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ABSTRACT

This research reviews the characteristics of federalism and explores the possibility of it being used to
create, in due course, a new XX 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. FederaIism was created by the Americans at
the Philadelphia Convention of 1787 better known as the FederaI Convention. t 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 essentiaI features of a federaI poIiticaI 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
devoIution of legislative and administrative power, and de-concentration of economic powers while
uniting the varied regional units.

TABLE OF CONTENTS
Title Page .......................... i
CertiIicate oI Originality .................... ii
Approval Sheet ....................... iii
Acknowledgement ........................ iv
Dedication ......................... vii
Abstract ............................. viii
Table oI Contents ....................... ix
List oI Tables .......................... xiii
List oI Figures ......................... xiv
CHAPTER I INTRODUCTION
A. Background oI the Study ................. 1
B. Statement oI the Problem ................. 11
C. SigniIicance oI the Study ................. 12
D. Objective oI the Study .................. 12
E. Theoretical Framework Federalism ...................... 13
Principle oI Division oI Powers ............. 14
Constitutional Division oI Power ............. 15
Geopolitical Division oI Power ............. 17
F. Conceptual Framework UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE x
General Framework ................. 19 SpeciIic Framework ................... 24 G. Scope and
Limitation ................. 24 H. Hypothesis ...................... 25 I. DeIinition oI Terms .................. 26
CHAPTER II: LITERATURE REVIEW A. Foreign Literature .................... 31 Federalism and State
Building ............. 31 Federalism and Management oI Heterogeneous Systems .... 41 Federalism and
Political Economy ........... 44 B. Local Literature .................... 49 Federalism and the Philippine
Situation .......... 49 CHAPTER III: RESEARCH METHODOLOGY ............ 53 CHAPTER IV: DATA
PRESENTATION AND ANALYSIS A. The Seven Essential Features oI a Federal Political System ...
58 1. Two levels oI government existing in their own right under, one constitution ................... 58 2. A
Central Government directly elected by the electorate oI the whole country, making laws and
taxation applicable to all citizens ........................ 61 3. Regional Government Units exercising
constitutionally delegated powers over their members ............ 72 UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE xi 4. Allocation oI sources oI revenue between the two levels oI
government ....................... 80 5. A written constitution as a binding contract among regional units,
and which cannot be amended unilaterally ...... 83 6. An umpire (Supreme/Constitutional Court) to
rule on disputes ...................... 85 7. Processes and Institutions to Iacilitate intergovernmental
interaction and coordination .............. 93 B. Three Potential Applications oI A Federal Convention to
the Republic oI the Philippines ................ 99 1. Consolidation oI Territory through Devolution oI
Legislative, Administrative, and Judicial (lower court) Powers (Geopolitics) ..................... 99 2.
Accommodation oI Cultural Idiosyncrasies through Devolution (Political Culture) .............. 110 3.
Stimulation oI Development and Managing Regional Fiscal Disparities through Deconcentration oI
Economic Forces (Political Economy) ................... 118 C. Simulation ....................... 122 CHAPTER
V: SUMMARY OF FINDINGS, CONCLUSION, AND RECOMMENDATIONS FOR FUTURE

RESEARCH A. SUMMARY ...................... 126 UNIVERSITY OF SANTO TOMAS GRADUATE


SCHOOL PAGE xii B. CONCLUSION .................... 130 C. RECOMMENDATION ................ 133
BIBLIOGRAPHY ........................ 135 APPENDIX: Comparative Matrices oI Relevant Constitutional
Provisions in the Model Countries .................... 149 CURRICULUM VITAE ..................... 178
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE xiii LIST OF TABLES Table 1 - The
Four Philippine Constitutions ........... 8 Table 2 Facilitating Processes and Institutions in a Federal
System .. 93 Table 3 Geographical Comparison oI the Four Model Federations and the
Philippines ....................... 103 Table 4 Demographic Comparison oI the Four Model Federations and
the Philippines ........................ 112 Table 5 GDP Per Capita (PPP) oI the Four Model Federations
and the Philippines ........................ 114 Table 6 Regional Average Income and Average Savings oI
Families at Current Prices (values in thousand pesos) 2000, 2003 and 2006 ... 115 UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE xiv LIST OF FIGURES Figure 1 Concept oI the
Federal System .............. 20 Figure 2 The Philippines with Federal National State and the Regions
as Components States ....................... 21 Figure 3 Research Design .................. 53 Figure 4 Map oI
the U.S. Federation Featuring the Regional Levels (50 States) ........................... 104 Figure 5 Map oI
Canadian Federation Featuring the Regional Levels (10 Provinces and 3 Territories) ................. 105
Figure 6 Map oI the Australian Federation Featuring the Regional Levels (6 States and 2
Territories) ................. 106 Figure 7 Map oI the German Federation Featuring the Regional Levels
(16 Lnder) ......................... 107 Figure 8 Map oI the Philippine Archipelago Featuring the Regional
Levels (17 Regions) ..................... 108

PAGE 1 CHAPTER I INTRODUCTION


'.law must attend to the ordering oI individual things in such a way as to secure the common
happiness. - St. Thomas Aquinas, Summa Theologiae
A. Background of the Study
1. Liberalization of Philippine Democracy
In more than Iour centuries, Filipinos have expressed their love oI Ireedom and liberty. Through
historic struggles and endeavors, the Philippine political system culminated to an independent state
ruled under the principles oI democracy. The Philippines has had Iour constitutions including the
present Freedom Constitution. 1 These constitutions have always Iollowed principles oI the
democratic ideal. Now, twenty two years aIter the advent oI this Freedom Constitution, the necessity
Ior studying constitutional changes or even the adoption oI a new constitution arises. The problem
originates Irom the possibility that one oI 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 oI voluntarily gathering together Ior
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 1 The 1987 Constitution has been dubbed
'Freedom Constitution since it was implemented aIter the restoration oI democracy and aIter the Iall
oI the dictatorial regime oI Iormer President Ferdinand E. Marcos. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 2 arose. This is the political power oI the majority. This majority wields
both the power to make decisions Ior everyone, and the power to implement such decisions. The
majority power is just the same as the concept oI the General Will oI Jean-Jacques Rousseau in The
Social Contract. According to the renowned political philosopher, the General Will can sometimes not
lead towards the good oI all, since it is the result oI contending individual wills (Will oI All). There is a
chance that groupings oI people`s wills may not anymore be representative oI the common good but
only the good oI a certain group or Iaction (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 oI 7,100 islands. Several oI these islands are populated by peoples oI 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 oI both government and economy, at the
heart oI the largest island located to the north oI 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 oI development. In contrast, the Iarther one territory is Irom the
capital, the less opportunities Ior development it has. In a study on the political philosophy oI JeanJacques Rousseau, Miller quoted Rousseau as advocating the idea that countries with a large extent
oI UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 3 jurisdiction should steer clear
oI placing too much power in capital cities (Miller, 1984). In addition, John Stuart Mill also considers
centralization as detrimental to the promotion oI liberty in a political system (Collini, 1992). A more
recent study, Fareed Zakaria (1997), managing editor oI Foreign Affairs Journal emphasized that
compared to the dangers oI anarchy, 'the greatest threats to human liberty and happiness in
contemporary times result Irom 'brutally strong centralized states. A democracy is simply a
determination oI the source oI and/or holder oI the power to rule. A charter that guides a political
system that promotes true liberty oI the people must have proper provisions. It is the Rule oI Law
that is basically the source or Ioundation oI the people`s liberties. According to John Locke in his

Second Treatise on Government, the purpose oI the Law is not to remove Ireedom or constrict it,
instead the purpose oI law is to saIeguard Ireedom and extend its beneIits to more people (Spector,
1992). Locke Iurther argued that the blessings oI liberty cannot be had iI there is no law. This
research extended such a concept to a dysIunctional law, one that does not accomplish the common
good. In order to secure the blessings oI liberty, the law must contain proper mechanisms. Without
proper mechanism in the law, then it will become what Locke was against removal oI Ireedom and
constraint to liberty. This constraint occurs in the Philippine democratic system due to the
centralization oI power in the hands oI the national government created by the UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 4 present constitution. The 1987 Constitution has
provided Ior a degree oI decentralization and local autonomy. Yet as current situations in the
Philippine political economy portray, these provisions are insuIIicient to stimulate political liberty Ior
the various regions and local governments under the national government. Observations oI
economic indicators Irom years 1970 2005 show great gaps between the National Capital Region 2
and the other regions in terms oI 1) domestic production, 2) economic growth rates, 3) inIrastructure,
4) access to utilities such as water and electricity, 5) poverty incidence, and 6) the GINI 3 Ratio (Hill,
2006). Such a situation exists because the powers to plan, organize, and control remains largely in
the hands oI the national government. In addition to this, economic means to pursue development
are concentrated in the same way. Power is identiIied 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). 2 The region where Metro Manila and the Seat
oI the Philippine Central/National Government is located. 3 Human Development Index Standard
economic measure oI income equality/inequality. UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 5 Hence there is a necessity to push Ior the upgrading oI the Philippine Constitution
Irom a simple democratic system into liberal democratic Iorm oI government. John Rawls, prominent
political scientist, said in his principles oI justice and Iairness, '.each person is to have an equal right
to the most extensive basic liberty compatible with similar liberty Ior 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
oI 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 oI human law Ior
change lessens its binding strength; the law may be altered only iI such change can produce greater
beneIit Ior the common good, thus Iurthering its capacity to bind (Dyson, 2002). A system oI
government that not only remains in stasis with no development but also has a tendency to promote
the interests oI the Iew instead oI the common good, has to be modiIied Ior the better. This has to be
made in such a way that the principles that champion the rights and liberties oI individual citizens
and their respective regions are incorporated. Federalism can be an option Ior such a change. The
historian Arthur Schelesinger (1997) enumerated among others the high impact oI culture and
religion as a stress on democratic systems. In the Philippine context, there is a great variety oI
regional cultures, and more UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 6
speciIically, 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 Ior the 40
years armed conIlict in Mindanao. This research can help in Iinding a solution to this problem since it
explores the capacity oI asymmetric Iederalism to grant regional autonomy while retaining territorial

and sovereign integrity. 2. Tracing Back Philippine Constitutions The Philippine political system has
had a succession oI Iour written constitutions including the current one. First was the Malolos
Constitution oI 1899. Second was the Commonwealth Constitution oI 1935. Third, the Marcos
Sponsored Constitution oI 1973. And Iinally, there is the Freedom Constitution oI 1987. The
constitution oI 1899 was made as a result oI the Filipino desire Ior liberty and selI-government. Yet it
was unable to have a Iull span oI time to be implemented and be enjoyed by the Filipinos. This was
because the historic event oI 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 oI church and state. Its` Iirst article declared that the citizens are the source oI sovereign
powers (Article 3, Title 1). In addition to this, Article IV contained a list oI rights oI the citizens oI the
republic. The 1935 Constitution was created under the auspices oI the American Civil Government.
This Constitution Iinally established the Philippines as a Iree UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 7 country. And like its predecessor, it promoted the ideals oI liberty and
democracy, and separated church and state. It also contained a bill oI rights and provisions Ior the
extension oI the right oI suIIrage to women (Article V, Section 1). The Filipino state Iathers decided
to keep the unitary system oI government rather than promoting a Iederal system Iollowing the
model oI the USA, undoubtedly because they judged that the country had to be united given the
Iragmented islands and cultural groups. The content oI the 1973 constitution in terms oI democracy
and liberty Iollows the same principles, yet its` intent was diIIerent Irom its` predecessors. According
to Philippine Historian Sonia Zaide, the movement then Ior constitutional change was spurred,
among others, by necessities oI empowering the Commission on Elections and the General Auditing
OIIice, and the necessity oI decongesting the President`s powers (Article, V, Section 1). But when
the constitution was Iinally draIted and ratiIied it was one under the sponsorship oI President
Marcos` desire oI maintaining his dictatorial regime over the country (Zaide, 1999). The 1970`s
events portrayed that the Filipino`s wanted a revised constitution that adapted to the needs oI the
time (i.e. promotion oI democracy). But as history unIolded, a revised constitution was made;
however, this revised constitution suited not the needs oI the people. Rather it suited the needs oI
President Marcos. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 8 Table 1. The
Four Philippine Constitutions CONSTITUTION BACKGROUND FEATURES Malolos Constitution:
1899 Filipinos have been Iighting Ior Ireedom Irom Spanish colonization (Philippine Revolution 18961899). Promotes democratic ideals; Unitary; Guides the ChieI Executive to observe decentralization
and administrative autonomy ( Title VII, Article 47). Commonwealth Constitution: 1935. The yoke oI
colonial government was about to be removed, Filipinos were gradually trained by the United States
oI America in the art oI Government. Promotes democratic ideals; Unitary; No provision Ior
decentralization. Marcos Sponsored Constitution: 1973. Period oI Martial Law under President
Marcos. Promotes democratic ideals; Unitary; Promoted the Parliamentary System oI government;
Contained provisions Ior promoting local UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 9 The 1973 constitution is also diIIerent since it advocated a parliamentary system oI
government as opposed to the presidential system oI the previous constitutions. The 1987
Constitution went into eIIect aIter the People Power revolution toppled the Marcos Dictatorship. It
reiterated the principles oI democracy, liberty, and human rights. In addition, it restored the
presidential system oI government and Iocused on the accountability oI government oIIicials to the
people. autonomy oI local government units ( Article II, Section 10). Freedom Constitution: 1987
People Power Revolution against President Marcos and Restoration oI Democracy. Promotes
democratic ideals; Unitary; Contained provisions Ior decentralizing local government units (Article
10, Sections 3 and 14), Ior promoting autonomy oI local government units (Article 10, Sections 2 and

5), and Ior two Autonomous Regions (Article 10, Sections 15-21). UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 10 It is also important to note that the 1987 Constitution was draIted
not by representatives chosen by the people, but by Iorty eight Commissioners appointed by the de
Iacto and eventual de jure President Corazon Aquino (De Leon, 2008). These Iour constitutions
provided a system guided by democratic ideals through a representative national government. The
national government in each oI these constitutions Iollowed the unitary system oI government, in
executive and administrative authority over the whole Philippines in the hands oI the President. It is
worth noting that all Iour constitutions Iollowed the unitary system. Three oI these constitutions,
namely the 1899, 1973, and 1987 expressly desired degrees oI autonomy Ior local government
units. For example, the 1899 Constitution stipulates that the president must adhere to 'the most
liberal policy oI decentralization (Article VII, Title 57) in administering over towns and provinces.
Both 1973, and 1987 Constitution incorporated the promotion oI local autonomy in their declaration
oI state policies. In addition to this, the 1987 Constitution added provisions on decentralization; and
Ior special autonomous regions such as that oI Muslim Mindanao and that oI the indigenous
Cordilleras. It can be observed that the early constitutions aimed at creating a uniIied nation out oI a
diversity oI cultural heritages, scattered on so many islands. In world history, the centralization oI the
legislative, administrative and judicial authorities goes back to Napoleon who wanted to uniIy his
Empire to Iacilitate the UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 11 control oI
all elements oI power. It is a characteristic oI Iormer colonies to have "anything that counts" in the
capital city. This thesis sought to discover a potential 21 st century constitution Ior the Philippines.
Through a methodical system, it can adapt to the political, geographic, economic, and cultural
characteristics oI the country. And thereby promote the blessings oI liberal democracy, economic
Iairness among the regions, and strengthen its national unity. B. Statement of the Problem This
study sought to show the relevance oI Iederalism principles oI decentralization and de-concentration
as important constitutional concepts as applicable constitutional concepts to the Republic oI the
Philippines. In doing so, the study necessitates investigation oI the Iollowing queries: 1. How does
the Iederal system oI government promote liberal democracy? 2. How does the Iederal system oI
government create equal opportunities Ior regional economic development? 3. How does the Iederal
system oI government help preserve national unity? 4. Why is the Iederal system oI government an
appropriate system Ior the Republic oI the Philippines? UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 12 C. Significance of the Study This research holds credence to the
study oI political science by being able to study the suitability oI changing the political system oI the
Philippines Irom unitary to Iederal by a comparative analysis oI model Iederal countries. Moreover
this research is important because: Politically, it studies a method oI making the Philippine political
system a liberal democracy through Iederal decentralization oI power while preserving national unity,
territorial and sovereign integrity. Economically, it explores an avenue Ior stimulating Philippine
political economy through de-concentration oI economic Iorces throughout the various regions oI the
country. Administratively, it researches on a more publicly accessible government system through
the de-concentration oI administrative authority and skills. Lastly, this research can explore a solution
towards the settlement oI armed conIlict in the region oI Muslim Mindanao. D. Objective of the Study
This thesis aims to analyze the potential application oI Iederalism Ior the Republic oI the Philippines.
Furthermore, it intends to discover how Iederalism can be an option Ior the liberalization oI Philippine
democracy, while preserving national unity, sovereign and territorial integrity; and Ior the creation oI
possibilities Ior regional development in the Philippines. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 13 E. Theoretical Framework 1. Federalism The conduct oI this study
was guided by the principles oI Iederalism. Federalism as a political science theory has been Iirst

codiIied in The Federalist Papers by American legislators Alexander Hamilton, John Jay, and James
Madison in 1788. From then on, several scholars have Iocused on Iederations. Among such scholars
included Daniel J. Elazar, who became Iounder oI the Center Ior the Study oI Federalism and author
oI multiple studies on the same subject. In 1776, the United States oI America was able to achieve
the innovation oI the union oI Iormer colonies turned independent states into a composite structure
oI a Iederation, and according to Lipson (1997) this |Iederation| has been a 'distinctive, enduring,
and inIluential contribution oI America to the art oI government. It is an innovation since it was the
Americans who experimented with and Iormalized the notion oI Iederation. According to the United
Nations (2006) and the Forum oI Federations (2009), out oI 193 countries in the international
community, there are 24 countries having Iederal political systems with their own idiosyncrasies.
Among these countries the United States oI America, Iounded 1776; Canada, Iounded 1867;
Australia, Iounded 1901; and Germany, Iounded 1949; are states that have successIul experiences
in Iederalism, decentralization, liberal democratization, and regional economic development.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 14 Liberalization and regional
economic development can result Irom Iederalization and decentralization because the powers that
are geographically distributed are the Iollowing: legislative, executive and administrative, since these
are the standard 'active powers oI the sovereign. It coincides with political will and Iree management
particularly when it is made more accessible to the hands oI the common individual or oI the speciIic
regional or sub-national governments in a speciIic territory. Distribution oI power can either be
guided by decentralization or centralization policies. It is important to note though that
decentralization exists both in unitary systems and Iederal 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 Iocuses on power, de-concentration Iocuses on the
economy and administration. This research holds the theory that Iederalization 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 oI Daniel J. Elazar, Ronald Watts has quoted
the esteemed political scientist as deIining Iederalism in the context oI being 'a covenant that
combines selI-rule with shared-rule (Watts, 2000). It is this very UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 15 concept oI Iederalism that holds signiIicance in this research. SelIrule and shared-rule Iollow a system oI division oI powers which is important Ior liberalization and
regional economic development. Within the government, power can be split in two ways: separation
and division. Federalism is concerned with the division oI power. In the book Comparing Political
Svstems (Bertsch, 1991), division oI power is considered as vertical since it Iollows 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 oI powers as 'areal
or 'by- area since it Iollows geographic locations. This is so because the spread oI authority is
divided by region or provinces. 3. Constitutional Division of Power Federalism is closely related to
the concept oI decentralization. Both Iederalism and decentralization distributes governmental
powers in levels or geographic methods. Yet, the unitary system can also decide to decentralize
while remaining unitary. However, Iederalism is unique in its manner oI dividing power. Guided by
the principle 'Potestas delegata non potest delegari 4 (Moreno, 1998), in a unitary system oI
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 iI it 4 Delegated authority cannot be delegated Trans. From latin in Morenos Philippine

Law Dictionarv. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 16 decides to


decentralize. 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 unspeciIied 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 Iederal system, the constitution delegates powers to both the Iederal government
(national state) and regional/provincial governments (component states). This is a Supremacy oI the
Constitution rather than supremacy oI the central government, thereby supporting the rule oI law.
This is beneIicial because, component states do not have to be dependent to the Iederal state since
they have pre-deIined powers and responsibilities within their jurisdictions. The removal oI the
patriarchal relationship makes the regions/provinces more independent and capable oI using their
own political wills and resources Ior their own beneIit. In this situation, component states can even
enter into political and economic relationships with each other. Moreover, these states can have
healthy economic competition Ior the pursuance oI development. Since the power oI the component
states in a Iederal system come Irom the constitution and not Irom the national state, the political
system becomes more liberal with the promotion oI regional/provincial autonomy in a community oI
regional or provincial states. Autonomy promotes, among other beneIits, the securing oI happiness
oI the region/province and by extension the citizens. In UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 17 doing so, these regions/provinces would choose to remain united
with each other and preserve the territorial and sovereign integrity oI the national state. 4.
Geopolitical Division of Power The Iederal division oI 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 oI the Iounding oI
the United States oI America, and during these contemporary times. Empires and current Iederal
countries all have either wide extent oI territories, Iar Ilung areas, or a number oI distributed islands.
Due to distance, diIIiculty oI travel or communication Irom the capital, some oI the territories and
provinces require to be placed under rulers with properly deIined authority to make and implement
decisions Ior the purpose oI eIIicient management. Federations have two geographic levels: the
upper level in charge oI national concerns covering the entire territory, and an intermediate level in
charge oI respective local concerns by region or province. These intermediate levels by virtue oI
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 oI geographic Iactors coupled with constitutional
delegation oI powers, these intermediate level states are autonomous parts oI a whole` comprising
the national state. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 18 Land,
distance, and other geographic Iactors such as dispersed islands are not the only geopolitical Iactors
in a Iederal 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
oI a variety oI these groups. These groups can have separate interests and idiosyncrasies that can
cause stress to the unity, peace, and security oI the country. Decentralization and de-concentration
in a Iederal system allows accommodation oI the individualities oI these groups as represented by
their regions/provinces. 5. Handling of Gray Areas Aside Irom simple interaction, there is the
existence oI 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 Iederalism in addition to the division oI power. The existence oI 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 oI government the judicial power must UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 19 be protected in its neutrality between the national state and the component
states. This ensures the perpetuation oI regional/provincial liberty and Iairness. F. Conceptual
Framework 1. General Framework For a better understanding oI the Iederal system, this thesis used
two conceptual diagrams: one Iollowed a general concept, and another applied it to the Philippines.
Figure 1 was inspired by Daniel J. Elazar`s concept oI 'selI-rule combined with shared-rule (Watts,
2000). According to Elazar, Iederalism is 'the linking oI individuals, groups and polities in lasting but
limited union in such a way as to provide Ior the energetic pursuit oI common ends while maintaining
the respective integrities oI both parties. It is illustrated in the context wherein there are two levels oI
power in a Iederal political system. The Iirst level is at the center (hexagon) which is the national
state. The second level is a set oI component states which are located around the central state
(circled diamonds). In this Iramework, 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). These interactions become more evident in the
succeeding paragraphs. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 20 Figure
1 - Concept of the Federal System National State Component State Component State Component
State Component State Component State Component State Component State Component State
Component State Component State Component State Component State Component State
Component State Component State Component State Component State UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 21 Central Luzon Bicol Region Cagayan Valley Cordillera
Administrative Region Ilocos Region MIMAROPA CALABARZON Eastern Visayas Central Visayas
Northern Mindanao Davao Region Autonomous Region oI Muslim Mindanao Zamboanga Peninsula
Western Visayas SOCSARGEN Philippine National State National Capital Region CARAGA Figure 2
- The Philippines with Federal National State and the Regions as Component States UNIVERSITY
OF SANTO TOMAS GRADUATE SCHOOL PAGE 22 The national state consolidates its` authority
through the consent oI the component states as maniIested 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 aIIected. The component states on the other hand have
competent jurisdiction within a deIined area in the country. Being states with independent powers
Irom the center they have the capacity Ior selI-determination both in managing socio- political
matters and in the pursuance oI economic goals. For example they have the capacity to decide on
Iiscal 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 oI the constitution (the blue circles: both large and
small). It recognizes and deIines what powers and jurisdictions these levels have. Thus, in contrast
to the unitary system wherein the powers oI the local governments are reliant on the decision oI the
national government to delegate, in the Iederal system, the Iact exists that both national and local
states already have their respective competencies and areas oI 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 oI the islands in the

territory. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 23 The recognition oI


regional governments as component states exempliIies the concept oI 'selI-rule as stylized by
Daniel J. Elazar. The power oI the national state represents 'shared-rule. These are Iederal
concepts that can be applied along systemic characteristics oI democracy and liberalism. In a
democracy, the people gather together to Iorm a government. In this Iederal 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 Iederalized state.
Like a democratic government, the central state oI a Iederation pursues goals that are Ior the
common good oI all the component states (represented by connections through the black double
arrows in Figures 1 and 2), and is sovereign by virtue oI consent Irom the constitutionally
autonomous component states. In a liberal government, individuals have the capacity to pursue,
happiness, Ireedom oI choice, liIe, health and other Iactors that can contribute to the dignity oI a
human person. The Iederal structure applies this principle to groups oI people aggregated through
regions. The various regions are granted equal opportunities Ior the pursuance oI happiness,
Ireedom oI choice, liIe, health and other important Iactors Ior the beneIit oI their constituent citizens.
This is made possible through the recognition oI the regions as component states by the constitution
and through the twoIold process oI decentralization oI power and de- concentration oI economic
Iorces. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 24 2. Specific Framework
Figure 2 applies the above mentioned principle over the Republic oI the Philippines. As seen on the
diagram, each oI the 17 regions oI the Philippines is represented as component states. And each is
named aIter the corresponding region. These regions have people sharing similar cultures,
languages, and tradition. Aside Irom these, there is the national state the Philippines which represent
all oI 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 oI economic Iorces 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 deIines
the situation, deIines power and holds the component states together in unity with the national state.
G. Scope and Limitation 1. Scope This thesis studied the Iederal structures oI Iour working
constitutions: United States oI America (18 th Century), Canada (19 th Century), Commonwealth oI
Australia (20 th Century), and Federal Republic oI Germany (20 th Century). It analyzed
constitutional similarities and possible diIIerences. Furthermore, this UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 25 study Iocused only on characteristics oI Iederal
constitutions that 1) built up political systems into liberal democracies, and 2) promoted regional
economic growth. It concerned itselI only with Iactors that a) decentralized governmental power, b)
de-concentrated economic Iorces, and c) preserved unity along with sovereignty and territorial
integrity. This study used a qualitative survey oI constitutions oI diIIerent countries. It searched Ior
good mechanisms that Iostered liberal democracy and regional economic growth. By doing so, it
helped provide an unprejudiced basis or a test Ior Iederal principles Ior potential application into the
Philippine political system. 2. Limits This thesis neither surveyed the attitudes oI Filipinos on the
changing oI the Philippine constitution nor a studied Filipino outlook on Iederalism. Also, it was not
an advocacy for or against any oI the proposals circulated Ior charter change in the Philippines. It
rather aimed at an objective study oI the theory oI Iederal states and an inquiry on its applicability to
the Republic oI the Philippines. In the conduct oI the study, the researcher did not consider any other
Iederal state or country other than the ones listed above. In examining the constitutions oI the above

mentioned constitutions, an authorized English translation oI the German Constitution was used. H.
Hypothesis In the conduct oI this study the researcher took into account the Iollowing hypotheses:
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 26 1. Federal states have proper
mechanisms Ior promoting liberal democracy applicable in the Philippines. 2. Federalization may
have proper methods Ior stimulating equal opportunities Ior regional economic development. 3.
Federalism may be an option Ior preserving national unity, sovereign and territorial integrity. I.
Definition of Terms 1. Concepts of Democracy Autonomy The status oI being able to make and
implement decisions without having to depend on another`s authority or consent. Cultural
Idiosyncrasies Unique manner oI habits and behavior shared by members oI a particular sociopolitical 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 conIlicting set oI
cultural idiosyncrasies. Cultural Accommodation Process oI satisIying the needs and wants as
demanded by the cultural idiosyncrasies oI several groupings oI people within a political system.
Democracy The government system by the peoples' collective political power (Gamer, 2009).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 27 - 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 oI the political power to govern on Iair and Iree elections; the rule oI law;
methods oI division oI or separation oI political powers; and the protection oI basic liberties to liIe,
health, pursuit oI happiness, property, choice, and selI- determination 5 . Nation A large group oI
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 Ilag, and
speaking with one voice to the international community (Gamer, 2009). 2. Concepts of Federalism
Federal System In Elazar`s 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 oI discharging concerns within their respective jurisdictions.
The national state on the other hand has constitutional powers capable oI discharging concerns in
the national level (Watts, 2000). 5 DeIinition adapted Irom both (Locke in Goldie, 2009) and (Zakaria,
1997). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 28 Federal State 'Is one in
which central and regional governments are sovereign, each in its respective sphere, and in which
the actions oI these governments are coordinated (Wheare, 1963). Asymetric Federalism As
described by Tarlton (2006), a Iederal system oI government wherein sub-national state
governments have a certain degree oI divergence, in terms oI purposes and goals, away Irom those
oI the national state and the other sub-national state governments. Symmetric Federalism A Iederal
system oI government wherein sub-national state governments have a certain degree to have
similarities, in terms oI purposes and goals, with that oI the central state and the other sub-national
state governments (Tarlton, 2006). Federalism the belieI in support Ior and the endorsement Ior the
act oI Iorming a Iederation (Burgess, 2006). Federalization The process oI creating a Iederal system
oI government. 3. Concept of Supremacy of the Constitution Supremacy oI the Constitution In a
Iederal state the constitution is the supreme law and any law which is inconsistent with the
provisions oI the constitution is oI no Iorce or eIIect (Tanguay, 1992). 4. Concepts of Division And
Dispersion of Power UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 29 Competent
Jurisdiction Powers exercised by a particular government over speciIic aspects oI liIe oI its
constituents (e.g. business, health, education policies). Decentralization A reallocation oI
constitutional powers of government more so in particular Ior local governments or component state

governments than Ior the central government, considering that there is a set amount oI authority by
the government over the people and the economy (Rodden, 2004). De-concentration A reallocation
oI the capacity to regulate and promote the economy, administrative skills, and access to public
service, more so in particular Ior local governments or component state governments than Ior the
central government. 6 Territorial Jurisdiction Powers exercised by a particular government over a
deIined territory. 5. Concepts of the Unitary System Unitary System A system wherein, 'local
government can only be an intra- sovereign subdivision oI one sovereign nation. It cannot be an
imperium in imperio` (Bernas, 2003). - As deIined 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 deIinition applied to the
economy and adapted Irom the deIinition oI decentralization, as cited above. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 30 government has the discretion to grant and
distribute some oI its powers to several local governments which are spread geographically and
which are under jurisdiction oI 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. A unitary state may be centralized or decentralized. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 31 CHAPTER II REVIEW OF RELATED LITERATURE A.
Foreign Literature 1. Federalism and State Building The study oI Iederalism necessitates a multi-lens
approach that looks into the internal structure oI such a political system. The political system has
many component parts. Federalism as a means oI molding a political system within the boundaries
oI a given country must contain intrinsic characteristics that allow it to perIorm the task it was
adopted Ior. Political analists and researchers have directed eIIorts to the study oI brining about a
modern state. A state capable oI Iacing the problems that threaten civilized society, promoting the
well being oI the people, and protecting the rights oI citizens. Contemporary political theories and
reaserch Iindings discuss various method included among them is how Iederalism could aIIect the
building or remodelling oI a nation state`s system. Ghani, Lockhart, and Carnahan in their 2006
paper discovered threats to the stability oI states, and posited solutions to such problems. A much
earlier work by Li (2002) pointed out the source and a possible soulution Ior state Iragmentation.
Wagner (2005) and Rodden (2004) used two diIIerent approaches on exploring how Iederalism
directs or handles the distribution oI power Irom the center oI the nation state`s government to its`
periphery. Lastly, Jaeger (2002) analyzed the interaction oI pure modern applications oI government
by using a UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 32 systematic lens to
observe Iederal system and presidential system Iunctions in a world where the use oI electronic
access to government is Iast growing. The state being the political maniIestation oI society and the
government which is its means oI controlling power must be structured in such a way as to ensure
security. Among such research on state-building is collaborative work by AshraI Ghani, Clare
Lockhart, and Michael Carnahan (2006). These authors attribute the Iall oI states and governments
to 1) inability to enIorce dominion in terms oI duties and maintaining jurisdiction, 2) dispersion oI
authority agencies Irom 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 Ior the purpose oI suppressing rebellion and opposition. As a means oI
correcting such tendencies Ior Iailure, the study adds a conversion oI components within the
sociopolitical system. These conversions include establishment oI a system where the Iollowing
characteristics are present: 1. 'Legitimate monopoly on the means oI violence; 2. Administrative
control; 3. Management oI public Iinances; 4. Investment in human capital; 5. Delineation oI

citizenship rights and duties; 6. Provision oI inIrastructure services; 7. Formation oI the market; 8.
Management oI the state`s assets(including the environment, natural resources, and cultural
assets); UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 33 9. International relations
(including entering into international contracts and public borrowing); 10. Rule oI law (Ghani,
Lockhart and Cranahan, 2006) It is important to note that current situations in the Philippines match
with the reasons Ior state Iailure listed by the preceding authors. Among these were the Iirst, third
and Iourth reasons cited above. Hence there is the necessity Ior change in the Philippine system. In
addition to, the second reason Ior state Iailure, which is dispersion oI authorities and government
agencies, is a possible result oI mismanaged decentralization or centralization in the Philippine
unitary system. Thus it is important that the change be guided as to avoid the rise oI another
problem Ior the political system. In this paper, Wagner made an expository analysis explaining and
detailing Vincent Ostrom`s works that lead to the development oI a Iramework Ior conceptualizing
the development oI a good government via Iederalism. According to Wagner (2005), Ostrom`s model
Ior the making oI a good government requires the balanced use oI two related activities. One oI
these is the use oI 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 iI a chosen Iorm oI government can improve or hinder certain operations or activities within
the system. This is important to this thesis since it posits a Iramework Ior the study oI Iederalism as
can be applied in the Philippine context. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 34 Ostrom`s Iramework begins by assuming that selI-governance is the right option within the
social system. From this, he proceeds to argue that those Iactors and process that promote selIgovernance which are: polycentrism, Iree markets, and decentralization lead to a good government
structure. These Iactors and processes combined make up a democratic government that is Iederal
in nature (Wagner, 2005). With this Iramework, Ostrom has developed an evolutionary process
guided by democratic principles that undergo Iederalist processes thereby leading to good
government. This is an important Iactor as a guiding principle against the possible replay oI cases oI
malIunction in some states that were clad with Iederal political systems. Another approach to good
governance is by the use oI or development oI proper instruments oI measurement. Jonathan
Rodden has made a masterIul research on methodologies regarding degrees oI Iederalism and
decentralization. It is important to note that Rodden separates Iederalism Irom decentralization as
diIIerent concepts however seemingly complementary they are. Rodden`s research also categorizes
three modes oI decentralization: Iiscal, policy and political. Methodologies studied, incorporated and
proposed by Rodden were analyzed to speciIically target all Iour concepts oI Iiscal decentralization,
policy decentralization, and political decentralization, and Iederalism. Methodologies included proper
sources oI data, measurement and considerations oI application. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 35 Fiscal decentralization data, according to Rodden, Iirst starts with
Iinance statistics such as those Irom the International Monetary Fund data. Yet Rodden argues that
such data is not enough as to observe deep analysis oI government spending decentralization. To
this he proposed a modiIication oI data sets by locating 'the regulatory Iramework Ior sub-national
Iinance (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 country`s authority regarding several
aspects oI policymaking and administration is placed in the hands oI 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 Irom the center. Lastly, Rodden measures Iederalism not by
simply the location oI power or the actual distribution oI power, rather, he argues on the context oI

covenants. According to Rodden, Iederalism has its etymologic roots in the Latin word foedus, which
translates to covenant. This applies signiIicantly on the understanding oI Iederalism. It deepens the
meaning as to actual autonomy oI the composite states oI a Iederal system. Hence, according to
Rodden, it is the arrangements oI 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. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 36 Such proposals by
Rodden support the thesis that the constitution oI a Iederal political system is a good start in
discovering the dynamic processes that make such a system work. Additionally, Rodden points out
the Iollowing beneIit Irom the application oI a properly structured Iederal system: government
accountability and saIeguards 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 Iollowing pitIalls that the Iederal system when abused can lead to. First is that Iederalism can
block the shares oI growth and beneIits Irom the national level due to excess misrepresentation
between the various sectors oI the territory. Another is an extension oI the Iirst, that the division oI
power between national and local authorities can cause a hindrance to national economic planning.
These application theories are grim reminders oI what this thesis must consider in analyzing the
changing oI the Philippine constitution into a Iederal system oI 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 oI the political system the constitution could
cause drastic Ieedbacks that can be insigniIicant changes or more governmental problems or worse
a Iailure oI the state. Several studies cited above promote a movement Irom centralism towards a
dispersion oI authority into the hands oI component states. This way leads to the duality oI
consolidation and Iragmentation oI power (Hooghe and Marks, UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 37 2003). According to Elazar, Iederalism is a way oI promoting
consolidation oI power even iI the population is diversiIied (Watts, 2000). Yet Iederalism in process
distributes power into vertical levels and in spread oI area. Thus Iederalism has two seemingly
incompatible components that must be used in harmony Ior a healthy Iormation oI a political system.
Lisbet Hooghe and Gary Marks have made a study on ways to disperse the power oI the state while
preserving the Iunctionality and integrity oI the system. According to their Iindings, the
rearrangement oI 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 oI solving this dilemma.
These were Type I and Type II governance. Both oI which are characterized by how they have been
organized to address speciIic issues raised by both authors. Their types oI governance are guided
by the Iollowing 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 Iunctionally speciIic? 3. Should jurisdictions be limited in number, or
should they proliIerate? 4. Should jurisdictions be designed to last, or should they be Iluid? (Hooghe
and Marks, 2003). These two researcher`s Type I governance strictly Iollow the Iirst options in each
question, while Type II contains characteristics that have the second UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 38 option to each oI the questions above. However that both
authors used such typology with a Iocus on Iederal governments, both types apply to Iederal and
unitary structures. Since dispersion oI powers apply to both in terms oI decentralization. What is
signiIicant with this study by Hooghe and Marks adds to the literature oI Iinding ways oI building a
good government Ior the unique situations that pervade in the socio-political system oI a given
country. In conjunction with the study oI politics as a science oI power and government, state

Iormation and government restructuring must have proper educated guidelines. This is to ensure a
lasting and Iunctioning government that can provide Ior the beneIit oI the people. Another important
concern oI the political scientist is to guard the state Irom the phenomenon oI state Iragmentation.
State Iragmentation is a danger to both territorial and sovereign integrity within a given country. Jieli
Li traces historical events in speciIic cases to Iind causes and saIeguards against such a threat.
According to Skocpol`s concept oI state autonomy, both the state and social groups within the
territory can have opposing concerns (Li, 2002). To this, Li juxtaposed Tilly`s 1993 argument that
'revolutionary situations lead to particular cases oI state Iragmentation in order to analyze situations
in Russia, Yugoslavia, Iran and China. Li`s research applies also to the Philippine situation since
conIlict in the Muslim areas oI the Philippines may also lead to secession. Li argues though that
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 39 groups calling Ior cession are
simply the part oI the process oI state Iragmentation 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 oI the central state. Next is the
connection oI the territorial strategic position oI the central state, and its ability to manage resources.
Finally, there is the connection oI the quantity and kind oI resources, and the degree oI the capacity
oI the central state to enIorce its will within the territory. As Iederalism has been an innovation in the
art oI government, Electronic Access to Government hereaIter reIerred to as E-government is
another design Ior the purpose oI easy access oI the people to the government and its services.
Jaeger`s study, published in 2002, examined dynamics between E-government practices and the
main guiding principles oI the American constitution. According to the study by Jaeger, Egovernment pertained to '24-hr access to government services, inIormation, goods, beneIits, and
activities, bridging the elements oI the government together through one portal. This system,
however useIul as it may be, pose possible conIlicts to two Iundamental principles oI the United
States constitution. These two principles are 1) the principle oI separation oI powers and 2) the
principle oI Iederalism. Jaeger iterates both principles as principles that separate powers, in contrast,
E-government is a uniting Iactor, bringing together what has been separated into union Ior easy
access to the people. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 40 Egovernment is a policy Irom the center. It creates legal relationships between the Iederal government
and the component states. One example provided by Jaeger was with the OIIice oI Management
and Budget. In the scenario, E-government provided better means Ior 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 Iederal government. Such situation, Jaeger notes,
places the component states under liability to the Iederal government created by E-government
system. The same study noted other problems with data integration which could threaten the
individuality oI laws within the each states` or localities` jurisdiction. From Jaeger`s study it is
important to note two aspects important to this thesis. First, that Federal policy aIIects government
bureaucracy especially on how they could become more eIIicient or more prone to legal squabbles
oI 'liabilities, and that the same bureaucracy have signiIicant dynamics that have implications to the
basic law oI the state. One way oI achieving good government is by having a more eIIicient delivery
oI goods and services or a means Ior citizens to access such goods and services. As Jaeger has
illustrated Iederal systems can have positive and at the same time constraining eIIects to
policymaking, even Ior the purpose oI eIIicient public service. Second is that states and localities in a
Iederal system are not characterized simply by having been categorized by the Iederal government.
These states and localities have individual traits shared among its constituents that are governed by
laws designed UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 41 to meet the

customs and traditions or, iI not simply the values shared within a speciIic state`s 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 liIe, 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 oI government in a given system. But as all tools must be used Ior the common good, so
must Iederalism. As stated by Elazar, Iederalism can help accommodate dissident groups or areas
that pose a threat to the integrity oI sovereignty and territory. On the other hand, in a case study by
J. Isawa Elaigwu over state building in one oI the AIrican Nations, he depicted a grim abuse oI the
Ilexibility oI Iederalism. This study published in 2003 in Publius narrates how the Iederal system oI
government in Nigeria was able to accommodate the unique political concept oI Islam. Nigeria
adopted such a system to as a means oI aggressive sub- nationalism between Christian and Muslim
groups. The author Elaigwu has described the society oI Nigeria as having a high level oI religious
tolerance and as the government history oI Nigeria unIolded Irom the 1800s` to the 1900`s, Muslim
religious contexts on law and justice were eventually incorporated into the constitution. These
include the pervading Iorce oI Sharia and the implementation oI Zakkat over Islamic personal
matters (Elaigwu, 2003). In contrast to the Philippine unitary system wherein the whole oI the
Philippines is UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 42 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 Ior upper courts, Sharia court oI appeal, and even a
Supreme Sharia in ZamIara (Elaigwu, 2003). Eventually problems occur. Systemically the change
created Ieedback in the society in addition to the results oI actually having the implementation oI a
Sharia law in such an extensive manner. Immediate opposition arises Irom Christian groups. Quoting
Elaigwu, 'Christians were not expected to be taken to Sharia courts yet there were indirect eIIects to
the same such as 'closure oI hotels, bans on the sale oI alcohol and discrimination in contract
awards and in permit licenses. Aside Irom opposition, there were other issues on the
implementation oI Sharia. These issues include severity oI punishments in the Sharia penal code,
and gender issue in the administration oI justice. Punishments in the Nigerian Sharia penal code
included the 'decapitation, amputation and stoning to death. The legal system also has a tendency
Ior harsh punishment Ior women under trial with adultery and yet men escape punishment Ior lack oI
evidence and technicalities (Elaigwu, 2003). The case study oI Elaigwu reminds a very important
Iact Ior the Philippine project oI constitutional revision. There is a proper extent Ior accommodation
oI ethnic, cultural, and religious groups. Proper saIeguards must be established to maintain balance
in the adoption oI policies. These policies not only aIIect single UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 43 individuals but a great number oI people. The Ilexibility oI the
Iederal system must be able to accommodate and yet at the same time must retain the capacity oI a
political system which is responsible Ior guiding and molding the nation into a stable state that
promotes true justice and human rights. Ronald L. Watts contributed to the Publius compilation oI
essays in memory oI Daniel Elazar with a tributary exposition oI the great political scientist`s works.
Elazar was a great political comparativist who has specialized on the study oI Iederal political
systems around the globe. He was the Iounder oI the Center Ior the Study oI Federalism, a valuable
member oI both the International Association oI Centers Ior Federalism, and oI the Forum oI
Federations. In this research essay, aside Irom making a historiography oI Elazar`s
accomplishments in establishing research institutions on comparative Iederalism, Watts also made a
discourse on Elazar`s Comparative Federalism. By doing so, Watts was able to create a panorama
on Elazar`s theories on Iederalism. Elazar is attributed with the argument oI Iederations as

covenants oI various autonomies ruling their own jurisdictions alongside with a collective power oI
administration. From this he is also credited Ior observations in the variations in which
decentralizations can occur in Iederal systems (Watts, 2000). Hence Iederal systems do not
immediately entail decentralization. It simply creates a situation Ior Iurther decentralization by
recognizing the individuality oI states. According to Watts, comparisons by Elazar pointed out
variations in the manner oI decentralization oI power between Iederal countries. Hence
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 44 decentralization or the extent oI
it does not actually deIine Iederalism. Rather it is the presence oI sub-states and central states.
These sub-states and central states compose the true selI-rule and collective rule respectively in the
ideas oI Elazar. Another concept that Elazar put Iorward is the application oI Iederal Ilexibility upon
issues oI civil conIlict or internal threat leading to possible breakdown oI state or cession. According
to Elazar, the use oI Iederalism can lead to conIlict resolution and the possibility oI eventual concord.
This is a useIul theory in application to the Philippine situation and the objective oI creating a stable
peace in Muslim Mindanao. The study by Elazar proposed not simply Iederation but also
conIederation as a solution to ethnic conIlict. Based on several cases though, both in the
observations oI Elazar and Watts, either Iederations or conIederations have both diIIiculties and
successes in the containment oI peace. Thus in application, the theory oI Elazar on the capacity oI
Iederal and conIederated states to resolve civil ethnic aggression within the polity oI system is
relative to particular situations and contexts. Such is a signiIicant lesson Ior this thesis and Ior the
Philippine government. The Iederal theory does not easily apply universally; hence the distinctive
characteristics oI particular successes must be discovered as an aid in applying a Iederal system oI
government to a speciIic country, or else change might not actually lead towards the desired result.
3. Federalism and Political Economy The basic economic theory on Iederalism lies on the
assumption that Iederal political systems lead to a better economy. This concept has been
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 45 practiced and has brought about
the blessings oI national wealth to some countries able to harness its Iull potential. Political Economy
researchers Rodden and Wibbels (2002) and more recently Brueckner (2006) used both quantitative
and qualitative analysis to test Iederalism eIIect on Iederalism. Both oI which removed the
Iederalism-decentralization dichotomy. What Rodden and Wibbels called the 'Iiction oI Iederalism is
that simply decentralizing is not Iederalism. Rather there are other compoenets oI
unique to Iederalism 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 oI Iederal inIluence over the economy in a
given political system. Brueckner took into account various models and empirical
Iindings Irom several works, including among others, those oI Alesina and Spoalore
(1997), Oates (1972), Tiebout (1956). From these Iindings he tested several
Iormulas that compared and explained the relationship oI several Iactors that lead
to better opportunities oI economic growth under two circumstances: Iederal system
and unitary system. Brueckner`s method tested the idea that national-local level
shiIting oI government expenditure regarding the provision oI public goods has an
eIIect on economic growth. It is Iurther assessed that such eIIect is more positive on
the economy in a Iederal system. Such a

IIect is attributed to the Iact that the transIer oI government expenditures in a


Iederal system provides a situation UNIVERSITY OF SANTO TOMAS GRADUATE

SCHOOL PAGE 46 wherein public goods provided are adapted to the varying wants oI constituents.
This extends the economic theory oI Iederalism into the theory oI Iederalism as a Ilexible system oI
government that can adapt to heterogeneous cultures, ethnicities and religious backgrounds. The
same diIIerences such backgrounds dictate upon individual consumers and/or consumer groups,
their preIerences in turn have an eIIect on the economy oI the nation as a whole. Cultural, ethnic and
religious backgrounds aside, Brueckner also adds the Iollowing Iactors as that lead to the Iederal
system`s successIul economic operation: First are savings made possible by government provision
oI public goods. Second is the jurisdiction over taxation which is the resource oI the government in
the provision oI public goods. Last is the jurisdiction over the provision oI public good provided by
the government to its constituents (Brueckner, 2006). Jurisdictions in the last two Iactors are clearly
delineated in the vertical or areal distribution oI government authority. Brueckner introduced in his
study that the preIerential backgrounds oI constituents and the jurisdictions oI governments over the
economy in a political system are both temporal and areal. Temporal jurisdiction involves human
development Irom youth to adulthood which shapes preIerences. Areal jurisdiction is dependent on
location which uniIies by proximity oI residence, business location, or the backgrounds oI member
individuals and groups. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 47 The
study by Brueckner, however vastly technical in terms oI mathematics, yields great insight Ior the
student oI Iederalism by having discovered hidden Iactors within the mechanism oI Iederal political
systems. It lends guidance to this thesis by the goal that devices that make a Iederal system
successIul in local ethnic peacekeeping, and promotion oI proportional regional economic
development must be discovered. Aside Irom these, based on Iindings Irom other literature in the
Iield oI comparative Iederalism such as Elaigwu, Jaeger, Li and Watts discussed above, as they
describe possible negative Ieedback with a mismanaged Iederal system application the goal oI
searching Ior saIeguards incorporated into the structure oI a Iederation must also be discovered.
Federalism as a political-economic theory traces its roots to the times oI Madison, Jay and Hamilton
in writing the Federalist Papers. Although applications oI the theory eventually end up with
modiIications. Having a Iederal system oI 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 'Iiction oI Iederalism based on the data that there are great diIIerences on
economic perIormance oI Iederal countries. Their study classiIied six hypotheses into three
macroeconomic aspects in Iederalism. These aspects oI management in Iederalism
were: 1) Fiscal Federalism, 2) Political Federalism, and 3) Jurisdiction Structure. The
topics the hypotheses Iocused on were on the increase oI, decrease oI, and control
over UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 48 deIicits, inIlation
and expenditures. The hypotheses tested in the study were worded as Iollows: H1)
'A Iederation`s capacity to control deIicits and inIlation declines as levels oI
expenditure decentralization increase. H2) A Iederation`s capacity to control
deIicits and inIlation declines as levels oI vertical Iiscal imbalance increase. H3) The
eIIects oI expenditure decentralization (H1) and vertical Iiscal imbalance (H2) are
conditioned on one another. H4) A Iederation`s capacity to control deIicits and
inIlation increases when political parties create incentives Ior cooperation between
the center and provinces. H5) A Iederation`s capacity to control deIicits and inIlation
decreases with the share oI total provincial expenditure carried out by the largest
province. H6) A Iederation`s capacity to control deIicits and inIlation decreases as
the number oI provinces increases (Rodden and Wibbels, 2002) AIter statistical

tests on the variables, Rodden and Wibbels Iound varying results among each oI the
hypotheses. It is signiIicant to observe that these two authors concluded: 'other things being equal,
increased decentralization oI expenditures in Iederations is associated with lower deIicits and
inIlation. In addition to this, both authors Iound that the relationships between governments have
inIluence over economies oI Iederal systems. This study by Rodden and Wibbels adds to the
argument Ior systematic checks Ior the planning oI a Iederal system. Simply adopting Iederal
systems or simply decentralizing power is not enough. The study points out that the relationships oI
components in political systems have eIIects on the economy. Thus the mechanism that provides or
controls such relationships must also be checked Ior better state planning. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 49 B. Local Literature 1. Federalism and the Philippine
Situation The Philippine socio-political system has had problems similar to those discussed by
Ghani, Lockhart and Cranahan at the beginning oI this chapter. These problems that threaten to
destabilize the state include the state`s loss oI legitimate monopoly on the means oI violence (as
evidenced by use oI violence by insurgent groups), inadequate administrative control in the
peripheral regions, the need Ior eIIicient management oI public Iinances, and the need Ior
development and investment in human capital. Philippine scholars such as Arizala (2005), Abueva
(2001), and Quimpo (2001) conducted researches either speciIically on the problem and its roots or
delved into the merits oI the currently proposed solution. Both Arizala and Abueva directed their
knowledge on constitutional principles to analyze the use oI Iederalism 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 Quimpo`s Iindings is that
Iederalization is an applicable solution in diIIusing the armed conIlict in the Philippine south through
a political system that accomodates their socio-political culture. Attorney and Iormer Philippine
ambassador RodolIo A. Arizala wrote an article Ior 'The Lawyer`s Review. In this article, Atty. Arizala
traced historical inIluences into the Iormation oI the Philippine Bicameral, Presidential, Unitary
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 50 system oI government.
Although, he Iocused more on the bicameral - unicameral and presidential - parliamentary change,
he still made an adequate discussion on Iederalism. He made a citation on antecedents Ior
Iederalism, a list oI countries with Iederal governments and classiIying them between 'Federal
Republics and 'Democratic Federal State Systems. Despite Iailing to discuss the substantive
diIIerence, iI any Ior such a distinction between Iederal systems oI government. In addition to this,
Arizala also commented on cultural similarities between the Americans and the Swiss, both oI which
have Iederal Iorms oI government. Atty. Arizala`s scholarly essay though was ambiguous with his
support Ior the Philippine adoption oI a Iederal system oI government. However, he provided caution
as to the possibility oI change since the Swiss and the Americans had to undergo a lengthy and hard
experience beIore being able to make such a government work. But in general, Atty. Arizala opposed
the policy oI changing the constitution Ior the purpose oI dealing with current problems because oI
historic examples in the evolution oI the Philippine constitution. In comparison, ProIessor Jose V.
Abueva, President oI the Philippine Political Science Association, Iervently supported the concept oI
Philippine Iederalism. In an article published in the Journal oI the Integrated Bar oI the Philippines,
he itemized several rationales Ior such a plan. These rationales though were listed as a set oI
several hypotheses on what advantages the Iederal system could give the Philippines. These
included promotion oI democracy, local responsiveness, people empowerment, territorial
consolidation, and strengthening UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 51
oI the nation-state. From these hypotheses, Abueva proceeds to discuss theoretical applications oI
the parliamentary system, and then promotes a 'draIt constitution Ior a Federal Republic oI the

Philippines. Still, such advantages posited by Abueva remain as hypothesis until 1) the plan actually
is implemented and the Philippines practices Iederalism Ior several years enough to gain results,
and 2) studies can be made Ior the Philippine`s suitability Ior a Iederal system oI government. This
thesis takes on the responsibility oI the second step. By studying constitutions oI successIul
countries, the Philippines can learn and adopt the Iruits oI such experienced countries and have a
new constitution made to adapt to its problems. Focusing on the Moro insurgency problem that has
Ior years persisted in the Mindanao area oI the Philippines, Nathan Gilbert Quimpo (2001) has
explored solutions posited in an article published in Asian Survev. 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
oI such hostilities. Here he attributed the hostilities in Mindanao to the diIIerences between Christian
and Muslim culture, religion and perspective on government. This situation he Iurther avers
escalates to the level oI the nation-state. According to Quimpo, the Muslims resent being placed
under the authority oI state whose power mainly comes Irom the majority oI its populace, a populace
which is composed by a majority oI Christians. This situation UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 52 overwhelms the political system and suppresses the Muslim people
within the system. Hence the armed conIlict 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 Iollowing options Ior Moro selI-governance: a) secession, b) accommodating the
idea oI an Islamic state or System, c) regional autonomy, and d) Iederalism. Secession is not really a
viable option since it threatens the integrity oI 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 oI Ireedom is not
the proper solution. As Quimpo has posited, being placed under a Muslim majority government is the
root oI the hostilities. Hence the solution must be one that accommodates such as solution.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 53 CHAPTER III RESEARCH
METHODOLOGY A P P L I C A T I O N T H E O R Y S I M I L A R I T I E S United States oI America
Canada Commonwealth oI Australia Federal Republic oI Germany Figure 3. Research Design
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 54 Method This study underwent
two stages oI qualitative content analysis oI Iour Iederal constitutions. Namely those constitutions
are oI (1) the United States oI America, (2) Canada, (3) Australia, and (4) Germany. On the Iirst
stage, these constitutions were evaluated comparatively to seek the commonality oI provisions on
(a) decentralization oI political power and (b) de-concentration oI economic Iorces and administrative
skills. Through this method, the researcher was able to consolidate both Iirsthand and substantive
data on developing a theory oI Iederalism. The second stage evaluated how the two elements oI
theory in the Iirst stage became antecedents respectively leading to processes and applications oI
(a) liberalization oI democracy, (b) creation oI opportunities Ior regional economic development, and
(c) national unity, sovereign and territorial integrity. Through this method, the researcher was able to
analyze how to apply Iederalism to the Philippine Republic. Sampling This thesis studied only the
constitutions oI Iour states oI Iederal countries. These states are the United States oI America,
Canada, Australia, and Germany. These samples have been chosen Ior their successes in the
Iederal system experience. Also these states combined represent the continents oI North America,
Europe and Australia, which creates a diversiIied manner oI data collection. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 55 Design The research design utilized Ior
comparative qualitative method was the 'Most Similar research design (Burnham, 2004). It has been
patterned aIter John Stuart Mill`s Inductive Method oI Reasoning (Method oI Agreement). This is

supplemented by the constitional-structutralist research method oI Zachary Elkins, 7 Tom Ginsburg,


8 and James Melton 9 oI the Comparative Constitutions Profect (University oI Illinois). The model
constitutions were studied and data on similar provisions were observed. The signiIicance oI
provisions was based on the two antecedents oI (1) decentralized constitutional powers oI
government, and (2) de-concentrated economic Iorces and administrative skills. These consolidated
provisions were juxtaposed with descriptive inIormation on processes and practices Irom each
country. In application, since political, territorial, socio-cultural, and economic beneIits were
correlated Irom the two antecedents, they also became a set oI theory for the grounded application
oI Iederal principles as antecedents to desired results oI: (a) liberalization oI democracy, (b) creation
oI opportunities oI regional economic development, and (c) preservation oI national unity alongside
sovereign and territorial integrity (See Figure 3). Data Gathering 7 Department oI Political Science
University oI Illinois 8 College oI Law and Department oI Political Science University oI Illinois 9
Department oI Political Science University oI Illinois UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 56 Raw data was observed Irom the above mentioned constitutions regarding the
Iollowing content: 1) Apparent provisions that delegated powers oI the national state government. 2)
Apparent provisions that delegated powers oI 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 oI processes and practices in each country
through secondary sources Irom written and seminar presented works on the model Iederal
countries. Data Categorization Gathered data was categorized in the Iollowing scheme: 1. Theory a.
Liberalization oI democracy in the model constitutions through decentralization oI constitutional
powers oI government and administration. b. Creation oI opportunities Ior regional economic
development in the model constitutions through de-concentration oI economic Iorces and
administrative skills. 2. Application a. Liberalization oI Democracy in the Philippines through Iederal
decentralization oI constitutional powers oI government and administration. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 57 b. Creation oI opportunities Ior Regional Economic
Development in the Philippines through Iederal de-concentration oI economic Iorces and
administrative skills. c. Preservation oI national unity, sovereign and territorial integrity in the
Philippines. Analysis The data Irom the Iour constitutions were evaluated by taking into account
processes oI two important Iactors. First is on how provisions on decentralization oI constitutional
powers oI government lead to liberalization oI democracy. Second is on how the de-concentration oI
economic Iorces leads to the creation oI opportunities Ior regional economic development. Through
this analysis, a theory was Iormed that can be applied to the Republic oI the Philippines regarding
the status oI democracy and regional economic development. In addition to this, the researcher
analyzed the possibility oI a by-product between the two processes. This is the preservation oI
national unity, sovereign and territorial integrity in the Philippines. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 58 CHAPTER IV DATA PRESENTATION AND ANALYSIS A. The
Seven Essential Features of a Federal Political System: Through an analysis oI the written
constitutions oI the Iour countries, the similarities yielded results which this research stipulates as
the seven essential Ieatures oI a good, working Iederal political system. Together, these seven
essential Ieatures constitute a Federal Convention (Tanguay, 1979), a set oI guiding principles
inherent in the constitutions (convention, covenant) oI model Iederal countries. These characteristics
are as Iollows: 1st Essential Feature: Two levels of government existing in their own right under, one
constitution. The written constitutions oI U.S. (1776), Canada (1867), Australia (1901), and Germany
(1949), are each a sovereign state. Each oI these Iederal countries are composed oI regional
governments called states (United States and Australia), provinces (Canada), or lnder (Germany).

These states are uniIied into one single Iederal state by a single Constitution. Each oI these levels oI
government (Iederal/national and regional) have competent powers to rule within their respective
territories. Such powers will be Iurther discussed in the 2 nd Essential Feature (Ior the
Federal/Central Government) and the 3 rd Essential Feature (Ior the Component State UNIVERSITY
OF SANTO TOMAS GRADUATE SCHOOL PAGE 59 Government). What is most signiIicant in this
Ioremost Ieature is the recognition oI existence and its resulting beneIit within the system. The
constitutions oI these countries name regional divisions as individual states, individual provinces, or
individual lnder that compose the unity oI the Federation and delineate means on how each state
can participate in national and local levels oI 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 eIIect grants the right oI their respective governments to rule within their area oI
jurisdiction. The Constitution oI the United States oI America lists the member states which were
present at its ratiIication. It also provides a means Ior 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 oI Representatives) is composed oI Representatives Irom each state, and is
numbered in proportion to each state`s population (Article I. Section 2). The Upper House oI the
legislature (Senate) is composed oI Senators, two (2) Ior each state (Article I. Section 3). The ChieI
Executive (President) is chosen through a set oI Electors representing each oI the states, the
number oI Electors Ior a particular state is equal to the number oI Senators and Representatives
entitled to it in Congress (Article II. Section 1). Comparatively, Section 22 oI the Canadian
Constitution lists the Provinces which compose its Federation. Sections 146 147 are provisions that
compose UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 60 part IX oI the
constitution, and it delineates means Ior the admission oI new provinces. Section 22 classiIied
provinces into Four Divisions, and provided that each division be entitled to 24 Senators each.
Sections 37 40 assigned the number oI House oI Commons Members Ior each oI the provinces. In
the Australian Constitution, Section 26 lists the original states oI the Commonwealth. This same
section apportions the number oI Representatives Ior the Lower House. Section 7, on the other
hand, ensures that the number oI Senators should always be equal even iI the numbers are
eventually increased by Parliament. The preamble oI 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 oI votes a land is entitled to increases by two/two million inhabitants, by Iour 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 oI votes it is entitled to (Article
51). As evidenced above, recognition creates an environment wherein the multiIarious territories;
each having their own cultural personalities can be happy or content. This is so since they are given
identiIication as existing Constitutional political entities. They have their own government, which is
represented, and can UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 61 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 uniIying Iactor within the Iederation. What
makes this system eIIective is the manner oI choosing the Federal ChieI Executive and the
members oI the Federal Legislatures. In addition to this, the Constitution grants supervisory powers
to these Federal organs oI the government over the entire territory oI the Iederation. These powers
Iurther act as means to consolidate the component states into a cohesive whole. Such

institutionalization oI powers by the Constitution Iurthers unity within a diverse political system. a.
Manner of Choosing the Chief Executive. The ChieI Executive holds the reigns oI administrative
power. As such, he or she must have the conIidence oI the varying component states oI the
Federation. It is through a process oI universal suIIrage, based on the proportion oI the states`
populations, that stability, support, and thus obedience Irom the local governments is secured.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 62 The President oI the United
States oI America is chosen by a group oI Electors, who are citizens appointed by each state
through the direction oI their respective legislatures. The number oI Electors that represent a state
equals the whole number oI Senators and Representatives to which that state is entitled to in
Congress (Article II, Section 1). The Federal President (Head oI State) oI Germany is elected by a
group oI legislators also termed as the Federal Convention (Article 54, Paragraph 1). This
convention consists oI members oI the Bundestag and an equal number oI members elected by the
parliaments oI the lnder on the basis oI proportional representation (Article 54, Paragraph 3). On
the other hand, the Federal Chancellor (Head oI Government) oI Germany is elected by the
Bundestag (Article 63). b. Powers of the Chief Executive The making oI laws requires several minds,
pooling their knowledge, wisdom, and experience together. The execution oI laws requires a single
pair oI hands wielded by one authority. This individual is the ChieI Executive or the Head oI
Government. Having a singular person in charge oI national supervision and administration ensures
unity and Iocused implementation oI policy. The manner oI his/her election as described above
establishes support Irom each oI the regional levels. And the powers ascribed to him/her by the
constitution allows him to ensure justice and Iairness in the throughout the Iederation. UNIVERSITY
OF SANTO TOMAS GRADUATE SCHOOL PAGE 63 The ChieI Executive in each oI the compared
countries exercise the Iollowing powers: approval oI national laws (United States, Article I, Section
7), (Germany, Article 82, Paragraph 1); command oI martial Iorces (United States, Article II, Section
2), (Canada, Section 13), (Australia, Section 68), and (Germany, Article 65a); representing the
Iederation internationally, entering into agreements (treaties) Ior the Iederation (Canada, Section
132), and (Germany, Article 59); appointment oI Judges oI 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 oI the Federal Government, the manner oI apportioning the seats within the
legislative bodies is oI utmost oI importance. Just as election conveys support Ior the chosen
legislator, a system oI Iair and proportional allocation oI representatives Ior each oI 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 oI their unique concerns and idiosyncrasies have
been voiced by their representatives and have been given consideration. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 64 1) The Upper House The upper house oI the legislatures oI
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 oI two (2)
senators Irom each state chosen by that state`s Legislature. The Canadian Senate is composed oI
Senators. In the Constitution, the Senate consists oI Iour Divisions, with each division having twentyIour (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 oI Australia was initially composed oI six (6) Irom
each oI the original states. This system can be changed by Parliament, increasing or decreasing the
number, to ensure an equal number oI representation. However, it is prohibited that no original state
shall have less than six Senators (Section 7). UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 65 2) The Lower House The U.S. (Article I, Section 1) and Australian (Australia,
Section 1) legislative lower houses are both called 'House oI Representatives in Canada (Section
17) it is called the 'House oI Commons, and in Germany it is the 'Bundestag (Article 51). The
House oI Representatives in the U.S. is composed oI representatives who are apportioned
according to the population oI their respective states (Article I, Section 2). The same is true with
Representatives in the Canadian House oI Commons (Canada, Sections 37, 40, 41, 50, 51, 51A,
and 52.), the Australian House oI Representatives (Section 24), and the German Bundestag (Article
51). d. Federal Control over Militia. Certain areas oI liIe under the Iederation are placed within the
powers oI the Iederal legislature instead oI those oI the component states. This general policy takes
into consideration the concerns oI the regions, states, provinces, and lnder who compose the
Federation. Through such measures, uniformity, order, fairness and unity is achieved and ensured.
The Rule oI Law again is made ever present through its guidance over general state aIIairs
partnered with equalization oI opportunities through certain measures oI Iederal intervention. Without
this, there will be a potential Ior chaos in the political, social and economic systems. This is so
because the lack or absence oI Iederal intervention leads to imbalance in the scheme oI allotted
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 66 chances oI 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 Iorm
oI monitoring or control Irom the Iederal government. The Iollowing discussions discuss the most
prominent and common powers granted to the Iederal government by the constitutions oI the Iour
countries. The basis to establish and maintain an armed Iorce comes Irom Iederal legislation. The
use oI Iorce is important to remain within the hands oI the Iederation, not within the component
states. This holds true to all Iour 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). II the component states gain the power to have militia, then the
balance and unity oI the Iederation can be threatened. The particular constitutions oI the United
States and the Commonwealth oI Australia even go as Iar as prohibiting the states to have troops or
create and support any military or naval Iorce without the consent oI their respective Iederal
legislatures (United States, Article I, Section 10, Paragraph 3), (Australia, Section 114). e. Federal
Taxation Power. In each oI the Iour written constitutions studied, all Iour have provisions regarding a
certain degree oI taxation power reserved Ior the Federal Government. This is to ensure a source oI
revenue Iund Ior the general use or liIeblood` oI the UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 67 Federal Government. It also Iunctions as a resource pool Ior the general welIare
or aid resource Ior the member states when needed. Among the Iour 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 oI Consolidated Revenue Funds to equalize their system. On the other hand,
United States and Australia both have general provisions that prohibit certain policy actions Irom the
legislatures oI states in order to ensure equality and order. Finally, the constitution oI Germany has
guidelines Ior 'concurrent legislative powers (Article 74) and 'joint taxes between the Iederal
government and the lnder (Article 106, Paragraph 3). It is apparent that Iederal political systems
contain provisions that allow Ior Iederal intervention that can equalize the socio-economic arena, and
grant true opportunities Ior states not suitably equipped to pursue development goals. This is what

makes the Iour 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 oI 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 reIerence in the U.S. Constitution expressly states that such
measure is Ior the purpose oI uniIormity, and in Australia |Section 51, Subsection UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 68 (ii)| such measure is to regulate against
discrimination between states or parts oI states. In contrast, the German Constitution (Article 105,
Paragraph 1) grants to the Federation exclusive legislative power oI taxation only over customs
duties and fiscal monopolies. Paragraph 2a oI Article 28 grants the lnder power to legislate
regarding taxes on consumption and expenditures 'as long and insoIar as they are not substantially
similar to taxes imposed by Iederal law (Article 28, Paragraph 2a). A Iair system oI taxation is
ensured by having it placed within the set oI powers oI the Iederal legislatures. All Iour 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 oI Congress to
ensure uniIormity. In Canada (Section 91, Subsection 3), 'raising oI money by any mode or system
oI taxation is an exclusive legislative power oI Parliament. However, Section 92, Subsection 2 also
provides the Provincial legislatures powers Ior direct taxation in order to raise their own Iunds Ior
pursuing their needs and goals. In Australia |Section 51, Subsection (ii)|, the power to tax is reserved
Ior the Parliament oI the Commonwealth to regulate against 'discrimination between states or
between parts oI states. However, in Germany (Article 105, Paragraph 1), only customs duties and
Iiscal monopolies are placed within exclusive powers oI the Iederation. The system oI concurrent
powers in the German Constitution UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
69 guide which kinds oI taxes should be legislated over by the Iederation or by the lnder (Ior the
purpose oI equal living conditions, maintenance oI legal or economic unity) (Articles 72, 105, and
106). These provisions in the Iour models serve a three-Iold purpose. The Federal power over
taxation is a means Ior maintaining order and unity in revenue sources. It allocates sources oI Iunds
Ior use by the Federal Government. And Iinally, they are also means Ior helping states, in order to
balance the economic environment, by providing opportunities Ior less able states. f. Federal
Legislative Management over Currency. Currency must be uniIorm throughout the Iederation to
support a proper regulation oI trade and commerce. The Iederal legislatures are responsible Ior the
creation and regulation oI the various Iorms oI 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 government`s borrowing oI money Ior use oI the
public, and hence on the credit and responsibility oI the public, must be made in a Iorum where the
state`s representatives can speak Ior them. In the Iour constitutions, the power to borrow money on
such situation is placed in the hands oI the Iederal legislature (United States, Article I, Section 8,
Paragraph 2), (Canada, Section 92, UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
70 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 Iederation to ensure unity and smooth Ilow oI
administration. Federations are composed oI several states, are usually large in terms oI territory,
and may even have component territories in outlying islands. Hence it is imperative that the Iederal
legislature be able to govern by means oI law making basic means oI 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
oI navigations also Iall under the same jurisdiction oI the Iederation (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 oI a
Iederation has the power to handle aIIairs and dealings with Ioreign powers, nations, and states.
This power is not simply UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 71 an
application oI general policymaking power and administrative power. It is a maniIestation that
regional governments are all parts oI a single whole, and that single whole is the entirety oI the
Iederation. By Iact, the Iederation as a country is which is represented internationally by the national
level government. In administrative application, the constitution oI the U.S. (Article 1, Section 3)
grants the president powers to receive ambassadors, and that oI Canada grants the executive
government powers to perIorm obligations arising Irom treaties with Ioreign countries (Section 132).
In policymaking, the legislatures oI all these countries are speciIically granted powers to regulate
trade with Ioreign countries. The Supreme Courts oI each have jurisdiction over cases aIIecting
treaties and relations with Ioreign political persons. Germany`s case is made unique with the
express constitutional provisions that the lnder may legislate to conclude treaties with Ioreign 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 oI new members into the Iederation 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 Iederal legislatures
(Article IV, Section 3, Paragraph 1). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
72 Germany only diIIers since its Constitution (Article 29, Paragraph 1) instructs on the possible
creation oI new lnder by delimiting pre-existing lnder. In this system, Iederal law creates the
delimitation with respect to 'regional, historical, and cultural ties, economic eIIiciency, and the
requirements oI local and regional planning. This delimitation is then conIirmed by a reIerendum
held among the population oI the aIIected pre-existing lnder (Article 29). In addition to admitting
new states, it is also the Iederal legislature which is in charge Ior the uniIormity oI 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 oI the
rule oI law. The Constitution Iorges the union oI the Iederation. It accomplishes this by having the
existence and powers oI the local governments based on constitutional devolution rather than based
on the whim oI the Iederal government. It is also practiced through the upholding by the Constitution
oI the laws oI the states which compose the Federation. Such recognition oI the identity` oI every
individual local state, province or Land via the instrument oI the law, instead oI those men and
women UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 73 who compose the
National or Federal Government, creates a situation oI equality and respect for autonomy. The
Constitution oI Canada contains several provisions that perIorm such Iunction oI upholding the laws
oI the component states. In Canada, the Constitution preserves pre-Union existing laws, and
compositions oI Provincial OIIices 'until otherwise provided Ior in the Constitution, or until otherwise
altered by Parliament. Such Sections oI the Canadian Constitution include: 'Section 64 constitution

oI the Executive Authority oI Provinces, Section 84 election procedures, Section 88 constitution oI


the Legislature oI each oI the Provinces oI Nova Scotia and New Brunswick, Section 122 customs
and excise laws oI each Province, Section 129 laws in Iorce in Canada, Nova Scotia, or New
Brunswick at the Union, and all courts oI civil and criminal jurisdiction, and all legal commissions,
powers, and authorities, and all oIIicers, judicial, administrative, and ministerial. Section 130 all
oIIicers oI the several Provinces having Duties to discharge in relation to Matters other than those
coming within the Classes oI Subjects by this Act assigned exclusively to the Legislatures oI the
Provinces. In Australia, Chapter V oI the Constitution contains provisions pertaining the composite
states oI the Federal Commonwealth. Sections 106, 107, and 108 begin the Iirst three provisions oI
this chapter. Section 106 preserves pre-existing Constitutions oI the original states or oI eventual
established or admitted states. Section 107 preserves the powers oI original state parliaments or oI
Iuture UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 74 established or admitted
states (unless such powers are vested by the Federal Constitution to the Parliament oI the
Commonwealth). And Section 108 preserves pre-existing state laws (statutes) 'relating to any matter
within the powers oI the Parliament oI the Commonwealth... and until provision is made in that behalI
by the Parliament oI the Commonwealth, the Parliament oI the State shall have such powers oI
alteration and oI repeal in respect oI any such law. Part II oI the German Constitution deIines basic
guidelines Ior the Federation and Ior the lnder. In this part oI the Constitution, Article 28 which
belongs to this part oI the Basic Law is a promise granting 'constitutional order within the lnder
through selI-government; it also ensures that such 'constitutional order is guided by 'principles oI
republican, democratic, and social state governed by the rule of law |boldIace added|. b.
Constitution Recognizes Local Government Right to Land, Assets, and Property. Closely attached
with the concepts oI 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 beIore 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 oI in this Act, subject to the Right oI
Canada to assume any lands or public property required Ior IortiIications or Ior the deIense oI the
country. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 75 The Australian
Constitution mentions in several Sections including Section 85 (TransIer oI state property when
public service is transIerred to the Commonwealth), and Section 98 (Taxation oI property oI
Commonwealth or State) the actual capacity oI states to hold property. In the German Basic Law,
134 (Succession to assets oI previously existing lnder and corporations) and Articles 135
(Succession to Reich assets) delineate the Iact that lnder have rights to properties and Land and
the capacity Ior Iuture/possible allocations oI additional such assets. The American Constitution does
not expressly cover such provisions but Article IV, Section 3, Paragraph 1, which deals with the
possibility oI Iormation or erection oI new states Irom parts oI any oI the current member states,
requires the consent oI the Legislatures oI the involved states Ior a part oI their land (territory) to be
used in such creation oI a new state. Thus it emphasizes territorial property oI the states. Among
these Iour countries, only the Constitution oI Canada (Section 92) provides expressly Ior the powers
oI the Provincial Legislatures to manage and sell public lands belonging to that particular province`s
jurisdiction. Germany (Article 74, Paragraph 1, Subparagraph 15) on the other hand places 'the
transIer oI land, natural resources, and means oI production to public ownership or other
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 76 Iorms oI public enterprise under
concurrent legislative powers 10 between the Federation and the lnder. The capacity to hold land
and property and to sell such land and property Ior proIit that can be used Ior the administration oI

the state, province or land is a mark oI economic power through a constitutionally allocated
resource. As previously discussed above, all Iour written constitutions have items that point to
component states having their own land, property or assets. But with regards to the selling oI such
properties Ior local use, only the Constitution oI Canada has an expressed provision. This right and
capacity oI component states within a Iederation gives them a basic set oI resources to pursue goals
Ior economic development. Land and property are assets that can be used as means oI investment
or as capital by the administrators oI a given state. With such means, the states can choose a path
towards their own economic progress without the necessity oI reliance upon the Iederation. c.
Constitution Grants Local Legislative Power over Natural Resources. Among the Iour Constitutions,
Canada (Section 92A) also expressly provides Ior Provincial rights and powers to 'explore, develop,
conserve, manage, and raise money by any mode oI 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 Ior the establishment oI equal living conditions
throughout the Iederal territory or the maintenance oI legal or economic unity renders Iederal
regulation necessary in the national interest (Germany, Article 72). UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 77 resources, Iorestry resources and electrical energy. In
relation to this, Germany also classiIies 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 oI natural economic resources. Both Canada (Section 95)
and Germany (Article 74) has provisions Ior legislation regarding agriculture. Canada expressly
places agriculture legislations under the hands oI the Provincial legislature. Germany again makes it
a subject oI 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 oI regional
governments to decide and handle policies on education in order to ensure quality and a competitive
drive Ior achievement. The production oI well educated members oI society improves growth and
development Ior the locality, competition between local states to produce higher quality education
extends the beneIits to the entirety oI the Federation. In this respect Canada (Section 93) again
expressly provides Ior Provincial Legislatures to handle education (subject to certain conditions
against prejudice in 11 For provisions on how issues regarding undelegated powers are settled,
please see Matrix 12 in the Appendix (Provisions handling Gray Areas). UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 78 the acceptance oI members oI social denomination).
Germany (Article 74) places such powers over education under concurrent powers. Both the
Constitutions oI the United states oI America and the Commonwealth oI 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 Ior direct
taxation granted to the local level grants states, provinces and lnder is the capacity to Iund policies
and projects in an autonomous manner. This Iurthers the liberality oI the political system and
deconcentration oI the economic system. Among the Iour cases, both Canada and Germany have
expressed constitutional provisions regarding powers oI direct taxation Ior the provinces and lnder
respectively. In Canada, (Section 92, Subsection 2) expressly allows direct taxation Ior revenues oI
Provincial purpose. Subsection 9 oI Section 92 adds powers to legislate by the provinces over
Shops, Saloons, Taverns, Auctioneers, and other Licenses Ior the raising oI revenues Ior use oI that
particular province. Section 92A also adds powers oI taxation to provinces Ior the export Irom one
province to another oI non-renewable natural resources, Iorestry 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)|. UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 79 In Germany, Article 105, paragraph 2a grants the lnder power to make laws
regarding taxes on consumption and expenditures as long as, and 'insoIar as they are not
substantially similar to taxes imposed by a Iederal law. Article 106 paragraph 2, enumerates other
direct sources oI revenue Ior 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 oI Article 106. g. Local 1urisdiction of Courts The power oI 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 oI crimes or oIIences
(except Ior Impeachment United States) shall be held within the state where such crime or oIIence is
committed. This provision ensures that the local laws and the local courts will have competent
powers to adjudicate over the trial oI crimes committed within their territorial jurisdiction. Both the
United States Constitution, Article III, Section 2, Paragraph 3; and Constitution oI the Commonwealth
oI Australia, Article 80, provide that the trial shall be by jury. Thus the judicial system Ior crimes and
oIIenses are ensured to be protected by the principles oI liberal democracy. This is so since justice is
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 80 ensured through the avenue oI a
group oI peers, weighing and judging the merits and Iaults oI the case at hand. 4th Essential
Feature: Allocation of sources of revenue between the two levels of government. Sources oI
revenues as reliant on the powers oI the Iederal and local level oI governments have been
evidenced above in the discussions oI the 2 nd and 3 rd essential Ieatures. Here in the discussion
Ior the 4 th essential Ieature, the method oI allocation characterized by proper regulation and
Iairness oI allocation is emphasized. a. Existence of Consolidated Revenue Funds. Both Australia
and Canada expressly use the term 'Consolidated Revenue Fund, which is a pool oI duties and
revenues collected throughout the Iederation. Its purpose is to ensure a general account Ior the
Iunding oI the public service through the administration oI the Iederal government (Canada, Sections
102 to 106), and (Australia, Section 81). The Constitution oI Canada delineates the charges to the
Consolidated Revenue Fund oI Canada as Iollows. First Charge: Collection, Management and
Receipt oI such Duties and revenues (Section 103). Second Charge: Payment oI the annual
interests oI the public debts oI the provinces (Section 104). Third Charge: Salary oI the Governor
General (Section 105). And the Consolidated UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 81 Revenue Fund is also charged Ior the purpose oI the Canadian Public Service
(subject to several payments) (Section 106). Comparatively, the constitution oI Australia delineates
the charges to the Consolidated Revenue Fund oI Australia as Iollows. First Charge: Collection,
Management and Receipt oI such Duties and revenues (Section 81). The Consolidated Revenue
Fund is also charged Ior: 1. Payment oI interests oI public debts (Section 87 Paragraph 2) or oI
actual public debts oI the states (Australia, Section 105); 2. Salary oI Governor General (Section 3)
and Ministers oI the state (Section 66); and 3. Ior the purposes oI 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 Ior direct taxation by the
provinces or lnder. A system oI direct taxation is the liIeblood Ior governments. Direct taxation is an
immediate source oI income Ior Iinancing local activities. It ensures that the provinces or lnder do
not have to ask or wait Ior Iunds Irom the Iederal government Ior the pursuance oI any action to
develop their locale. The Iinances oI states in U.S. and in Australia come Irom taxes as collected by

the Federal government and apportioned to them. Article I, Section 8 oI the U.S. Constitution places
the power to lay and collect taxes, duties, imposts and excises into the hands oI the United States
Congress. The same provision regulates that all duties, imposts, and excises be the same
throughout the country. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 82
However, direct taxes, according to Article I, Section 3, Paragraph 3, are to be apportioned to the
several states through numeric proportion oI the population oI each state in the same manner as the
number oI House oI Representative members are apportioned. As Ior Australia |Section 51,
Subsection (ii)|, taxation is placed under control oI Parliament to ensure against discrimination
between states or parts oI states. Collection and control oI customs, duties and excises are placed in
the hands oI the Commonwealth Executive Government (Section 86). The same are ensured to be
uniIorm throughout the commonwealth within two years aIter the establishment oI the
Commonwealth through constitutional provisions (Section 88). Chapter IV (Finance and Trade) oI
the Australian constitution (Sections 81 82) ensures the proper allocation oI revenue through the
consolidated revenue Iund, and through other provisions ensuring equal treatment and Iunding oI
states (Sections 81 105A.). In Germany (Article 105, Paragraph 1 and 2; and Article 106, Paragraph
1), the constitution lists exclusive legislative powers oI taxation which are Ior the Federation, and Ior
the lnder; it also has a provision guiding concurrent subjects Ior tax legislation. It is most important
to note Paragraph 1 oI Article 107 which guides Ior the creation oI a Iederal law to regulate
corporation and wage taxes which allots shares among the lnder. This same Iederal law created
through this Constitutional provision bestows supplementary shares 13 to lnder whose income 13
Not exceeding one quarter oI a standard Land share oI such a revenue. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 83 and corporation taxes are below the average oI 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 Iinancial
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 Iour written constitutions studied, United States, Canada, and Germany
each have statements that aIIirm the unity or union oI the localities (states, provinces, lnder) as one
Federal State. In both the United States and Germany, this statement oI union is embedded within
the constitution`s preamble. Thus writes the United States preamble, 'We the people oI the United
States, in order to Iorm a more perIect Union. And the German preamble, 'Germans in the lnder.
have achieved the unity and Ireedom oI Germany in Iree selI-determination. Comparatively, Canada
aIIirms Iederal unity through both the preamble and through its preliminary section oI the
constitution. The preamble reads, 'Whereas the Provinces oI Canada, Nova Scotia, and New
Brunswick have expressed their desire to be Iederally united into One Dominion. And Section 3
states: 'It shall be lawIul Ior the Queen, by and with the Advice oI Her Majesty`s Most Honourable
Privy Council, to declare by Proclamation that, on and aIter a Day therein appointed, not
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 84 being more than six months
aIter the passing oI this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form
and be One Dominion under the name of Canada |boldIace added|; and on and aIter that day those
three provinces shall Iorm and be One Dominion under that name accordingly. Through such
express statements in the basic law oI these Iederal countries, the constitution truly becomes a
binding document. It keeps together the components oI the Iederation as one. It Iormalizes the unity
within the diversity oI territories, cultures and economic disparities. b. Due Process of Amending the
Constitution through the National Legislature. The rule oI law through the Constitution uniIies the
component states, provinces or lnder through its provisions, principles and measures. It cannot

simply be changed by the will oI a single member state oI the Iederation. Changes require a pooling
oI the thoughts and desires as Iorwarded by the citizen`s votes through the instrument oI suIIrage
which appoints the state`s representatives. Hence the power to amend the Constitution remains Iirst
in the hands oI the national/Iederal legislature. It is the Houses oI Congress (U.S.), oI Parliament
(Canada and Australia), or the Bundesrat and Bundestag (Germany) which has the power to
propose changes or alterations to their respective country`s 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). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 85 As an added, unique, practice, the Constitutions oI U.S. and Canada extends to the
states/provinces the power to propose amendments Ior Constitutional revisions. In the United States
(Article V), two-thirds oI the several states can call Ior a convention Ior 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 oI the provinces. In such a
situation, the aggregate oI the provinces concerned must constitute at least IiIty percent oI the
population oI all the provinces oI Canada (based on the most recent census). 6th Essential Feature:
An umpire (Supreme/Constitutional Court) to 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 Ior in Canadian Supreme Court
and Exchequer Courts Act, 1875, and entrenched in Canadian custom. These courts represent the
highest courts in each oI the compared countries. And it is in the wisdom and neutrality oI the
justices oI these courts with which issues and cases not just between individuals are settled.
Moreover, these courts also are the Iinal arbiter within the Iederation on issues and cases:
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 86 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 1udicial Independence. In order to ensure true
justice, the Iollowing elements are needed: neutrality through judicial independence, protection Irom
undue pressure or inIluence Irom any oI the parties involved (Federal Government, states,
provinces, and lnder), constitutional protection oI the entire judiciary (Irom the highest to the inIerior
courts). These are secured in three areas oI constitutional provisions: (1) Manner oI Appointment, (2)
Protection oI Salary, and (3) Security oI Tenure. The manner oI appointment oI justices oI the
Supreme Court is the very beginning oI securing the neutrality and independence oI such organ oI
the government. In the United States, the President nominates Judges oI the Supreme Court; the
Senate then gives consent (approval through majority vote) as to the chosen judge, and advice Ior
appointment by the President (Article II, Section 2, Paragraph 2). In comparison, Federal Supreme
Court Judges in Germany are halI elected by the body oI the Bundesrat and halI by the Bundestag
(Article 94, Paragraph 1). These examples show that checks and balances (either through the
presidential or parliamentary system) compliment the independence oI the Supreme Court in Iederal
systems. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 87 A threat to the salary or
compensation oI a person can inIluence decision making. Alexander Hamilton wrote in the Federalist
Papers, No. 79: 'In the general course oI human nature, a power over a man`s subsistence amounts
to a power over his will (The Federalist No. 79). Among the Iour Iederal constitutions, only the U.S.
has a Presidential System to separate powers oI government, the other three are Parliamentary
Systems which Iuses the powers oI the government. The signiIicance oI this is that however these
constitutions are dissimilar in the system oI separation oI powers (3 constitutions Iuses power in a

parliamentary system); they still provide means to ensure the independence oI 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) oI judges 'shall not be diminished
during their continuance in oIIice. 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 Irom undue
pressures or inIluence in Germany. b. Adjudicatory Power of the Supreme Court The
Supreme Court oI the United States oI 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 oI another state; between UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 88 a state, or the citizens thereoI, and
Ioreign states, citizens or subjects (Article III, Section 2, Paragraphs 1 2). The High
Court (Federal Supreme Court) oI Australia has original jurisdiction in all matters: in
which the Commonwealth oI Australia is a party; between states; or between a state
and a resident oI another state |Section 75, Subsection (iii) and (iv)|. The Federal
Constitutional court oI Germany shall rule over cases as directly quoted in the
Iollowing sub-paragraphs: '2. In the event oI disagreements or doubts respecting the
Iormal 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 oI the Federal
Government, oI a Land government, or oI one third oI the Members oI the
Bundestag; 2a. In the event oI disagreements on whether a law meets the
requirements in the application oI concurrent legislative powers. 3. In the event oI
disagreements respecting the rights and duties of the Federation and the lnder,
especially in the execution oI Iederal law by the lnder and in the exercise oI Iederal
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 Iiled by municipalities or
associations oI municipalities on the ground that their right to selI-government
under Article 28 has been inIringed by a law; |and| In the case oI inIringement by a
Land law, however, only UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
89 iI the law cannot be challenged in the constitutional court oI the Land. (Article
93, Paragraph 1, Subparagraphs 2, 2a, 3, 4, and 4b) c. Constitutional Provisions
Handling Gray Areas. Gray areas in the constitution are instances when there is
either absences oI 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 oI
this, disputes may occur regarding execution oI 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 oI the particular
country. Also, Iunctioning as guides Ior the resolution oI such disputes, the Iour
written constitutions that were studied display their own stipulations that act as
saIeguards in the eventuality oI problems between laws. In the United States,
Amendmen

(1791) stipulated that powers not delegated to the Federal organs oI 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 oI a merely local or
private nature in the province, right aIter a listing oI which speciIic subjects shall be
under their legislative competency. In conjunction, it also classiIies that all subjects
listed under the powers oI Parliament (Section 91) 'shall not be deemed as local or
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 90 private in nature. 14
And in addition to these, it is provided that, any class oI subjects shall be considered
exclusive powers oI Parliament iI such a class oI subjects is expressly exempted in
the list oI powers assigned to the Provincial legislatures. This ensures a clear
delineation oI which subjects are Provincial and which subjects are Parliamentary in
nature. Certain Sections which compose Part V 'The States oI the Australian
constitution regulate any possibility oI inconsistencies, particularly with laws that
have been in effect within a state even before the Union of the Commonwealth.
Section 107 saves the powers oI the Parliaments oI States upon the time oI the
Union. It also stipulates that the Iormer powers oI state parliaments beIore the
Union continue within that same regional level parliament unless the constitution
vests such powers to the national level parliament. Section 108 oI the Australian
constitution saves the laws of states which enter into the Union of the
Commonwealth. It is written that a law in Iorce relating to any matter within the
powers oI the Commonwealth shall continue in Iorce within that state. And the
parliament oI the particular state retains such powers oI alteration and repeal with
regards to any such law. Such a legal arrangement is premised on the requirement
that the Parliament oI the Commonwealth does not make any provisions on that
particular matter oI the law. 14 Section 91, paragraph immediately aIter Subsection
29. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 91 In the event that
inconsistencies occur among the laws oI Australia, Section 109 expresses that that
law oI the Commonwealth prevails over the law oI the state; Iurthermore, the latter
is invalid to the extent oI the inconsistency. Within the constitutional provisions oI
Germany, there are several articles that manage gray areas and the possibilities oI
legal inconsistencies. Article 30 oI the German Constitution clariIies authority within
the Iederation, 'except as otherwise provided or permitted by the Basic Law, the
exercise oI state powers and the discharge oI state Iunctions is a matter Ior the
lnder. Legislative power between the Federation and the lnder on the other hand
is clariIied by allowing the lnder to legislate on matters not expressly conIerred to
the Federation (Article 70, Paragraph 1); the lnder may also legislate on subjects
that Iall under exclusive legislative powers oI the Iederation iI they are expressly
authorized by Iederal law (Article 71). Legislative powers are Iurther governed by
provisions regarding concurrent legislative powers (Germany, Article 70, Paragraph
2). Concurrent legislative powers ensure that the legislatures oI the lnder may
legislate on the subjects placed under the list oI matters Iound in Articles 74, 74a,
105, 125a. Such powers oI the legislatures oI 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 iI and to the extent that the
establishment oI (1) equal living conditions UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 92 throughout the Iederal territory or (2) the maintenance
oI legal or economic unity (Article 72, Paragraph 2). c. A Iederal law may provide
that Iederal legislation may be superseded by Land law, iI such legislation is no
longer necessary or the establishment oI (1) equal living conditions throughout the
Iederal territory or (2) the maintenance oI legal or economic unity (Article 72,
Paragraph 3). d. The Federation shall have the right to legislate over all other taxes
the revenue Irom which accrues to it wholly or in part or as to establish (1) equal
living conditions throughout the Iederal territory or (2) the maintenance oI legal or
economic unity (Article 105, Paragraph 2). e. The Federation shall have the right to
legislate concurrently Ior a state oI deIense even with respect to matters within the
legislative powers oI the lnder during a state oI deIense (Article 115c). Finally the
German basic law provides that, in cases oI inconsistency or contradiction between
a law oI the Iederation and that oI the lnder, Article 31 states, 'Federal law shall
take precedence over Land law. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 93 7th Essential Feature: Processes and Institutions to facilitate
intergovernmental interaction and coordination. As covered in the previous Ieatures
oI the Iour model Iederal political systems, their Constitutions provide the processes
and institutions which will ease the relationship between the Iederal and local levels
oI government. Having two levels oI government may seem diIIicult to manage at Iirst glance, but
these processes and institutions Iunction as saIeguards. They help the Iederal 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 Iederation.
There are actual situations on the working and actions oI such institutions and the applications oI
such processes. This is where the potential oI Iederalism leads to practicability. Table 2 provides
such examples oI actual practice oI institutions and processes in the Iour model countries. Table 2.
Facilitating Processes and Institutions in a Federal System. INSTITUTIONS PROCESSES
APPLICATION Federal ChieI Executive Direct actions to guide and administer over the entire nation.
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 UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 94 issues aIIecting German liIe (health, environment,
transport) (Benz, 2009). InIluence over national policy. U.S. Bush Educational Policies (2000`s),
Clinton Environmental Policies (1990`s) (Benz). Australia The 1999 reIerendum on severing
Australia`s links with the British Crown and becoming a republic is inIluenced by Iederal concerns
since the British Queen as Head of State is represented not just in the federal government but also
in the states (Saunders, 2005). INSTITUTIONS PROCESSES APPLICATION Federal Legislatures
Legislative dynamics through equal representation. Germany - A balanced Iederal legislation
accrues through a majority vote requirement in both the lower house, composed oI popularly elected
members, and the upper house, composed oI the delegates oI the Lander governments (Schmidt).
Legislative dynamics through party politics. U.S. - Democrat and Republican inIluence over policies
Irom the days oI the New deal until the present. Resulting to legislations such as: UnIunded
Mandates ReIorm Act (1995), Personal Responsibility and Work Opportunity Reconciliation Act

(1996), Class Action Fairness Act (2005) (Gerston, 2007). Germany - Dynamics oI votes and
alliances between Christian Democratic Union (CDU), Christian Social Union (CSU) other smaller
parties crating impacts on Chancellor selection and the passing oI bills (Schmidt). INSTITUTIONS
PROCESSES APPLICATION Coordinating Management oI All Four Countries UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 95 bodies oI exclusively regional competence and
jurisdiction. varying regional policies. Bureaucracies (both Iederal and regional) All Four Countries
Local Lower Courts Bureaucracies Canada - Cooperative and coordinative bodies such as Canadian
Council oI Ministers oI the Environment, New Quebec proposal to Iormalize a Council oI the
Iederation, Western Premiere`s ConIerence, and Council oI Atlantic Premiere`s (Dennison, 2003).
Germany - ConIerence oI the Ministers Ior Cultural and Educational AIIairs, ConIerence oI Ministers
oI the Environment (Benz) and Intergovernmental conIerences and administrative networks (Benz).
Facilitate interaction and coordination between the Federal Government and the Regional
Governments. Canada - Regular meetings oI Council oI Ministers oI Education (Dennison).
Germany - 'Politikverflechtung (interlocking politics or joint decision-making) coordination between
the Iederation and the various Lander. Public administration based on benchmarking oI eIIiciency
and perIormance as an innovative method oI coordination among the Lander (Benz).
INSTITUTIONS PROCESSES APPLICATION Independent Judiciary The Rule oI Law. U.S. Celebrated cases such as Brown v. Board oI Education (1954), minimized state powers to promote
national values using constitutional guarantees; and Board oI Trustees v. Garrett (2001), enhanced
state government powers regarding the UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 96 Americans with Disabilities Act (Gerston). Australia - Celebrated ruling oI the High Court
which increasingly challenged post-war social policies oI the Federal Labour government (Patapan,
2009), on the Corporation Law, on the conIerral oI state jurisdiction on the Iederal court and state
power on Iederal oIIicials (Saunders). Germany - Celebrated cases such as those on abortion law,
co- determination in industry, and the constitutionality oI the route to German uniIication (Schmidt).
Protection oI Judges and maintaining Iairness in the adjudication between the Federal Government
and the Regional Governments; and between a Regional Government and another Regional
Government. Canada - . 'II a judge gave a decision the government disliked, it could not touch him or
her, unless both Houses oI Parliament agreed (Gorsey, 2005). Germany - The procedure oI
selecting Constitutional Court Judges ensures a Iair and balanced system since the Iederal
government and state government have equal powers oI inIluence (Gorsey). INSTITUTIONS
PROCESSES APPLICATION Regional Governments - Executives and, - Legislatur es Regional
Government actions: - Actual administrative actions on their scope oI authority, - Actual legislations
within their scope oI U.S. - Connecticut attorney general sued the Iederal government Ior not
providing enough Iunds to implement the No Child LeIt Behind Act (2001); CaliIornia Iought Ior and
have been granted the right to adopt environmental regulations that are stronger the Iederal laws
(Gerston). U.S. - 1997-2007 Iederal legislation on minimum-wage was at oI $5.15 per hour, yet
twenty- UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 97 powers. - Initiative on
issues within immediate location. nine states legislated higher minimum wages at that same time
Irame. 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. CaliIornia, Connecticut, New Jersey, and
Vermont have established civil unions that oIIer gay couples nearly all the legal rights and
responsibilities oI marriage. Hawaii, Maine, and the District oI Columbia permit same- sex 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 oI Commons and transacts its business in much the same way. All
bills must go through three readings and receive Royal Assent by the Lieutenant- Governor. In the
provinces, assent has been refused 28 times, the last in 1945, in Prince Edward Island. Members oI
the legislature are elected Irom constituencies established by the legislature roughly in proportion to
population (Gorsey). Germany - 'States have a considerable share oI the responsibility Ior the
planning and Iormation oI public policy through UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 98 a wide variety oI institutions oI co- operative federalism and through selIcoordination (Schmidt). U.S. 2001 State initiated actions on immigration related incidents (due to
9/11 crisis); 1960 state initiated anti-sodomy laws in IiIty states (Gerston). UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 99 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 state`s power must reach very corner oI the territory to
ensure consolidation oI 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 oI the people living in each
particular region. This in return ensures obedience or acquiescence oI the people (and the regions
as political entities) to the national government. This is an actual maniIestation oI sovereignty within
the territory. However, as the territory grows in size, or iI the territory has geographic Ieatures such
as being mountainous or archipelagic (which are Iactors that create natural barriers) then the central
state`s government is hindered Irom sending out its powers across the land to care Ior the people`s
needs and also to gain their support or obedience. Figure 4 is a map delineating the geopolitical
subdivisions oI the United States. These are: 1) Alabama, 2) Alaska, 3) Arizona, 4) Arkansas, 5)
CaliIornia, 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, UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 100 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 oI Federal
Government). The map in Figure 5 displays Canada`s geopolitical subdivisions: 1) Alberta, 2) British
Columbia, 3) Manitoba, 4) New Brunswick, 5) NewIoundland and Labrador, 6) Nova Scotia, 7)
Ontario, 8) Prince Edward Island, 9) Quebec, 10) Saskatchewan. Territories: 1) Northwest Territories,
2) Nunavut, 3) Yukon Territory. The geopolitical divisions oI 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, Germnay`s geopolitical subdivisions can be observed in Figure 7. These are as Iollows: 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 oI great size compared to the other
countries in the world. In Iact, both the United UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 101 States and Canada occupy the largest expanse oI the entire North American
continent; Australia on the other hand is an entire continent on its own. Aside Irom having large,
single land masses, these countries also have territories that are separate Irom 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 oI land, or a
land with Iragmented topography, since the various local governments become reliant to its
pyramidal hierarchy. With the distance oI the territories, the situation in one area could be diIIerent in
the others (such as weather, health related eventualities, school and economic activities). Through
the Iederal system, the vast territories each gain a constitutionally empowered government (regional
governments: states, provinces, lnder), able to Iunction and meet the immediate demands oI public
liIe in that location. At the same time, the Iederal constitution maintains a national level oI
government (Iederal government) which consolidates the scattered regional governments into a
uniIied whole. This is the practice oI devolution, the decentralization oI powers through the covenant
oI the constitution. It is through this system that true consolidation over territory takes place (Jones).
The presence oI competent regional institutions, and practice oI Iederal processes, as evidenced in
Table 2 oI the previous discussion, substantiates the Iact that a Iederal system is well suited Ior
managing large areas oI territory such UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 102 as U.S., Canada, and Australia. The Philippines having an archipelagic and mountainous
topography necessitates the Iederal system to consolidate power and unity. The consolidating power
oI Iederalism over territory makes it practicable in the Philippine setting. The Philippines is an
archipelagic territory. It consists oI around 7,100 islands. These islands extend Irom north to south
along a 1,100mi area in the PaciIic Ocean. These scattered landmasses are grouped into Luzon in
the north, Visayas in the center, and Mindanao in the south. Studies show that 95 oI the country`s
land area and population are situated on 11 oI its largest islands. These 11 largest islands (excepting
the central plain in Luzon) have the geographic characteristics oI being mountainous, and coastlines
that are heavily indented. Manila, the Republic`s premier city and political, economic and educational
center, has a geopolitical situation oI being located on Luzon Island to the north, and very distant
Irom the south (Jansenn, 2010). The Iact exists that not only government, but also economy and
education, and by extension technology and other blessings oI development are centered on Manila.
In a unitary system oI government, these create an unequal geopolitical environment Ior all the other
regions oI the Philippines. As supported by statistical data Irom the Philippine National Statistics
OIIice (see Tables 4 and 6), social and economic indicators by region do not just vary; there is an
extreme tendency Ior development in the Manila area. There are also some areas where
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 103 development could be seen.
But some areas are but a Iew when there are scattered territories in need oI selI-suIIiciency. 1able 3.
Geographic Comparison of the Four Model Federations and the Philippines. U.S.A. 15 CANADA 16
AUSTRALIA 17 GERMANY 18 PHILIPPINES 19 T o t a l l a n d A r e a 9,826,675 sq km 9,984,670
sq km 7,741,220 sq km 357,022 sq km 300,000 sq km T o t a l A r e a i n T e r m s o f 9,161,966 sq
km 9,093,507 sq km 7,682,300 sq km 348,672 sq km 298,170 sq km T o t a l A r e a i n T e r m s o f
664,709 sq km 891,163 sq km 58,920 sq km 8,350 sq km 1,830 sq km R a n k i n S i z e C o m p a r
e d t o t h e W o r l d ` s C o u n t r i e s 3 rd (about halI the size oI Russia; more than twice the size
oI the European Union) 2 nd (slightly larger than the US) 6 th (slightly smaller than the US
contiguous 48 states) 62 nd (slightly smaller than Montana) 72 nd (slightly larger than Arizona) 15
Central Intelligence Agency, 'United States oI America in The World Factbook,
https://www.cia.gov/library/publications/the-world-Iactbook/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-Iactbook/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-Iactbook/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-Iactbook/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-Iactbook/geos/rp.html, 2010, (Last Accessed
August 2010). UNIVERSITY OF SAN Map of the U.S 20 Geology.com. 'United Sta 2006.
http://geology.com Accessed October 2010). ITY OF SANTO TOMAS GRADUATE SCHOOL Figure
4. ap of the U.S. Federation Featuring the Regional Levels (50 States). 20 'United States Map United
States Satellite Image. Geology.co /geology.com/world/the-united-states-oI-america-satelliteimage.shtml OOL PAGE 104 onal Levels Geology.com website. image.shtml. (Last UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 105 Figure 5. Map of Canadian Federation Featuring
the Regional Levels (10 Provinces and 3 Territories). 21 21 Geology.com. 'Canada map Canada
Satellite Image. Geology.com website. 2006. http://geology.com/world/canada-satellite-image.shtml.
(Last Accessed October 2010). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 106
Figure . Map of the Australian Federation Featuring the Regional Levels (6 States and 2 Territories).
22 22 Geology.com. 'Australia Map Australia Satellite Image. Geology.com website. 2006.
http://geology.com/world/australia-satellite-image.shtml. (Last Accessed October 2010).
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 107 Figure 7. Map of the German
Federation Featuring the Regional Levels (16 Lnder). 23 23 Map oI Germany.org. 'Map of
Germanv. Map oI Germany.org website. 2008. http://www.map-oI-germany.org/map-oI-germany.giI.
(Last Accessed October 2010). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 108
Figure 8. Map of the Philippine Archipelago Featuring the Regional Levels (17 Regions). 24 24 Wow
Philippines. 'Provincial Map oI the Philippines. Go Package Tourism website. 2010. http://www.gopackage.com/wowphilippines/philippinemap.asp. (Last Accessed October 2010). UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 109 The Philippines is similar in geopolitical situation
with the previous Iour countries. The Philippines is a Iractured territory since it`s 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 Iederal system oI government, the various regional governments oI the Philippines,
become States or Provinces, and can have proper constitutional powers to pursue autonomous
socio-economic agenda Ior development. This in application is federal decentralization through
constitutional devolution, which is the redistribution oI governmental powers and recognition oI
regional governments by means oI the principal law oI the land. Because the regions exist with their
own levels oI government, each having competent powers over immediate concerns, they can act
without need oI dependence on the national government. Federalism is more practicable since,
aside Irom policymaking and autonomous administration, the regional governments will have their
own resources to back up their management plans Ior the area without having to wait UNIVERSITY
OF SANTO TOMAS GRADUATE SCHOOL PAGE 110 on decisions and help Irom the national
government. With such a system, the governments oI areas distant Irom Manila will not anymore
imply 'distance Irom civilization and development; having power to decide and implement means
that the regions can compete Ior development with the neighboring areas and thus strive Ior the
IulIillment oI their own competencies. This stimulates growth both socially and economically. 2.
Accommodation of Cultural Idiosyncrasies through Devolution (Political Culture). Diversity in ethnic

groupings, religious belieIs, languages, traditions and customs, creates stresses to the political
system. These diIIerences usually stem Irom the groupings based on location thus leading to
regionalism. When taken into extremes, these diIIerences tend to escalate as regionalistic division or
even into armed conIlict. The Ieatures oI Iederalism have a covenantal eIIect to the political system.
Through constitutional saIeguards that recognize, respect and empower the identities oI regions as
having their own governments, these regional level governments, in return, consents to be bound
together under the supervision oI the national level government or Iederation. In this scenario, the
Iederal level oI government Iunctions as the singular leader among these regional governments,
thus creating a political situation oI equality under a covenant the constitution. This covenant makes
the constitution the true sovereign power even iI there are several states each having a government
oI its own in the Iederal system. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 111
Recognition and powers granted by the Constitution allow the regional governments to make policies
that Iit the culture, religious belieIs, traditions, and ethno-linguistic needs oI the people within their
territory. This is in eIIect an application oI Elazar`s idea that the Iederal system engenders
accommodation. It brings about unity while allowing the diIIering regions to maintain their cultural
idiosyncrasies (Moots, 2009). The U.S., aside Irom having people oI Native American Indian heritage
is a hodge-podge oI immigrants Irom everywhere in the world. This mix is enough to create whole
communities oI various races and ethnicities. The country`s groups oI peoples also have a tendency
to be strongly identiIied culturally to the area that they reside in (e.g. Texans, New Yorkers,
CaliIornians, Hawaiians). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 112 1able
4. Demographic Comparison of the Four Model Federations and the Philippines. U.S.A. 25 CANADA
26 AUSTRALIA 27 GERMANY 28 PHILIPPINES 29 N a t i o n a l i t y American(s) Canadian(s)
Australian(s) German(s) Filipino(s) E t h n i c G r o u p s White 79.96, black 12.85, Asian 4.43,
Amerindian and Alaska native 0.97, native Hawaiian and other PaciIic islander 0.18, two or more
races 1.61 (July 2007 estimate) note. a separate listing Ior Hispanic is not included because the US
Census Bureau considers Hispanic to mean persons oI Spanish/Hispanic/Lat ino origin including
those oI Mexican, Cuban, Puerto Rican, Dominican Republic, Spanish, and Central or South
American origin living in the US who may be oI 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, AIrican, Arab 6, mixed background 26 white 92, Asian 7, aboriginal and other 1 German
91.5, Turkish 2.4, other 6.1 (made up largely oI Greek, Italian, Polish, Russian, Serbo- Croatian,
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) 25 CIA World Factbook, USA, 2010. 26 CIA World
Factbook, Canada, 2010. 27 CIA World Factbook, Australia, 2010. 28 CIA World Factbook,
Germany, 2010. 29 CIA World Factbook, Philippines, 2010. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 113 15.1 oI the total US population is Hispanic R e l i g i o n s
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 unspeciIied 2.5, unaIIiliated 12.1, none 4 (2007 est.) 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 unspeciIied 11.8, none 16 (2001 census) Catholic 25.8,
Anglican 18.7, Uniting Church 5.7, Presbyterian and ReIormed 3, Eastern Orthodox 2.7, other
Christian 7.9, Buddhist 2.1, Muslim 1.7, other 2.4, unspeciIied 11.3, none 18.7 (2006 Census)
Protestant 34, Roman Catholic 34, Muslim 3.7, unaIIiliated 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,
unspeciIied 0.6, none 0.1 (2000 census) L a n g u a g e s English 82.1, Spanish 10.7, other IndoEuropean 3.8, Asian and PaciIic island 2.7, other 0.7 (2000 census) English (oIIicial) 58.8,

French (oIIicial) 21.6, other 19.6 (2006 Census) English 78.5, Chinese 2.5, Italian 1.6, Greek
1.3, Arabic 1.2, Vietnamese 1, other 8.2, unspeciIied 5.7 (2006 Census) German Filipino
(oIIicial; based on Tagalog) and English (oIIicial); eight major dialects - Tagalog, Cebuano, Ilocano,
Hiligaynon or Ilonggo, Bicol, Waray, Pampango, and Pangasinan UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 114 Canada has socio-linguistic diversity between the English and
French- speaking Canadians, in addition to having aboriginal Canadians (Gagnon and Simeo, 2009).
Australian society is diversiIied among English, Scottish, and Irish decent; Chinese and South
PaciIic decent; and also the Australian indigenous people (Aroney, 2009). In Germany, the territory is
diversiIied between six poorer eastern lnder and ten richer western lnder. Aside Irom this,
Germany is also home to peoples oI Turkish ancestries, 'ethnic Germans Irom 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 Note (Irom Central Intelligence Agency): values are at 2009 U.S.
Dollars. 31 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. 1able 5. GDP Per Capita (PPP) of the Four Model Federations and the
Philippines. 3 U.S.A. 31 CANADA 32 AUSTRALIA 33 GERMANY 34 PHILIPPINES 35 29 est. $
46,000 $ 38,200 $ 40,000 $ 34,100 $ 3,300 28 est. $47,700 $39,500 $40,000 $35,900 $3,300
27 est. $48,200 $39,600 $39,600 $35,400 $3,300 UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 115 36 Note (Irom National Statistics OIIice): Details may not add up to totals due to
rounding. Source: National Statistics OIIice, 2003 Familv Income and Expenditure Survev Final
Results, September 14, 2007, http://www.census.gov.ph/data/sectordata/2003/ie03Ir11.htm,
(Accessed October 2010). And National Statistics OIIice, 2003 and 2006 Familv Income and
Expenditure Survev, Final Results, July 9, 2008,
http://www.census.gov.ph/data/sectordata/2006/ie06Ir04a.htm, (Accessed October 2010). 37 In
2000, Basilan including Isabela City was under Region IX. 38 In 2000, Marawi City is a part oI
Region XII. 39 Basilan province (excluding Isabela City), which was part oI Region IX in 2000, has
been transIerred to ARMM under EO 36. 1able . Regional Average Income and Average Savings of
Families at Current Prices (values in thousand pesos) 2000, 2003 and 2006. 3 Region Average
Income Average Savings 2000 2003 2006 2000 2003 2006 1 National Capital Region 300 266 311
56 48 53 2 Cordillera Administrative Region 140 152 192 59 26 42 3 I Ilocos 121 124 142 25 22 19 4
II - Cagayan Valley 108 126 143 20 27 25 5 III - Central Luzon 151 160 198 31 22 27 6 IVA
Calabarzon 179 184 210 29 26 23 7 IVB Mimaropa 99 103 109 20 19 16 8 V Bicol 95 109 125 13 15
15 9 VI - Western Visayas 110 111 130 15 14 14 10 VII - Central Visayas 100 121 144 16 19 21 11
VIII - Eastern Visayas 92 103 126 19 19 22 12 IX - Zamboanga Peninsula 37 88 93 125 17 18 27 13
X - Northern Mindanao 108 109 142 25 18 25 14 XI Davao 108 117 135 17 18 19 15 XII Soccsksargen 38 103 113 114 21 28 18 16 XIII Caraga 82 90 118 9 12 18 17 Autonomous Region in
Muslim Mindanao 39 79 83 89 14 16 14 Mean 121.35 127.29 150.18 23.88 21.59 23.41 Standard
Deviation INCLUDING NCR 52.70 44.12 52.43 13.87 8.25 10.19 Standard Deviation EXCLUDING
NCR 26.49 26.71 33.16 11.50 4.82 6.98 UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 116 Among these countries, the covenantal eIIect oI Iederalism manages socio-cultural
diversity and idiosyncrasies. A Iederal convention accomplishes this through practices oI: a)
Autonomy oI the states to respond to and Iight Ior their jurisdiction cultural and ethnic rights; b) the
inter-governmental interactions between the regional governments and the Iederal government
(Bendel and Sturm); c) the institutions that interlink these levels oI governments and thus the regions
(Bendel and Sturm); d) multiculturalism and intraculturalism practices imbued in the constitution

(Gagnon and Simeon). In the Philippines, the country`s social environment is described as beset
with cultural and ethno-linguistic issues that create riIts between peoples and thus divisions within
the political system. Carolina Hernandez describes ethnic and linguistic issues that aIIect not only
the ordinary lives oI Filipinos but also aIIects Philippine politics: 'The major ethnolinguistic groups
that have shaped politics were the Tagalogs, Ilocanos, and Pampangans oI Luzon, the Cebuanos oI
the Visayas, and the Muslim Maranaos and Tausugs oI Mindanao. Close to the seat oI power in
Manila, Tagalogs have exerted the greatest political inIluence dating back to the nineteenth-century
reIormists and their revolutionary successors. They succeeded in making Tagalog the basis oI 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 Iragmentation is ampliIied by diIIicult travel and
communication within the geographically Iragmented territory. These Iactors were able to reinIorce
regionalism in both culture and politics. More so, it came to pass that a common UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 117 opinion among the regions spread that there is a
'Manila-based, Tagalog- dominated colonialism within the system. Given the situation, there have
only been two cases oI large scale violence: 1) Muslim separatism lead by the Moro National
Liberation Iront (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
Ior regional autonomy Ior both areas, however violence has not yet ceased, the Ieeling oI inequality
has not yet been Ielt, and economic development is not yet evident in both regions (Hernandez).
Federalism`s covenantal process helps bind together diIIering ethnolinguistic groups through
accommodation. It does not just give particular areas with one time beneIits 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 iI the unitary system constitution grants autonomy to local
governments, the monolithic structure oI the unitary system inhibits the culture and processes Ior the
regional actors to make good use oI such a blessing they still remain reliant to the center. In
comparison, a country where in the seven Ieatures oI Iederalism is used creates a political situation
oI actually being able to practice the autonomy spoken oI in the constitution. Here, the powers have
been granted directly by the constitution rather than commanded by the constitution Ior the central
government UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 118 to delegate.
Because oI this, the power oI 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 oI a culture oI autonomy cannot be possible when many local
governments are reliant to the central government. Autonomy is supported since in a Iederal system,
both governments at the national and regional levels have their own deIined areas and matters oI
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 oI the economic productiveness oI the model countries
juxtaposed with that oI the Philippines. United States, Canada, and Germany are all members oI the
G8 leaders; all three with the addition oI Australia are all highly economically developed countries.
Based on the experiences within each oI these countries, experts point out that the blessings oI a
good economy are well spread among the diIIerent regions. This is evidenced by their comparative
Gross Domestic Products (GDP) as measured in terms oI Per Capita (divided according to

population). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 119 Applications oI the
economic blessings oI Iederalism can be seen in the Iour model countries. As observed in various
studies, in Canada it is noted that provinces have been enjoying an increase in their Iiscal autonomy
over the passing oI years. Such as in 1970, total revenues were pegged: Ior the Iederal government
at 16.7 oI GDP, and the regional governments at 17.6. And in 1999, revenues had increased
marginally: Ior the Iederal government to 18.9 oI GDP, and regional governments to 22.7 (Simeon,
2001). These economic beneIits are made possible through the dynamics oI Iederal relations
between the Iederal and regional governments. In Germany, a classic practice oI autonomy is
displayed by the regional governments when they collaborate to pursue their economic agendas and
Iiscal policies as opposed to the dictates oI the Iederal government. This is reinIorced by party
politics who jockey Ior particular policies and civil servants who ensure cooperation among the
diIIerent regional governments (Benz). The same is true in U.S. practices, regional governors
actively lobby Ior the handling oI economic load burdened upon them Irom the Iederal government in
Washington (Schram, 2005). A good example is the state support Ior Personal Responsibilitv and
Work Opportunitv Reconciliation Act (1996) which replaced the Iederal cash assistance program Ior
low-income Iamilies with children (Aid to Families with Dependent Children AFDC) with Temporary
Assistance Ior Needy Families Program (TANF). This legislation granted states more leeway on how
to spend their budget in terms oI social welIare, since it is the states and not UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 120 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 oI economic rights and powers by regional governments. A
situation made possible in the system through Iederalism. Through it, such rights and powers are
enIorced constitutionally. In the Philippines, there is great economic disparity among the regions. As
evidenced by statistical data Irom both international sources (CIA as shown in Table 5) and Irom the
Philippine National Statistics OIIice, regarding the income and savings oI Iamilies within each region
(Table 6). The Iigures show the microeconomic status Ior Iamilies within each region comparing such
data between the regions themselves and a view oI the macroeconomic aspect can be observed.
Through this, a comparison is seen on how the regions diIIer on economic status in the current
unitary political system. The data shows an imbalance between the National Capital Region (NCR),
which is the center oI everything (government, economy, education, health, technology) in the
Philippine unitary system, and the other regions. There is a big diIIerence in income and deIinitely in
savings between the NCR and the next region with the highest income and savings (Calabarzon in
all three periods). The statistics oI the Standard Deviation show how distant the values are Irom the
average income and savings and the particular regional values Ior the same economic values. All
other regions together, excluding NCR, has a Standard Deviation that is nearly halI the value iI NCR
is included in the computation. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 121
This method oI statistical analysis proves the signiIicant inequality or disproportion between the
values in the income and savings Ior the NCR and the other regions. The unitary system, however it
promotes autonomy in letter, still maintains by its nature and practice, a system oI dependence by
the local governments to the central government. Manila, in the heart oI NCR is the economic capital
with only a Iew scattered cities able to prosper Iinancially and technologically. The local governments
are reliant in policymaking and administration upon the central government regarding aspects oI liIe
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 Iederal covenant curbs power Irom the central government by making it a Iederal

government whose purpose is to oversee and maintain unity rather than interIere in the aIIairs within
each region (e.g. economy, education, health among others among others). Having a set oI
individual regional governments with legislative and administrative powers over such aspects oI
human liIe stimulates competition. The autonomy oI regional governments is closely linked to
economic Iorces 40 unique to the Iederal system. 40 Similar to Adam Smith`s invisible hand..
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 122 These economic Iorces include
a) choices by regional governments oI 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 satisIy their own entrepreneurial interests (Weingast, 1995). Autonomous
choices are the products oI deconcentration of economic forces Irom a central government. Instead
oI all the major businesses converging at a single region or just a Iew regions, Iiscal activity is
stimulated among the regions so that each region itselI becomes economically competitive. C.
Simulation: Through the gathered data, Iederalism can be applied by Iollowing the seven essential
Ieatures. Instead oI having a unitary system with local government units reliant to the central
government, the Philippines can have two levels oI government. The Iirst level is the national level
government which is a Iederal government. The second level oI 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 oI Ilocos, Province or State oI 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 oI national concern such as Ioreign aIIairs, national deIense
and the military, currency, national economy, along with other powers discussed in Section A oI this
Chapter. The Philippine Provincial government will have powers to administer and legislate over
matters oI immediate concern to their area UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 123 oI jurisdiction. Such powers include among others, healthcare, education, use oI natural
resources and taxation. The executive and legislative oIIicials oI the Iederal government oI the
Philippines will be directly elected by every citizen eligible Ior suIIrage Irom the whole country.
OIIicials oI the regional governments (both executive and legislative) will be directly elected by
citizens eligible Ior suIIrage Irom within the particular region. Sources oI revenue will be
constitutionally allocated Ior the Iederal government and Ior each component oI the regional level
governments. Direct election by all voting citizens across the Republic stabilizes the power oI the
Philippine Federal Government. It reinIorces the single sovereign power oI the Republic; moreover it
creates actual popular support Ior its exercise oI 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 oI government (the Philippine Federal Government and a province/state),
and 2) between components oI the regional level (cases between one province/state and another
province/state). Hence each province/state such as Caraga or Mimaropa could sue any oI the other
regions Ior issues oI constitutional or economic controversies. The same applies to situations oI
controversies between the provinces/states against the Philippine Federal Government. In this
system, the Iederal government will be UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 124 constrained to ensure Iairness in managing national aIIairs with respect to the regions.
The Justices oI the Supreme Court will be constitutionally protected in areas oI their appointment,
salaries, and possible removal. This is to ensure Iree and Iair 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 Ilow oI the
political system, processes and institutions could be made to coordinate among the various
governments. These include meetings and conIerences oI Provincial/State executives, the

bureaucracy that permeates the national and the regional levels, actions oI the national branches oI
the government, and initiatives oI the executive and legislative branches oI the regional
governments. In this scenario, the provinces/states can make initiatives Ior their own economic
development and decisions on legislations that aIIect the cultural heritage oI their regions.
Provinces/state governments can create legislations that are attractive to businesses both local and
Ioreign to bring in investments into their regions. Revenues received directly by the provinces Irom
their own tax sources within their region can be directly used towards the projects that their regions
need. A Iederal system empowers the Philippine regions with executive and legislative governments
to pursue agenda`s Ior their economic development. UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 125 Through this a sense oI competition stimulates Iurther needs to gain
investments and attract possible sources oI economic capital into their respective regions. And local
government oIIicials 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 Iind it is more diIIicult to hold accountable a national executive who is in
Malacaang (Manila, National Capital Region). The Iederal government on the other hand is
responsible over matters oI national concern. The encumbrance oI managing the entire scattered
islands is lessened, instead it can Iocus on general administration to ensure balance development,
and smooth Ilow oI government public service to the citizens among the regions. Aside Irom
handling Ioreign aIIairs, the Philippine Federal Government takes actions to help regional
governments in times oI 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
perIorms such duties in a Iederal system. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 126 CHAPTER V SUMMARY AND CONCLUSION A. Summary A particular country`s political
system is deIined through its basic law the constitution, which is the modern maniIestation oI the
social contract. This law, in order to be good, must promote the happiness oI the people in every
dimension oI liIe. Such a goal includes granting the means to aIIord Ior oneselI not just necessities
but the chances or abilities to pursue Iurther development: 1) liberty and 2) prosperity. Political
Science research has the objective oI 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 oI America (Iounded 1776), Canada (Iounded
1867), Australia (Iounded 1901), and Germany (Iounded 1949) are model countries in the theory and
practice oI Iederalism. More importantly, these countries are exemplars in championing liberal
democratic ideals and economic development. All Iour countries enjoy the blessings oI liberty and
economic productivity. They are all members oI the G20, and three oI them, namely, U.S., Canada,
and Germany, are ranked leaders oI the prestigious G8. They are all industrialized, economically
competitive, and have their territories enjoying the beneIits oI equal chances oI development.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 127 U.S., Canada, and Australia on
the other hand each have very large expanse oI territory occupied by a variety oI ethnic groups. The
wide array oI cultural diversity has a propensity Ior a local culture oI regionalism. Through the
constitutional use and actual practice oI a Iederal convention, these countries were able to
successIully manage issues oI regionalism, cultural idiosyncrasies, equality both in governance and
economy while maintaining the unity oI their territory as one country. Federalism as a political theory
has been Iounded and successIully practiced by the United States Ior over two centuries. Currently
the Forum of Federations (an international, non-governmental, scholarly organization engaged in the
study oI Iederalism) lists 24 Iederations spread across the globe 41 . Scholars in political science,

public administration, law, and economics have made substantial research on Iederalism`s merits
and Ilaws, its advantages and disadvantages. These scholars range Irom the great political thinkers
such as John Locke and Jean Jacques Rousseau who laid basic Ioundations oI liberalization and
the social contract idea oI Iederalism. There is the compiled writing oI the Iounding Iathers such as
Alexander Hamilton, John Jay, and James Madison which codiIied the political thought oI the
American innovation oI Iederalism. And in contemporary political science, researchers and political
scientists such as Daniel 41 There are also countries in transition to Iederalism: Iraq and Sudan. And
a Sri lanka is considering to change into a Iederal system. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 128 J. Elazar, and Vincent Ostrom and William Riker contributed
comparative studies on the applications oI Iederalism. Together, their works contribute to the body oI
political knowledge on Iederal political theory. These include the capacity oI Iederations to 1) improve
or build up a better structure Ior the state; 2) improve or manage the socio- political conditions oI
heterogeneous systems or stratiIied territories; 3) improve or manage the economy oI states, From
the collated literature, experiences Irom the most successIul oI these countries detail processes and
beneIits that could be reaped by the Philippines Irom the use oI a Iederal convention. This study
though used a comparative analysis oI written constitutions oI model countries by using a logical
method patterned Irom the tradition oI John Stuart Mill, and in the modern constitional- structuralist
research method oI ProIessors Zachary Elkins, Tom Ginsburg, and James Melton. Theory is Iurther
supported through comparative observed 42 practices oI institutions and processes within each oI
the Iour model governments. Thereby the research was able to prove the concept and potentialities
oI a Iederal convention. As presented and discussed in Chapter IV, a Iederal convention is deIined
by seven (7) essential Ieatures. These are: 1) Two levels oI government existing in their own right
under one constitution. 2) A Central Government directly elected by the electorate oI the whole
country, making laws and taxation 42 Through secondary data writings oI experts who were Irom the
model countries, books, seminar manuscripts and presentations. UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 129 applicable to all citizens. 3) Regional Government Units exercising
constitutionally delegated powers over its members. 4) Allocation oI sources oI revenue between the
two levels oI 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 Iacilitate 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 Iederal convention, with proven eIIectiveness in the model countries can help solve such issues
that Iall under political geography, political culture, and political economy. Potential applications oI a
Iederal convention in the Philippines include: 1) Decentralization oI legislative and administrative
powers into two levels oI government through constitutional devolution; 2) consolidation oI the
Iragmented regions through devolution oI legislative and administrative powers; 3) management oI
regionalism and cultural idiosyncrasies through Iederal accommodation; and 4) stimulation oI
development and managing regional wealth disparities through deconcentration oI economic Iorces.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 130 B. Conclusion Through
meticulous comparison and analysis oI the written constitutions, geography, local regional culture,
and economy oI the United states oI America, Canada, Australia, and Germany, and by correlating
the initial Iindings with geographic, cultural and economic characteristics oI the Philippines in order
to arrive at a reIined practicable data, the researcher puts Iorward the thesis that: Iederalism
principles oI decentralization and de-concentration are important constitutional concepts that may be
applied by the Republic oI the Philippines as supported by the Iollowing sub-conclusions; 1. A Iederal

system oI government could promote liberal democracy through applications oI the essential
Ieatures oI a Iederal convention, these include: a. Existence under a single constitution oI two levels
oI government (1 st Essential Feature). b. Each level oI government is directly elected (2 nd
Essential Feature). c. The competence and powers oI regional units are granted directly by the
constitution to each jurisdiction (3 rd and 5 th Essential Feature). UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 131 2. A Iederal system oI government could create equal
opportunities for regional economic development through applications oI the essential Ieatures oI a
Iederal convention, these include: a. The regional government units exercising constitutionally
delegated powers over their own area oI jurisdiction (3 rd and 5 th Essential Feature). b. Allocation oI
sources oI revenue between the two levels oI government (4 th Essential Feature). 3. A Iederal
system oI government could help enhance national unity through applications oI the essential
Ieatures oI a Iederal convention. These include: a. A directly elected central government whose
Laws and Taxes are applicable both to areas oI competency and territory and accepted by all
citizens (2 nd Essential Feature). b. A written constitution acts as a social contract (5 th Essential
Feature). c. An independent umpire` (Supreme Court) rules over disputes (6 th Essential Feature). d.
Processes and institutions Iacilitate intergovernmental interaction and coordination (7 th Essential
Feature). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 132 4. The seven
essential features oI a Iederal 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
Iollowing applications oI a Iederal system make it appropriate to meet political challenges Iaced 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 oI 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 UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 133 competition by area, thus
stimulating chances Ior a more balanced regional wealth. C. Recommendations In the scholarly
practice oI political science, there is much debate on the merits and Ilaws oI Iederalism. Through
unbiased scientiIic inquiry, this study was able to posit on Iederalisms virtues as a potential source oI
socio-political and economic beneIits in application to the Republic oI the Philippines. However, as
scientists concerned with the art oI state building, this researcher suggests the Iollowing
recommendations on the application oI Iederalism with relation to the Philippines: First is that
objective research can be made on the knowledge and perceptions oI Philippine citizens regarding
Iederalism and its seven essential Ieatures. Given that the Ieatures oI the Iederal convention can
bring about advantages to the Philippine political system. Such changes in a country`s constitution
cannot simply be impinged upon the people. II the people have insuIIicient knowledge about how to
use a particular tool, then it would not be used eIIiciently or not even work properly at all. It is by Iact
the people who would be living a liIe 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 oI citizens oI the inhabitants oI each Philippine region to work as
member oI a single State within a UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
134 Iederation. Aside Irom this, assessment must also check Ior capabilities oI these regions to Iield

state governors, or regional leaders. II administration and legislation Ior the regions as states will be
placed in the hands oI citizens Irom those particular areas oI jurisdiction, then these possible leader
candidates must be skilled enough to handle the particular duties involved. There must be ways Ior
suIIicient training available Ior these leaders. Aside Irom skill, there must be willingness among the
citizens oI the regions to take responsibility over the duties oI running a state government within a
Iederation (in conjunction with the Iirst recommendation). The previous two recommendations
together constitute an analysis Ior the suitability oI the Philippine Republic to practice Iederalism. As
this research was able to discover federalism`s potential benefits in application to the Philippines, it
is imperative to discover iI the people could adapt to such a change in order to best achieve the
possible advantages. Lastly, there is much debate on Philippine Iederalization. Politicians push Ior or
Iight against the implementation oI Iederalism in the Philippines. This research begun and was
conducted with the limitation oI non-advocacy Ior any policy Ior Philippine Charter Change. It
proceeded according to the objective method oI collating Iederal principles in model countries Irom
the Iirsthand source the Constitution. Analysis was made on how such principles are practiced based
on scholars` descriptive narratives oI government actions, and political achievements in model
countries. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 135 Model Iederal
countries have similar constitutional principles that are the keys to bring about consolidation oI
territory, accommodation oI cultural idiosyncrasies, and stimulation oI regional economic
development. The Philippines have characteristic problems such as Iragmented territory,
homogenous socio-political cultures, and disparate economic wealth among the regions. As
evidenced in both Chapter I and Iurther 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 Iindings, Iederalization could be recommended to be applied in the Republic
oI the Philippines. Through the eIIicient practice oI such a system oI government, a) the
archipelago`s territorial integrity could be consolidated, b) its regionalism minimized, c)
cultural idiosyncrasies accommodated, and d) economic Iorces could be stimulated
to balance disparate wealth distribution throughout the regions. This research`s
scholarly Iindings are recommended that they may be used as basis Ior practical
applications oI Iederalism in the Republic oI the Philippines. It can be complemented
by Iuture directives as proposed above. A sound plan of action can be made which
could build the countrv into a more democratic, regionallv fair, territoriallv
integrated, and economicallv developed state. Through the gathering oI Iacts and
objective Iindings, this research could be used Ior Iurther studies in the search Ior
the best concrete, detailed and UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 136 Iactual applications oI a Iederal system adapted to political,
administrative, social, and economic condition oI the XXI century Philippines.
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(Accessed 2010). UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 149 APPENDIX
Comparative Matrices of Significantly Related Constitutional Provisions in the Model Countries
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 the Signing - New Hampshire, Massachusetts, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia. Section 5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New
Brunswick (Canada now consists oI ten provinces (Ontario, Quebec, Nova Scotia, New Brunswick,
Manitoba, British Columbia, Prince Edward Island, Alberta, Saskatchewan and NewIoundland) and
two territories (the Yukon Territory and the Northwest Territories). Section 22. (allocation oI Senate
seats according to the Divisions and Provinces oI each division). Section 26. (Par. 2) - Provided that
iI Western Australia is an Original State, the numbers shall be as Iollows: New South Wales (twentysix); Victoria (twenty- three); Queensland (nine); South Australia (seven); Western Australia (Iive);
Tasmania (Iive). Preamble - Germans in the Lnder oI Baden-Wrttemberg, Bavaria, Berlin,
Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg- Western Pomerania, North
Rhine- Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein,
and Thuringia have achieved the unity and Ireedom oI Germany in Iree selI- determination. This
Basic Law thus applies to the entire German people. Admission or Creation of New
States/Provinces/Lander Article IV. Section 3. - New States may be admitted by the Congress into
this Union; but no new State shall be Iormed or erected within the Jurisdiction oI any other State; nor

any State be Iormed by the Section 146. - It shall be lawIul Ior the Queen, by and with the Advice oI
Her Majesty`s Most Honourable Privy Council, on Addresses Irom the Houses oI the Parliament oI
Canada, and Irom the Section 121. - New States may be admitted or established The Parliament
may admit to the Commonwealth or establish new States, and may upon such admission or
establishment make or Article 29. Section 3. - The reIerendum shall be held in the Lnder Irom
whose territories or parts oI territories a new Land or a Land with redeIined boundaries is to be
established (aIIected Lnder). The UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
150 Junction oI two or more States, or Parts oI States, without the Consent oI the Legislatures oI the
States concerned as well as oI the Congress. Houses oI the respective Legislatures oI the Colonies
or Provinces oI NewIoundland, Prince Edward Island, and British Columbia, to admit those Colonies
or Provinces, or any oI them, into the Union, and on Address Irom the Houses oI the Parliament oI
Canada to admit Rupert`s Land and the North- western Territory, or either oI them, into the Union, on
such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen
thinks Iit to approve, subject to the Provisions oI this Act; and the Provisions oI any Order in Council
in that BehalI shall have eIIect as iI they had been enacted by the Parliament oI the United Kingdom
oI Great Britain and Ireland. impose such terms and conditions, including the extent oI
representation in either House oI the Parliament, as it thinks Iit. 122. - The Parliament may make
laws Ior the government oI any territory surrendered by any State to and accepted by the
Commonwealth, or oI any territory placed by the Queen under the authority oI and accepted by the
Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation oI
such territory in either House oI the Parliament to the extent and on the terms which it thinks Iit.
question to be voted on is whether the aIIected Lnder are to remain as they are or whether the new
Land or the Land with redeIined boundaries should be established. The proposal to establish a new
Land or a Land with redeIined boundaries shall take eIIect iI the change is approved by a majority in
the Iuture territory oI such Land and by a majority in the territories or parts oI territories oI an aIIected
Land taken together whose aIIiliation with a Land is to be changed in the same way. The proposal
shall not take eIIect iI within the territory oI any oI the aIIected Lnder a majority reject the change;
however, such rejection shall be oI no consequence iI in any part oI the territory whose aIIiliation with
the aIIected Land is to be changed a two thirds majority approves the change, unless it is rejected by
a two thirds majority in the territory oI the aIIected Land as a whole. Matrix 2. The Chief Executive
U.S. (1776) Canada (1867) Australia (1901) Germany (1949) Manner of Choosing Article II, Section
1. - Article 54, Paragraph UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 151
Elected by Electors appointed by each State. The number oI Electors is equal to the whole number
oI Senators and Representatives to which the State may be entitled to in Congress. The Electors
meet in their respective States, and vote by ballot Ior two persons, oI whom one at least shall not be
an inhabitant oI the same State as themselves. The person having the greatest number oI votes, iI
sch number be a Majority oI the whole number oI electors, shall be the President oI the U.S.
Amendment XII (1804). - ModiIies the manner oI voting: Electors must name who they were voting
Ior as President and as Vice-President. Amendment XXIII (1961). Section 1. (procedure granting the
district which is the Seat oI Federal Government electors Ior the President and Vice-President.) 1. The Federal President shall be elected by the Iederal Convention without debate. Article 54,
Paragraph 3. - The Federal Convention shall consist oI the Members oI the Bundestag and an equal
number oI members elected by the parliaments oI the Lnder on the basis oI proportional
representation. Article 62. - 63. - The Federal Chancellor shall be elected by the Bundestag without
debate on the Proposal oI 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. - Two Senators Irom each State, chosen by the
Legislature Section 22. - Consists oI Senators equally representing the Iour Divisions oI Canada:
Section 1. - Until Parliament otherwise provides, there shall be six senators Ior Article 51. - 1. The
Bundesrat shall consist oI members oI the Land UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 152 thereoI. Ontario, Quebec, The Maritime Provinces, and The Western Provinces
(24 each). (The distribution oI 24 Senators Ior the clustered maritime provinces and Western
Provinces in the division are stipulated in Section 22.) Section 23. - The QualiIications oI a Senator
shall be as Iollows: (2) He shall be either a natural- born Subject oI the Queen, or a Subject oI the
Queen naturalized by an Act oI the Parliament oI Great Britain, or oI the Parliament oI the United
Kingdom oI Great Britain and Ireland, or oI the Legislature oI One oI the Provinces oI Upper Canada,
Lower Canada, Canada, Nova Scotia, or New Brunswick, beIore the Union, or oI the Parliament oI
Canada aIter the Union: (5) He shall be resident in the Province Ior which he is appointed: each
original State. The Parliament may make laws increasing or diminishing the number oI senators Ior
each State, but so that equal representation oI the several Original States shall be maintained and
that no Original State shall have less than six senators. - Chapter I. governments, which appoint and
recall them. Other members oI those governments may serve as alternates. 2. Each Land shall have
at least three votes; Lnder with more than two million inhabitants shall have Iour, Lnder with more
than six million inhabitants Iive, and Lnder with more than seven million inhabitants six votes. 3.
Each Land may appoint as many members as it has votes. The votes oI each Land may be cast only
as a unit and only by Members present or their alternates. Lower House Article I, Section 2. Composed oI Members chosen by the people oI the several States. The electors in each State shall
have the qualiIications requisite Ior Electors oI the most numerous branch oI the State Legislature.
Sections 37, 40, 41, 50, 51, 51A, and 52. - Composed oI members representing electoral districts
within the provinces through proportionate representation. (The manner oI determining the number
oI members per district/province is Section 24. - Composed oI members directly chosen by the
people oI the Commonwealth. The number oI members chosen in the several States shall be in
proportion to the respective numbers oI their people. |the Article 38. - Members oI the German
Bundestag shall be elected in general, direct, Iree, equal, and secret elections. They shall be
representatives oI the whole people, not bound by orders or instructions, and responsible only to
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 153 Representatives shall be
apportioned among the several States which may be included within this Union, according to their
respective numbers (oI people). Amendment XIV (1868). Section 2. - Manner oI determining the
respective numbers oI each State, which excludes Indians not taxed. stipulated in Sections 37, 40,
51, 51A, and 52.) determination oI such number oI members per State is provided in subsections (i)
and (ii) oI this section| their conscience. Matrix 4. Powers of the Federal Legislatures U.S. (1776)
Canada (1867) Australia (1901) Germany (1949) Taxation Article I, Section 8, Paragraph 1. - The
Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, and general
WelIare oI the United States; but all Duties, Imposts and Excises shall be uniIorm throughout the
United States; Section 91, Subsection 3. the exclusive Legislative Authority oI the Parliament oI
Canada extends to all Matters coming within the Classes oI Subjects next hereinaIter enumerated;
that is to say, 3. The raising oI Money by any Mode or System oI Taxation. Section 51, Subsection
(ii). - The Parliament shall, subject to this Constitution, have power to make laws Ior the peace,
order, and good government oI the Commonwealth with respect to: (ii) taxation; but so as not to
discriminate between States or parts oI States; Article 105, Paragraph 1. - The Federation shall have
exclusive power to legislate with respect to customs duties and Iiscal monopolies. (Guide Ior
concurrent powers over taxation Articles 72, 105, and 106.) Federal Control Over Militia Article I,

Section 8, Paragraphs 1, - . provide Ior the common DeIence and general WelIare oI the United
States; Article I, Section 8, Paragraph 12, - To raise and support Section 91, Subsection 7. - Militia,
Military and Naval Service, and DeIence. Section 51, Subsection (vi). - the naval and military
deIence oI the Commonwealth and oI the several States, and the control oI the Iorces to execute
and maintain the laws oI the Commonwealth; Article 73, Paragraph 1. - The Federation shall have
exclusive power to legislate with respect to: Foreign aIIairs and deIense, including protection oI the
civilian population; UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 154 Armies, but;
Paragraph 13. - To provide and maintain a Navy; Prohibition Against Local Control Over the Militia
Article I, Section 10, Paragraph 3. - No State shall, without the Consent oI Congress, lay any Duty oI
Tonnage, keep Troops, or Ships oI War in time oI Peace, enter into any Agreement or Compact with
another State, or with a Ioreign Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit oI delay. Section 114. - States may not raise Iorces. Taxation oI
property oI Commonwealth or State A State shall not, without the consent oI the Parliament oI the
Commonwealth, raise or maintain any naval or military Iorce. Manage Currency Article I, Section 8,
Paragraph 5. - To coin Money, regulate the Value thereoI, and oI Ioreign Coin, and Iix the Standard
oI Weights and Measures; Section 91, Subsection 14. - Currency and Coinage. Section 51,
Subsection (xii). - currency, coinage, and legal tender; Article 73, Paragraph 4. - Currency, money,
and coinage, weights and measures, and the determination oI standards oI time; Borrow Money for
the Federation Article I, Section 8, Paragraph 2 - To borrow Money on the credit oI the United States;
Section 92, Subsection 4. - The borrowing oI Money on the Public Credit. Section 51, Subsection
(iv). - borrowing money on the public credit oI the Commonwealth; Article 115. - 1. The borrowing oI
Iunds and the assumption oI surety obligations, guarantees, or other commitments that may lead to
expenditures in Iuture Iiscal years shall require authorization by a Iederal law. Postal Service and
Communication Article I, Section 8, Paragraph 7. - To establish Post OIIices and post Roads; Section
91, Subsection 5. - Postal Service. Section 51, Subsection (v). - postal, telegraphic, telephonic, and
other like services; Article 73, Paragraph 7. - Postal and telecommunication services; Rails and
Navigation to Link the Federation UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
155 Section 91, Subsection 10. Navigation and Shipping Section 51. Subsection (xxxii). the control
oI railways with respect to transport Ior the naval and military purposes oI the Commonwealth;
Section 98, - The power oI the Parliament to make laws with respect to trade and commerce extends
to navigation and shipping, and to railways the property oI any State. Article 73, Paragraph 6a. Federal Railways. And Article 74, Paragraph 21. Navigation and Shipping. - The operation oI
railways wholly or predominantly owned by the Federation (Iederal railways), the construction,
maintenance, and operation oI tracks belonging to Iederal railways as well as the imposition oI
charges Ior the use oI such tracks; Matrix 5. Preservation of Pre-existing Local Laws U.S. (1776)
Canada (1867) Australia (1901) Germany (1949) Section 64. - The Constitution oI the Executive
Authority in each oI the Provinces oI Nova Scotia and New Brunswick shall, subject to the Provisions
oI this Act, continue as it exists at the Union until altered under the Authority oI this Act. Section 88. The Constitution oI the Legislature oI each oI the Provinces oI Nova Scotia and New Brunswick
shall, subject to the Provisions oI this Act, continue as it exists at the Union until altered under the
Authority oI this Act. Section 106. - The Constitution oI each State oI the Commonwealth shall,
subject to this Constitution, continue as at the establishment oI the Commonwealth, or as at the
admission or establishment oI the State, as the case may be, until altered in accordance with the
Constitution oI the State. Section 107. - Every power oI the Parliament oI a Colony which has
become or becomes a State, shall, unless it is by this Constitution exclusively vested in the
Parliament oI the Commonwealth or Article 28. - Federal guarantee oI Land constitutions and oI local

selI-government 1. The constitutional order in the Lnder must conIorm to the principles oI a
republican, democratic, and social state governed by the rule oI law, within the meaning oI this Basic
Law. In each Land, county, and municipality the people shall be represented by a body chosen in
general, direct, Iree, equal, and secret elections. In county and municipal elections, persons who
possess citizenship in any member state oI the European Community are also UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 156 Section 122. The Customs and Excise Laws oI
each Province shall, subject to the Provisions oI this Act, continue in Iorce until altered by the
Parliament oI Canada. Section 129 - Except as otherwise provided by this Act, all Laws in Iorce in
Canada, Nova Scotia, or New Brunswick at the Union, and all Courts oI Civil and Criminal
Jurisdiction, and all legal Commissions, Powers, and Authorities, and all OIIicers, Judicial,
Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova
Scotia, and New Brunswick respectively, as iI the Union had not been made; subject nevertheless
(except with respect to such as are enacted by or exist under Acts oI the Parliament oI Great Britain
or oI the Parliament oI the United Kingdom oI Great Britain and Ireland), to be repealed, abolished,
or altered by the Parliament oI Canada, or by the Legislature oI the respective Province, according
to the Authority oI the Parliament or oI that Legislature under this Act. withdrawn Irom the Parliament
oI the State, continue as at the establishment oI the Commonwealth, or as at the admission or
establishment oI the State, as the case may be. Section 108. - Every law in Iorce in a Colony which
has become or becomes a State, and relating to any matter within the powers oI the Parliament oI
the Commonwealth, shall, subject to this Constitution, continue in Iorce in the State; and, until
provision is made in that behalI by the Parliament oI the Commonwealth, the Parliament oI the State
shall have such powers oI alteration and oI repeal in respect oI any such law as the Parliament oI
the Colony had until the Colony became a State. eligible to vote and to be elected in accord with
European Community law. In municipalities a local assembly may take the place oI an elected body.
2. Municipalities must be guaranteed the right to regulate all local aIIairs on their own responsibility,
within the limits prescribed by the laws. Within the limits oI their Iunctions designated by a law,
associations oI municipalities shall also have the right oI selI-government according to the laws. The
guarantee oI selI- government shall extend to the bases oI Iinancial autonomy; these bases shall
include the right oI municipalities to a source oI 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 oI the Lnder conIorms to the basic rights and to the provisions oI
paragraphs 1 and 2 oI this Article. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
157 Section 130. - Until the Parliament oI Canada otherwise provides, all OIIicers oI the several
Provinces having Duties to discharge in relation to Matters other than those coming within the
Classes oI Subjects by this Act assigned exclusively to the Legislatures oI the Provinces shall be
OIIicers oI Canada, and shall continue to discharge the Duties oI their respective OIIices under the
same Liabilities, Responsibilities, and Penalties as iI the Union had not been made. Matrix 6.
Significant Powers of the Local Legislatures U.S. (1776) Canada (1867) Australia (1901) Germany
(1949) Local Land, Asset, Property Article IV, Section 3, Paragraph 1. - New States may be admitted
by the Congress into this Union; but no new State shall be Iormed or erected within the Jurisdiction
oI any other State; nor any State be Iormed by the Junction oI two or more States, or Parts oI States,
without the Consent oI the Legislatures oI the States concerned as well as oI the Congress. Section
109. - All Lands, Mines, Minerals, and Royalties belonging to the several Provinces oI Canada, Nova
Scotia, and New Brunswick at the Union, and all Sums then due or payable Ior such Lands, Mines,
Minerals, or Royalties, shall belong to the several Provinces oI Ontario, Quebec, Nova Scotia, and
New Brunswick in which the same are situate or arise, subject to any Trusts Section 85. - When any

department oI the public service oI a State is transIerred to the Commonwealth: (i) all property oI the
State oI any kind, used exclusively in connection with the department, shall become vested in the
Commonwealth; but, in the case oI the departments controlling customs and excise and bounties, Ior
such time only as the Governor- General in Council may declare to be Article 134. - Reich assets 2.
The assets oI Lnder or other public-law corporations or institutions that no longer exist, insoIar as
they were originally intended to be used principally Ior administrative tasks or are now being so
used, not merely temporarily, shall pass to the Land, corporation, or institution that now perIorms
those tasks. 3. Real property oI UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 158
existing in respect thereoI, and to any Interest other than that oI the Province in the same. Section
117. - The several Provinces shall retain all their respective Public Property not otherwise disposed
oI in this Act, subject to the Right oI Canada to assume any Lands or Public Property required Ior
FortiIications or Ior the DeIence oI the Country. necessary; (ii) the Commonwealth may acquire any
property oI the State, oI any kind used, but not exclusively used in connexion with the department;
the value thereoI shall, iI no agreement can be made, be ascertained in, as nearly as may be, the
manner in which the value oI land, or oI an interest in land, taken by the State Ior public purposes is
ascertained under the law oI the State in Iorce at the establishment oI the Commonwealth; (iii) the
Commonwealth shall compensate the State Ior the value oI any property passing to the
Commonwealth under this section; iI no agreement can be made as to the mode oI compensation, it
shall be determined under laws to be made by the Parliament; (iv) the Commonwealth shall, at the
date oI the transIer, assume the current obligations oI the State in respect oI the department
transIerred. Lnder that no longer exist, including appurtenances, shall pass to the Land within
which it is located, insoIar as it is not among the assets already reIerred to in paragraph 1 oI this
Article. 4. InsoIar as an overriding interest oI the Federation or the particular interest oI a region
requires, a Iederal law may depart Irom the rules prescribed by paragraphs 1 to 3 oI this Article. 5. In
all other respects, the succession to and disposition oI assets, insoIar as it has not been eIIected
beIore January 1, 1952 by agreement between the aIIected Lnder or corporations or institutions
established under public law, shall be regulated by a Iederal law requiring the consent oI the
Bundesrat. 6. Holdings oI the Iormer Land oI Prussia in enterprises established under private law
shall pass to the Federation. 7. InsoIar as assets that on the eIIective date oI this Basic Law would
devolve upon a Land or a corporation or institution established under public law pursuant to
paragraphs 1 to 3 oI this Article have been UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 159 disposed oI by or pursuant to a Land law or in any other manner by the party thus
entitled, the transIer oI assets shall be deemed to have taken place beIore 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 oI Subjects
next hereinaIter enumerated; that is to say, 5. The Management and Sale oI the Public Lands
belonging to the Province and oI the Timber and Wood thereon. Article 74, Paragraph 1,
Subparagraph 15. - 1. Concurrent legislative powers shall extend to the Iollowing subjects: 15. The
transIer oI land, natural resources, and means oI production to public ownership or other Iorms oI
public enterprise; Agriculture Undelegated 43 Section 95. - In each 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 oI Canada may Irom Time to Time make Laws in relation to
Agriculture in all or any oI the Provinces, and to Immigration into all or any oI the Provinces; and any
Law oI the Undelegated Article 74. Paragraph 17. - The promotion oI agricultural production and
Iorestry, ensuring the adequacy oI the Iood supply, the importation and exportation oI agricultural
and Iorestry products, deep-sea and coastal Iishing, and preservation oI the coasts; 43 For those

with undelegated please see Matrix 12 Ior Provisions handling Gray Areas.. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 160 Legislature oI a Province relative to Agriculture or
to Immigration shall have eIIect in and Ior the Province as long and as Iar only as it is not repugnant
to any Act oI the Parliament oI Canada. Education Undelegated Section 93. - In and Ior each
Province the Legislature may exclusively make Laws in relation to Education, subject and according
to the Iollowing Provisions: Undelegated Article 74. Paragraph 13. - The regulation oI educational
and training grants and the promotion oI research; Direct Taxation Exclusive to Federation Section
92, Subsection 2. - Direct Taxation within the Province in order to the raising oI a Revenue Ior
Provincial Purposes. Section 92, Subsection 9. - Shop, Saloon, Tavern, Auctioneer, and other
Licences in order to the raising oI a Revenue Ior Provincial, Local, or Municipal Purposes. Section
92A. - (1) In each province, the legislature may exclusively make laws in relation to (a) exploration
Ior non-renewable natural resources in the province; (b) development, conservation and
management oI nonrenewable natural resources and Exclusive to Federation Article 105, Paragraph
2a. - The Lnder shall have power to legislate with respect to local taxes on consumption and
expenditures so long and insoIar as they are not substantially similar to taxes imposed by a Iederal
law. 106 Paragraph 2. - Revenue Irom the Iollowing 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 oI this Article; 5. The beer tax; 6. The tax on UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 161 Iorestry resources in the province, including laws in relation to the
rate oI primary production thereIrom; and (c) development, conservation and management oI sites
and Iacilities in the province Ior the generation and production oI electrical energy. (2) In each
province, the legislature may make laws in relation to the export Irom the province to another part oI
Canada oI the primary production Irom non-renewable natural resources and Iorestry resources in
the province and the production Irom Iacilities in the province Ior the generation oI electrical energy,
but such laws may not authorize or provide Ior discrimination in prices or in supplies exported to
another part oI Canada. (3) Nothing in subsection (2) derogates Irom the authority oI Parliament to
enact laws in relation to the matters reIerred to in that subsection and, where such a law oI
Parliament and a law oI a province conIlict, the law oI Parliament prevails to the extent oI the
conIlict. (4) In each province, the legislature may gambling establishments. Section 106, Paragraph
3. - Revenue Irom income taxes, corporation taxes, and turnover taxes shall accrue jointly to the
Federation and the Lnder (joint taxes) to the extent that the revenue Irom the income tax and the
turnover tax is not allocated to municipalities pursuant to paragraphs 5 and 5a oI this Article. The
Federation and the Lnder shall share equally the revenues Irom income taxes and corporation
taxes. The respective shares oI the Federation and the Lnder in the revenue Irom the turnover tax
shall be determined by a Iederal law requiring the consent oI the Bundesrat. Such determination
shall be based on the Iollowing principles: 1. The Federation and the Lnder shall have an equal
claim against current revenues to cover their necessary expenditures. The extent oI such
expenditures shall be determined with due regard to multi-year Iinancial planning. 2. The Iinancial
requirements oI the Federation and oI the Lnder shall be UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 162 make laws in relation to the raising oI money by any mode or
system oI taxation in respect oI (a) non-renewable natural resources and Iorestry resources in the
province and the primary production thereIrom, and (b) sites and Iacilities in the province Ior the
generation oI electrical energy and the production thereIrom, whether or not such production is
exported in whole or in part Irom the province, but such laws may not authorize or provide Ior
taxation that diIIerentiates between production exported to another part oI Canada and production

not exported Irom the province. (5) The expression 'primary production has the meaning assigned
by the Sixth Schedule. (6) Nothing in subsections (1) to (5) derogates Irom any powers or rights that
a legislature or government oI a province had immediately beIore the coming into Iorce oI this
section. coordinated in such a way as to establish a Iair balance, avoid excessive burdens on
taxpayers, and ensure uniIormity oI living standards throughout the Iederal territory. In determining
the respective shares oI the Federation and the Lnder in the revenue Irom the turnover tax,
reductions in revenue incurred by the Lnder Irom January 1, 1996 because oI the provisions made
with respect to children in the income tax law shall also be taken into account. 4. The respective
shares oI the Federation and the Lnder in the revenue Irom the turnover tax shall be apportioned
anew whenever the ratio oI revenues to expenditures oI the Federation becomes substantially
diIIerent Irom that oI the Lnder; reductions in revenue that are taken into account in determining the
respective shares oI revenue Irom the turnover tax under the IiIth sentence oI paragraph 3 oI this
Article shall not be considered in this regard. II a Iederal law imposes additional expenditures on or
withdraws revenue Irom the Lnder, the additional burden may be compensated Ior by Iederal grants
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 163 pursuant to a Iederal law
requiring the consent oI the Bundesrat, provided the additional burden is limited to a short period oI
time. This law shall establish the principles Ior calculating such grants and distributing them among
the Lnder. 5. A share oI the revenue Irom the income tax shall accrue to the municipalities, to be
passed on by the Lnder to their municipalities on the basis oI the income taxes paid by their
inhabitants. 5a. From and aIter January 1, 1998, a share oI the revenue Irom the turnover tax shall
accrue to the municipalities. It shall be passed on by the Lnder to their municipalities on the basis
oI a Iormula reIlecting geographical and economic Iactors. 6. Revenue Irom taxes on real property
and trades shall accrue to the municipalities; revenue Irom local taxes on consumption and
expenditures shall accrue to the municipalities or, as may be provided Ior by Land legislation, to
associations oI municipalities. Municipalities shall be authorized to establish the rates at
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 164 which taxes on real property
and trades are levied, within the Iramework oI the laws. II there are no municipalities in a Land,
revenue Irom taxes on real property and trades as well as Irom 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 oI revenue Irom the income tax and the turnover tax
may be taken as a basis Ior calculating the amount oI apportionment. 7. An overall percentage oI the
Land share oI total revenue Irom joint taxes, to be determined by Land legislation, shall accrue to the
municipalities or associations oI municipalities. In all other respects Land legislation shall determine
whether and to what extent revenue Irom Land taxes shall accrue to municipalities (associations oI
municipalities). 8. II in individual Lnder or municipalities (associations oI municipalities) the
Federation requires special Iacilities to be established that directly result in an UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 165 increase oI expenditure or in reductions in
revenue (special burden) to these Lnder or municipalities (associations oI municipalities), the
Federation shall grant the necessary compensation iI and insoIar as the Lnder or municipalities
(associations oI municipalities) cannot reasonably be expected to bear the burden. In granting such
compensation, due account shall be taken oI indemnities paid by third parties and Iinancial beneIits
accruing to these Lnder or municipalities (associations oI municipalities) as a result oI the
establishment oI such Iacilities. Matrix 7. Federal Power over Foreign Affairs U.S. (1776) Canada
(1867) Australia (1901) Germany (1949) Article 1, Section 8. The Congress shall have power to.
regulate commerce with Ioreign nations Article 1, Section 10, Par. 3.. No State shall, without the
Consent oI Congress. enter into any agreement or compact with another state, or with a Ioreign

power. Article 2, Section 3. |the president| shall receive Ambassadors Section 132. The Parliament
and Government oI Canada shall have all Powers necessary or proper Ior perIorming the
Obligations oI Canada or oI any Province thereoI, as Part oI the British Empire, towards Foreign
Countries, arising under Treaties between the Empire and such Foreign Countries. Section 51 (i).
Parliament shall have power to make laws Ior trade and commerce with other countries. Section 75
(i). Original Jurisdiction oI the Hight Court in all matters arising Irom any treaty. Article 32. - 1.
Relations with Ioreign states shall be conducted by the Federation. 2. BeIore the conclusion oI a
treaty aIIecting the special circumstances oI a Land, that Land shall be consulted in timely Iashion.
3. InsoIar as the Lnder have power to legislate, they may conclude treaties with Ioreign states with
the UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 166 and other public Ministers
consent oI the Federal Government. Matrix 8. Local 1udicial Authority U.S. (1776) Canada (1867)
Australia (1901) Germany (1949) Article III, Section 2, Paragraph 3. - The Trial oI all Crimes, except
in Cases oI 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. Article 80. - The trial on indictment
oI any oIIence against any law oI the Commonwealth shall be by jury, and every such trial shall be
held in the State where the oIIence was committed, and iI the oIIence was not committed within any
State the trial shall be held at such place or places as the Parliament prescribes. Matrix 9.
Delineation of Sources of Revenues U.S. (1776) Canada (1867) Australia (1901) Germany (1949)
Consolidated Revenue Funds Section 103 The Consolidated Revenue Fund oI Canada shall be
permanently charged with the Costs, Charges, and Expenses incident to the Collection,
Management, and Receipt thereoI, and the same shall Iorm the First Charge thereon, subject to be
reviewed and audited in such Manner as shall be ordered by the Governor General in Council until
the Parliament otherwise provides. Section 104. The Section 81. - All revenues or moneys raised or
received by the Executive Government oI the Commonwealth shall Iorm one Consolidated Revenue
Fund, to be appropriated Ior the purposes oI the Commonwealth in the manner and subject to the
charges and liabilities imposed by this Constitution. Section 87, Paragraph 2. - The balance shall, in
accordance with this Constitution, be paid to the several UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 167 annual Interest oI the Public Debts oI the several Provinces oI
Canada, Nova Scotia, and New Brunswick at the Union shall Iorm the Second Charge on the
Consolidated Revenue Fund oI Canada. Section 105. Unless altered by the Parliament oI Canada,
the Salary oI the Governor General shall be Ten thousand Pounds Sterling Money oI the United
Kingdom oI Great Britain and Ireland, payable out oI the Consolidated Revenue Fund oI Canada,
and the same shall Iorm the Third Charge thereon. Section 106. Subject to the several Payments by
this Act charged on the Consolidated Revenue Fund oI Canada, the same shall be appropriated by
the Parliament oI Canada Ior the Public Service. States, or applied towards the payment oI interest
on debts oI the several States taken over by the Commonwealth. Section 105. - The Parliament may
take over Irom the States their public debts, or a proportion thereoI according to the respective
numbers oI their people as shown by the latest statistics oI the Commonwealth, and may convert,
renew, or consolidate such debts, or any part thereoI; and the States shall indemniIy the
Commonwealth in respect oI the debts taken over, and thereaIter the interest payable in respect oI
the debts shall be deducted and retained Irom the portions oI the surplus revenue oI the
Commonwealth payable to the several States, or iI such surplus is insuIIicient, or iI there is no
surplus, then the deIiciency or the whole amount shall be paid by the several States. Section 3. Salary oI Governor-General payable out oI the Consolidated Revenue Iund Section 66. - Salaries oI
Ministers payable out oI the Consolidated Revenue UNIVERSITY OF SANTO TOMAS GRADUATE

SCHOOL PAGE 168 Fund. Prohibition on Preferences in Commerce Between States Article I,
Section 9, Paragraph 6. - No PreIerence shall be given by any Regulation oI Commerce or Revenue
to the Ports oI one State over those oI another; nor shall Vessels bound to, or Irom, one State, be
obliged to enter, clear, or pay Duties in another. Section 99. - The Commonwealth shall not, by any
law or regulation oI trade, commerce, or revenue, give preIerence to one State or any part thereoI
over another State or any part thereoI. Finance, Sources of Revenue: Federal Sources Article I,
Section 8. - The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide Ior the common DeIence and general WelIare oI the United States; but
all Duties, Imposts and Excises shall be uniIorm throughout the United States; Section 91,
Subsection 3. - It shall be lawIul Ior the Queen, by and with the Advice and Consent oI the Senate
and House oI Commons, to make Laws Ior the Peace, Order, and good Government oI Canada, in
relation to all Matters not coming within the Classes oI Subjects by this Act assigned exclusively to
the Legislatures oI the Provinces; and Ior greater Certainty, but not so as to restrict the Generality oI
the Ioregoing Terms oI this Section, it is hereby declared that (notwithstanding anything in this Act)
the exclusive Legislative Authority oI the Parliament oI Canada extends to all Matters coming within
the Classes oI Subjects next hereinaIter enumerated; that is to Section 51, Subsection (ii). - The
Parliament shall, subject to this Constitution, have power to make laws Ior the peace, order, and
good government oI the Commonwealth with respect to: (ii) taxation; but so as not to discriminate
between States or parts oI States; Section 86. - On the establishment oI the Commonwealth, the
collection and control oI duties oI customs and oI excise, and the control oI the payment oI bounties,
shall pass to the Executive Government oI the Commonwealth. Section 88. - UniIorm duties oI
customs shall be imposed within two years aIter the establishment oI the Commonwealth. Sections
81. All Article 105, Paragraph 1. - The Federation shall have exclusive power to legislate with respect
to customs duties and Iiscal monopolies. Article 105, Paragraph 2. - The Federation shall have
concurrent power to legislate with respect to all other taxes the revenue Irom which accrues to it
wholly or in part or as to which the conditions provided Ior in paragraph 2 oI Article 72 apply. Article
106, Paragraph 1. - The yield oI Iiscal monopolies and the revenue Irom the Iollowing taxes shall
accrue to the Federation: 1. Customs duties; 2. Taxes on consumption insoIar as they do not accrue
to the Lnder pursuant to paragraph 2, or UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 169 say, 3. The raising oI Money by any Mode or System oI Taxation. revenues or moneys
raised or received by the Executive Government oI the Commonwealth shall Iorm one Consolidated
Revenue Fund, to be appropriated Ior the purposes oI 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 oI the Consolidated Revenue Fund
shall Iorm the Iirst charge thereon; and the revenue oI the Commonwealth shall in the Iirst instance
be applied to the payment oI the expenditure oI the Commonwealth. Sections 85 105A. (other
procedures allocations oI Iunds.) jointly to the Federation and the Lnder in accordance with
paragraph 3, or to municipalities in accordance with paragraph 6 oI this Article; 3. The highway
Ireight tax; 4. The taxes on capital transactions, insurance, and bills oI exchange; 5. Nonrecurring
levies on property and equalization oI burdens levies; 6. Income and corporation surtaxes; 7. Levies
imposed within the Iramework oI the European Communities. Finance, Sources of Revenue:
Local/Direct Sources (See Matrix 6. Direct Taxation) Matrix 10. Affirmation of the Union of the
Federation U.S. (1776) Canada (1867) Australia (1901) Germany (1949) Preamble - We the People
oI the United States, in Order to Iorm a more perIect Union, establish Justice, insure domestic
Tranquility, provide Ior the common deIense, promote the general Preamble - An Act Ior the Union oI
Canada, Nova Scotia, and New Brunswick, and the Government thereoI; and Ior Purposes

connected therewith Whereas the Provinces oI Canada, Nova Scotia, and New Preamble - Germans
in the Lnder oI Baden-Wrttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse,
Lower Saxony, Mecklenburg- Western Pomerania, North Rhine- UNIVERSITY OF SANTO TOMAS
GRADUATE SCHOOL PAGE 170 WelIare, and secure the Blessings oI Liberty to ourselves and our
Posterity, do ordain and establish this Constitution Ior the United States oI America. Brunswick have
expressed their Desire to be Iederally united into One Dominion under the Crown oI the United
Kingdom oI Great Britain and Ireland, with a Constitution similar in Principle to that oI the United
Kingdom: And whereas such a Union would conduce to the WelIare oI the Provinces and promote
the Interests oI the British Empire: And whereas on the Establishment oI the Union by Authority oI
Parliament it is expedient, not only that the Constitution oI the Legislative Authority in the Dominion
be provided Ior, but also that the Nature oI the Executive Government therein be declared: And
whereas it is expedient that Provision be made Ior the eventual Admission into the Union oI other
Parts oI British North America: Section 3. - It shall be lawIul Ior the Queen, by and with the Advice oI
Her Majesty`s Most Honourable Privy Council, to declare by Proclamation that, on and aIter a Day
therein appointed, not being more than Six Months aIter the passing oI this Act, Westphalia,
Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein, and Thuringia have
achieved the unity and Ireedom oI Germany in Iree selI- determination. This Basic Law thus applies
to the entire German people. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 171
the Provinces oI Canada, Nova Scotia, and New Brunswick shall Iorm and be One Dominion under
the Name oI Canada; and on and aIter that Day those Three Provinces shall Iorm and be One
Dominion under that Name accordingly. Matrix 11. Constitution Amendment Through the Federal
Legislature Article V. - The Congress, whenever two thirds oI both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application oI the Legislatures oI two thirds
oI the several States, shall call a Convention Ior proposing Amendments, which, in either Case, shall
be valid to all Intents and Purposes, as Part oI this Constitution, when ratiIied by the Legislatures oI
three Iourths oI the several States, or by Conventions in three Iourths thereoI, as the one or the
other Mode oI RatiIication 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 aIIect the
Iirst and Iourth Clauses in the Schedule B. Constitution Act (1982), Part V, Section 38, Subsection
(1), (a). - An amendment to the Constitution oI Canada may be made by proclamation issued by the
Governor General under the Great Seal oI Canada where so authorized by (a) resolutions oI the
Senate and House oI Commons; Section 128. - This Constitution shall not be altered except in the
Iollowing manner: The proposed law Ior the alteration thereoI must be passed by an absolute
majority oI each House oI the Parliament, and not less than two nor more than six months aIter its
passage through both Houses the proposed law shall be submitted in each State and Territory to the
electors qualiIied to vote Ior the election oI members oI the House oI 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 qualiIication oI electors oI members oI the House oI Representatives
becomes uniIorm 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 oI an international
treaty respecting a peace settlement, the preparation oI a peace settlement, or the phasing out oI an
occupation regime, or designed to promote the deIense oI the Federal Republic, it shall be suIIicient,
Ior the purpose oI making clear that the provisions oI this Basic Law do not preclude the conclusion
and entry into Iorce oI the treaty, to add language to the Basic Law that merely makes this
clariIication. 2. Any such law shall be carried by two thirds oI the Members oI the Bundestag and two
thirds oI the votes oI the Bundesrat. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE

172 Ninth Section oI the Iirst Article; and that no State, without its Consent, shall be deprived oI its
equal SuIIrage in the Senate. one-halI the electors voting Ior and against the proposed law shall be
counted in any State in which adult suIIrage prevails. And iI in a majority oI the States a majority oI
the electors voting approve the proposed law, and iI a majority oI all the electors voting also approve
the proposed law, it shall be presented to the Governor-General Ior the Queen`s 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
oI Canada may be made by proclamation issued by the Governor General under the Great Seal oI
Canada where so authorized by (b) resolutions oI the legislative assemblies oI at least two-thirds oI
the provinces that have, in the aggregate, according to the then latest general census, at least IiIty
per cent oI the population oI all the provinces. Matrix 12. The 1udicature U.S. (1776) Canada (1867)
Australia (1901) Germany (1949) Independence Through Manner of Appointment Article II, Section
2, Section 72, Article 94, Paragraph UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
173 Paragraph 2. He (The President) 44 shall have Power, by and with the Advice and Consent oI
the Senate, to make Treaties, provided two thirds oI the Senators present concur; and he shall
nominate, and by and with the Advice and Consent oI the Senate, shall appoint Ambassadors, other
public Ministers and Consuls, Judges oI the supreme Court, Subsection (i) - (ii). - The Justices oI the
High Court and oI 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 Irom both Houses oI the Parliament in the same session, praying Ior such removal on the
ground oI proved misbehaviour or incapacity; 1. - The Federal Constitutional Court shall consist oI
Iederal judges and other members. HalI the members oI the Federal Constitutional Court shall be
elected by the Bundestag and halI by the Bundesrat. They may not be members oI the Bundestag,
oI the Bundesrat, oI the Federal Government, or oI any oI the corresponding bodies oI a Land.
Article 97, Paragraph 2. - Judges appointed permanently to Iull- time positions may be involuntarily
dismissed, permanently or temporarily suspended, transIerred, or retired beIore the expiration oI
their term oI oIIice only by virtue oI judicial decision and only Ior the reasons and in the manner
speciIied by the laws. The legislature may set age limits Ior the retirement oI judges appointed Ior
liIe. In the event oI changes in the structure oI courts or in their districts, judges may be transIerred
to another court or removed Irom oIIice, provided they retain their Iull salary. Independence Through
Protection of Salary Article III, Section 1. Section 72, Article 97, Paragraph 44 Text in parentheses
added by researcher. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 174 - The
Judges, both oI the supreme and inIerior Courts, shall hold their OIIices during good Behaviour, and
shall, at stated Times, receive Ior their Services, a Compensation, which shall not be diminished
during their Continuance in OIIice. Subsection (iii). - (iii) shall receive such remuneration as the
Parliament may Iix; but the remuneration shall not be diminished during their continuance in oIIice. 1.
- Judges shall be independent and subject only to the law. Powers as Adjudicators Between a Local
State and another Local State; and Between a Local State and the Federal State Article III, Section
2, - The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,
the Laws oI the United States, and Treaties made, or which shall be made, under their Authorityto
Controversies to which the United States shall be a Party;to Controversies between two or more
States;between a State and Citizens oI another State; between Citizens oI diIIerent States; between
Citizens oI the same State claiming Lands under Grants oI diIIerent States, and between a State, or
the Citizens thereoI, and Ioreign 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 beIore Section 75, Subsection (iii) and (iv). - Original jurisdiction oI High

Court In all matters: (iii) in which the Commonwealth, or a person suing or being
sued on behalI oI the Commonwealth, is a party; (iv) between States, or between
residents oI diIIerent States, or between a State and a resident oI another State;
Article 93, Paragraph 1, Subparagraphs 2, 1. The Federal Constitutional Court shall
rule: Subparagraphs 2, 2a, 3, 4, and 4b. 2. In the event oI disagreements or doubts
respecting the Iormal or substantive compatibility oI Iederal law or Land law with
this Basic Law, or the compatibility oI Land law with other Iederal law, on application
oI the Federal Government, oI a Land government, or oI one third oI the Members oI
the Bundestag; 2a. In the event oI disagreements whether a law meets the
requirements oI paragraph 2 oI Article 72, on application oI the Bundesrat or oI the
government or legislature oI a Land; 3. In the event oI disagreements respecting the
rights and duties oI the UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
175 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. Federation and the Lnder, especially in the execution oI Iederal law by the
Lnder and in the exercise oI Iederal oversight; 4. On other disputes involving public
law between the Federation and the Lnder, between diIIerent Lnder, or within a
Land, unless there is recourse to another court; 4b. on constitutional complaints
Iiled by municipalities or associations oI municipalities on the ground that their right
to selI-government under Article 28 has been inIringed by a law; in the case oI
inIringement by a Land law, however, only iI the law cannot be challenged in the
constitutional court oI the Land; Matrix 12. Provisions Handling Gray Areas U.S.
(1776) Canada (1867) Australia (1901) Germany (1949) 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. Section 92,
Subsection 16. - In each Province the Legislature may exclusively make Laws in
relation to Matters coming within the Classes oI Subjects next hereinaIter
enumerated
hat is to say, 16. Generally all Matters oI a merely local or private Nature in the
Province. Section 107. - Every power oI the Parliament oI a Colony which has
become or becomes a State, shall, unless it is by this Constitution exclusively
vested in the Parliament oI the Commonwealth or withdrawn Irom the Parliament oI
the State, continue as at the establishment oI the Commonwealth, Article 30. Except as otherwise provided or permitted by this Basic Law, the exercise oI state
powers and the discharge oI state Iunctions is a matter Ior the Lnder. Article 70, 1. The Lnder shall have the right to legislate insoIar as this Basic Law does not
conIer UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 176 Section 91,
paragraph immediately aIter Subsection 29. - It shall be lawIul Ior the Queen, by and
with the Advice and onsent oI the Senate and House oI Commons, to make Laws Ior
the Peace, Order, and good Government oI Canada, in relation to all Matters not
coming within the Classes oI Subjects by this Act assigned exclusively to the
Legislatures oI the Provinces; and Ior greater Certainty, but not so as to restrict the
Generality oI the Ioregoing Terms oI this Section, it is hereby declared that

(notwithstanding anything in this Act) the exclusive Legislative Authority oI the


Parliament oI Canada extends to all Matters coming within the Classes oI Subjects
next hereinaIter enumerated; that is to say, 29. Such Classes oI Subjects as are
expressly excepted in the Enumeration oI the Classes oI Subjects by this Act assigned exclusively to
the Legislatures oI the Provinces. And any Matter coming within any oI the Classes oI Subjects
enumerated in this Section shall not be deemed to come within the Class oI or as at the
admission or establishment oI the State, as the case may be. Section 108. - Every
law in Iorce in a Colony which has become or becomes a State, and relating to any
matter within the powers oI the Parliament oI the Commonwealth, shall, subject to
this Constitution, continue in Iorce in the State; and, until provision is made in that
behalI by the Parliament oI the Commonwealth, the Parliament oI the State shall
have such powers oI alteration and oI repeal in respect oI any such law as the
Parliament oI the Colony had until the Colony became a State. Section 109. - When
a law oI a State is inconsistent with a law oI the Commonwealth, the latter shall
prevail, and the Iormer shall, to the extent oI the inconsistency, be invalid.
legislative power on the Federation. 2. The division oI authority between the
Federation and the Lnder shall be governed by the provisions oI this Basic Law
respecting exclusive and concurrent legislative powers. Article 71. - On matters
within the exclusive legislative power oI 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 Iederal 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 iI and to the extent that
the establishment oI equal living conditions throughout the Iederal territory or the
maintenance oI legal or economic unity renders Iederal regulation necessary in the
national interest. 3. A Iederal law may provide that Iederal UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 177 Matters oI a local or private Nature comprised
in the Enumeration oI the Classes oI Subjects by this Act assigned exclusively to the
Legislatures oI the Provinces. legislation that is no longer necessary within the
meaning oI paragraph 2 oI this Article may be superseded by Land law. Article 105,
(See Matrix 4. Taxation; And Matrix 6. Finance, Sources oI Revenue: Federal Sources
Article 115c.- 1. The Federation shall have the right to legislate concurrently Ior a
state oI deIense even with respect to matters within the legislative powers oI the
Lnder. Such laws shall require the consent oI the Bundesrat. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 178 CURRICULUM VITAE Ronald Maglaqui Castillo
attended two Catholic Institutions: Notre Dame oI Greater Manila and the Royal and
PontiIical University oI Santo Tomas. He was awarded a Bachelor oI Arts (Political
Science) at the college Iounded by the late President Jose P. Laurel Lyceum oI the
Philippines. And he achieved his Master oI Arts (Political Science) at the Graduate
School oI the University oI Santo Tomas. He completed his practicum at the
Philippine Senate among the Legislative Committee Secretaries. As a Civil Servant
(Career Service ProIessional) he has served as Executive StaII to one oI the

Departments oI Caloocan City Government. Currently, he teaches the Iollowing


subjects, at La Consolacion College Caloocan: Philippine Constitution and History,
Logic and Ethics, Research Methodology and Statistics. As a hobby, he successIully
coached the Lyceum Debate Society Ior three consecutive years, and was inducted
to its Hall oI Legends in March 2006. He also was a judge on Asian Parliamentary
Debate in national inter-collegiate UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 179 competitions, and was ranked among the Philippines top
adjudicators at the Philippine Daily Inquirer Inter-collegiate Debating Championship
45 . 45 '3 rd Inquirer Inter-collegiate Debating Championship, Quezon City:
University oI the Philippines. January 30 February 3, 2004. '4 th Inquirer Intercollegiate Debating Championship, Quezon City: University oI the Philippines.
February 26 March 1, 2005.

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