have
a role in the society
Draft Provisions
ensures people's participation
(NGOs, Faith-based groups, Indigenous People etc.)
Participation
EQUALITY
Proposed draft:
“No person shall be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, and other conditions that amount to discrimination.”
"..there should be no inhumane treatment inflicted on any person in the work environment"
EQUALITY
CONTRAST WITH PLATO'S EXCLUSION OF DISABLED PEOPLE
ARISTOTLE
BALANCE
ARISTOTLE
moderation
FEDERALISM
decentralized power = moderation in power
tax federated regions
Balance
ROUSSEAU & MILL
ROUSSEAU
ROUSSEAU
& MILL
MILL
ROUSSEAU
- agrees with the changes Federalism brings
INABILITIES OF PLURALISTIC ACTIVITIES
INABILITY
INABILITY
PLURALISTIC SOCIETIES GOOD SOCIETIES
(e.g. Philippines Republican State)
POSSIBLE
CONFLICT
DIVIDE
DIVIDE
Easier to divide government into different states
easier to manage
prevents issues with contrasting beliefs
PRESERVE
PRESERVE
FEDERAL GOVERNMENT
preserve diversity of cultural, religious and political entities
e.g. indigenous groups, tribes, Muslims
Saint Pierre
Rousseau presented and critiqued St. Pierre's proposal of Federalism...
several conditions:
government
regional states
1
regional states
2
joint legislation
5
3
UNANIMITY
joint forces
secession must not be allowed
4
SAINT PIERRE
CONDITIONS
CONDITIONS
MUTUAL SYMPATHY
MUTUAL SYMPATHY
-COEXIST with one another
STATES MUST
-arrive at uniform decisions
-prioritize collective whole
NOT POWERFUL ENOUGH TO RELY ON ITS OWN
NOT SO POWERFUL TO RELY ON ITS OWN
Equal distribution of power
power to develop own industries
active trade
SPECIALIZATION
prevents isolation and self-reliance
Tactics 3
MARKED INEQUALITY
-No state is allowed to extend its jurisdiction over another.
-sufficient funding for all
BENEFITS
-from the implementation of Federalism
BENEFITS
EMPOWERS THE WEAK
EMPOWERS THE WEAK
Commission
-ensure participation of all citizens
NGOs, civil society organizations, indigenous groups
UPDATED LAND REFORM
UPDATED LAND REFORM
current government provisions
resisted by the elite and wealthy
proposed constitution draft
aimed at addressing this
SPECIFIC LAWS
SPECIFIC LAWS
-power to make laws aside from standard law
-capacity to enforce these laws
=
LIKELIHOOD OF PETTY DISAGREEMENTS AND POLICIES DECREASE
LESSENS THREATS OF ASSIMILATION
Philippines culturally diverse
LESSEN THREATS
federalism prevents assimilation to a more uniform culture
MACHIAVELLI
"THE PRINCE"
MACHIAVELLI
Capable to be BAD
show FORCE
THE PRESIDENT
allowed to intervene into regional states
take all measures necesarry
SOURCES
https://plato.stanford.edu/entries/federalism/
https://www.routledgehandbooks.com/doi/10.4324/9781315612966.ch8
http://blogs.lse.ac.uk/europpblog/2014/02/13/the-work-of-js-mill-shows-the-importance-of-a-common-identity-to-the-principle-of-european-federalism/
https://rucore.libraries.rutgers.edu/rutgers-lib/40385/PDF/1/play/
http://files.libertyfund.org/pll/quotes/201.html
READINGS
DISCLAIMER
sides implied in this presentation do not reflect
the opinion of the reporters