PAGE viii 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.
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
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 selIgovernment. 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 1896-1899). 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 deconcentration 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 deconcentration. 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. SelI-rule 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 'byarea 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 sociopolitical 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 deconcentration 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
socio-political or ethno-linguistic group within a political system. A political system may
contain several socio- political/ethno-linguistic groupings, thus it may exhibit a varied,
sometimes 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 subnational 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 intrasovereign 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 selI-governance 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,
E-government 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 E-government 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 an eIIect 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 c
nstituents 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 deconcentration 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 twenty-Iour (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 Preexisting 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 preUnion 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 preexisting 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 selIdetermination. 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,
Amendment X (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 Parliame
ts 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) SaxonyAnhalt, 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-worldIactbook/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-satellite-image.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.mapoI-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 socioeconomic 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 Indo-European 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 SchleswigHolstein, 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 lowincome 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 sociopolitical 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 subconclusions; 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 nonadvocacy 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. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
137 BIBLIOGRAPHY A. Primary Sources 1. Local Laws: Constitution oI the Republic
oI the Philippines, 1899. Constitution oI the Republic oI the Philippines, 1935.
Constitution oI the Republic oI the Philippines, 1973. Constitution oI the Republic oI the
Philippines, 1987. 2. Foreign Laws: Constitution oI the United States oI America, 1789
(as amended 1992). Constitution oI Canada, 1867 (written constitution) (as amended

1999). Constitution oI the Commonwealth oI Australia, 1900 (as amended 1977). German
Federal Republic Constitution oI 1949 (with Amendments through 2000). A. Secondary
Sources 1. Books: Aquinas, St. Thomas. 'Summa Theologiae IaIIae Q 97: OI Change in
the Laws. In Aquinas. Political Writings. Ed. R.W. Dyson. Cambridge: Cambridge
University Press, 2002. Bernas S.J., Joaquin. The 1987 Constitution of the Republic of
the Philippines. A Commentarv. Manila: Rex Book Store, 2003. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 138 Bertsch, Gary K. et. al. Comparing
Political Svstems. Power and Policv in the New World Order. New York: Macmillian
Publishing Company, 1991. Blacks Law Dictionarv. Ed. Garner, Bryan A. United States
oI America: West Publishing Co., 2009. Burnham, Peter, et. al. Research Methods in
Politics. New York: Palgrave Macmillan, 2004. Canada: Constitutional Act oI 1982, art
52 (1), in Tanguay, J. Fernand. Canada at 125, Evolution of a Democracv. Montreal, Ed.
Meridien, 1992. De Leon, Hector. Textbook on the Philippine Constitution. Manila: Rex
Book Store inc., 2008. Elazar, Daniel Exploring Federalism. Tuscaloosa: University oI
Alabama Press, 1987. Flora, Peter et. al. Eds. State Formation, Nation Building and Mass
Politics in Europe. the Theorv of Stein Rokkan. New York: OxIord University Press,
1999. Gerston, Larry N. American Federalism. A Concise Introduction. New York: M.E.
Sharpe, Inc., 2007. Gorsey, Eugene A. How Canadians Govern Themselves. 6 th Ed.
Canada: Library oI Parliament Publication, 2005. Hamilton, Alexander. 'The Federalist,
No. 79, as compiled in The Federalist Papers A Penn State Electronic Classics Series
Publication. Pennsylvania: Pennsylvania State University 2001. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 139 Hernandez, Carolina G.
'Philippines. In The Oxford Companion to the Politics of the World. Ed. Joel Krieger.
New York: OxIord University Press, 1993. Hobbes, Thomas. 'On the Citizen. In Hobbes,
On the Citi:en. Ed. By Richard Tuck and Michael Silverthorne. Cambridge: Cambridge
university Press, 1998. Jones, Martin, Rhys Jones and Michael Words. An Introduction to
Political Geographv. Space, Place and Politics. London: Routledge, 2004. Kincaid, John.
'Three Faces oI Contemporary American Federalism, The Federal Nation. Perspectives
on American Federalism. Eds. Iwan W. Morgan and Philip J. Davies. New York: Palgrave
Macmillan, 2008. Lipson. Leslie. The Great Issues of Politics. An Introduction to
Political Science. 10 th ed. New Jersey: Simon and Schuster, 1997. Locke, John. In
Locke, Politica
Essavs. Ed. Mark Goldie. Cambridge: Cambridge, 1997. ---. 'The Second treatise oI
Government. In Spector, Horacio. Autonomv and Rights. OxIord: Clarendon Press,
1992. Mill, John Stuart. 'On Liberty. On Libertv and other Political Writings. Ed. Collini,
SteIan. Cambridge: Cambridge University Press, 1992. Miller, James. Rousseau,
Dreamer of Democracv. London: Yale University Press, 1984. UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 140 Moots, Glenn A. 'The Covenant
Tradition oI Federalism: The Pioneering Studies oI Daniel J. Elazar. In The Ashgate
Research Companion to Federalism. Eds. Ann Ward and Lee Ward Surrey: Ashgate
Publishing Limited, 2009. Moreno, Federico B. Philippine Law Dictionarv. 3 rd ed.
(Manila: Rex Book Store, 1998). 718. Patapan, Haig 'Australian Federalism: An
Innovation in Constitutionalism. In The Ashgate Research Companion to Federalism,`

Eds. Ann Ward and Lee Ward. Surrey: Ashgate Publishing Limited, 2009. Rawls, John. 'A
Theory oI justice. In Arguing About Political Philosophv. Ed. Matt Zwolinski. New
York: Routledge, 2009. Rousseau, Jean-Jacques. 'The Social Contract. In The
Democracv Sourcebook. Dahl, Robert; Ian Shapiro and Jose Antonio Chebub.
Cambridge: The MIT Press, 2003. Saunders, Cheryl. 'Australia. In Handbook of Federal
Countries. Ed. Ann L. GriIIiths. Ontario: McGill-Queen's University Press, 2005.
Schmidt, ManIred G. 'Germany: The Grand Coalition State. In Comparative European
Politics. Ed. Josep M. Colomer. 3 rd ed. London: Routledge, 2008.Tarlton, C.D.
'Symmetry and Assymetry as Elements oI Federalism: A Theoretical Speculation, in
Michael Burgess, Comparative Federalism. New York: Routledge, 2006. Schram, SanIord
F. 'United States oI America. In Handbook of Federal Countries, Ed. Ann L. GriIIiths.
Ontario: McGill-Queen's University UNIVERSITY OF SANTO TOMAS GRADUATE
SCHOOL PAGE 141 Press, 2005.The World Almanac 2010, Ed. Sarah Janssen. New
York: InIobase Publishing, 2010. Task Force on Canadian Unity, 'Coming to Terms: the
Words oI the Debate, Supply and Services Canada 1979, p.111 quoted in; J.Fernand
Tanguay: Canada at 125 - Its Constitutions 1763-1982, Evolution of a Democracv.
Wheare, K.C. Federal Government, 4 TH ed, (New York: OxIord University Press, 1963)
Zaide, Sonia M. The Philippines A Unique Nation. Quezon City: All Nations Publishing
Co., Inc., 1999. 2. 1ournals: Abueva, Jose V. "Towards A Federal Republic oI the
Philippines." Journal of the Integrated Bar of the Philippines 27 no. 2( 2001): 1-30.
Arizala, RodolIo. "Constitutional Change: Its Legal Aspect & Implications." The Lawver
s Review, July 31, (2005): 2-5 and 81. Brueckner, Jan K. "Fiscal Federalism and
Economic Growth." Journal of Public Economics 90 (2006): 2107-2120. Elaigwu, J.
Isawa. "The Shadow oI Sharia Over Nigerian Federalism." Publius 33 no. 3 (2003): 123144. Ghani, AshraI, Clare Lockhart, and Michael Carnahan. "An Agenda Ior StateBuilding in the Twenty-First Century." The Fletcher Forum of World Affairs 30 no. 1
(2006): 101-123. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE
142 Hooghe, Liesbet and Gary Marks. "Unraveling the Central State, but How? Types oI
Multi-Level Governance." The American Political Science Review 97 no, 2 (2003): 233243. Jaeger, Paul T. "Constitutional Principles and E-government: an Opinion About
Possible EIIects oI Federalism and the Separation oI Powers on E- government Policies."
Government Information Quarterlv 19 (2002): 357- 365. Li, Jieli. "State Fragmentation:
Toward a Theoretical Understanding oI the Territorial Power oI the State." Sociological
Theorv 20 no. 2 (2002): 139- 156. Quimpo, Nathan Gilbert. "Options in the Pursuit oI A
Just, Comprehensive, and Stable Peace in the Southern Philippines." Asian Survev
(2001): 271-289. Rodden, Jonathan, and Erik Wibbels. "Beyond the Fiction oI
Federalism: Macroeconomic Management in Multitiered Systems." World Politics 54 no.
4 (2002): 494-531. Rodden, Jonathan. "Comparative Federalism and Decentralization: On
Meaning and Measurement." Comparative Politics 36 no. 4 (2004): 481-500. Schlesinger,
Arthur. 'Has Democracy a Future?`. Foreign Affairs. September/October 1997. 2-12.
Wagner, Richard E. "SelI-governance, Polycentrism and Federalism: Recurring Themes
in Vincent Ostrom's Scholarly Oeuvre." Journal of Economic Behavior and Organi:ation
57 (2005): 173-188. UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE

143 Watts, Ronald L. "Daniel J. Elazar: Comparative Federalism and Post-Statism."

Publius 30 no. 4 (2000): 155-168. Weingast, Barry R. 'The Economic Role oI Political
Institutions: Market- Preserving Federalism and Economic Development. Journal of
Law, Economics and Organi:ation, 11 no. 1 (1995): 1-31 Wintrobe, Ronald. 'Competitive
Federalism and Bureaucratic Power. European Journal of Political Economv 5 nos. 1
(1987). 9-23. Zakaria, Fareed. 'The Rise oI Illiberal Democracy. ' Foreign Affairs.
November/December (1997). 32-43. 3. Seminar Documents: Benz, Arthur
'Intergovernmental Relations in Germany Federalism joint decision-making and the
dynamics oI horizontal cooperation. Paper presented at a conference on the federali:ation
of Spain. Zaragoza, March 27, 2009. http://www.IorumIed.org/libdocs/2009/2009-03-27Zaragoza- Benz.pdI. (Last Accessed October 2010). Dennison, Don. 'Intergovernmental
Relations in Canada presentation. In the seminar, Mechanisms of Intergovernmental
Relations. International Experiences and Challenges for Bra:il. Brasilia, September 17
and 18 2003. http://www.IorumIed.org/libdocs/BrazilIGR03/106-MIGR0309- DonDennison-pr.pdI. (Last Accessed October 2010). Simeon, Richard. 'Making Federalism
Work: Intergovernmental Coordination and Institutional capacity (Notes Ior a
presentation). In Forum of UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
PAGE 144 Federations International Seminar on Moderni:ation and Fiscal Federalism.
Alternatives to tax Wars. Sustainable Economic Development in Bra:il. Sao Paulo, June
21-22, 2001. http://www.IorumIed.org/libdocs/TaxWars01/112-ATWB0106-br-casimeon.pdI. (Last Accessed October 2010). 4. Web Documents Aroney, Nicholas. Unitv
and Diversitv in Federal Australia. In Forum of Federations website. 2009.
http://www.IorumIed.org/libdocs/GlobalDialogue/Booklet7/BL7-en-au- Aroney.pdI.
(Last Accessed October 2010). Bendel, Petra and Roland Sturm. Germanv. The Growth
of Social and Economic Diversitv in a Unitarv Federal Svstem. In Forum of Federations
website. 2009. http://www.IorumIed.org/libdocs/GlobalDialogue/Booklet7/BL7-en-debendelsturm.pdI. (Last Accessed October 2010). Gagnon, Alain and Richard Simeon.
Unitv and Diversitv in Canada. A Preliminarv Assessment, 2009. In Forum of Federations
website. 2009. http://www.IorumIed.org/libdocs/GlobalDialogue/Booklet7/BL7-en-cagagnonsimeon.pdI. (Accessed October 2010). Hill, Hal et. al. The Dvnamics of Regional
Development. The Philippines in East Asia. Presentation available at the Australian
National University, Research School oI PaciIic and Asian studies website. 2006.
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 145
http://rspas.anu.edu.au/economics/documents/SEAsiaPhilippines.pdI (Accessed
December 2009). 5. Maps: Geology.com. 'Australia Map Australia Satellite Image.
Geology.com website. 2006. http://geology.com/world/australia-satellite-image.shtml.
(Last Accessed October 2010). ---. 'Canada map Canada Satellite Image. Geology.com
website. 2006. http://geology.com/world/canada-satellite-image.shtml. (Last Accessed
October 2010). ---. 'United States Map United States Satellite Image. Geology.com
website. 2006. http://geology.com/world/the-united-states-oI-america-satelliteimage.shtml. (Last Accessed October 2010). Map oI Germany.org. 'Map of Germanv.
Map oI Germany.org website. 2008. http://www.map-oI-germany.org/map-oIgermany.giI. (Last Accessed October 2010). Wow Philippines. 'Provincial Map oI the

Philippines. Go Package Tourism website. 2010. http://www.gopackage.com/wowphilippines/philippinemap.asp. (Last Accessed October 2010). 6.
Flags: UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL PAGE 146 United
States oI America Central Intelligence Agency. 'Australia. The CIA World Factbook.
2010. https://www.cia.gov/library/publications/the- worldIactbook/Ilags/Ilagtemplateas.html ---. 'Canada. The CIA World Factbook. 2010.
https://www.cia.gov/library/publications/the-world- Iactbook/Ilags/Ilagtemplateca.html
---. 'Germany. The CIA World Factbook. 2010.
https://www.cia.gov/library/publications/the-world- Iactbook/Ilags/Ilagtemplategm.html
---. 'Philippines. The CIA World Factbook. 2010.
https://www.cia.gov/library/publications/the-world- Iactbook/Ilags/Ilagtemplaterp.html
---. 'United States oI America." The CIA World Factbook. 2010.
https://www.cia.gov/library/publications/the-world- Iactbook/Ilags/Ilagtemplateus.html
7. Websites: Arellano Law Foundation. Philippine Laws and Jurisprudence Databank.
http://www.lawphil.net/consti/. (Accessed 2010). Elkins, Zachary, Tom Ginsburg, and
James Melton. The Comparative Constitutions Profect. A Cross-National Historical
Dataset of Written Constitutions. University oI Illinois, Illinois. 2008 UNIVERSITY OF
SANTO TOMAS GRADUATE SCHOOL PAGE 147 United States oI America Central
Intelligence Agency. 'Australia. In The CIA World Factbook, 2010.
https://www.cia.gov/library/publications/the- world-Iactbook/geos/as.html. (Last
Accessed August 2010). ---. 'Canada. In The CIA World Factbook. 2006.
https://www.cia.gov/library/publications/the-world-Iactbook/geos/ca.html. (Last
Accessed August 2010). ---. 'Germany. In The CIA World Factbook. 2006.
https://www.cia.gov/library/publications/the-world- Iactbook/geos/gm.html. (Last
Accessed August 2010). ---. 'Philippines. In The CIA World Factbook. 2006.
https://www.cia.gov/library/publications/the-world-Iactbook/geos/rp.html. (Last Accessed
August 2010). ---. 'United States oI America. In The CIA World Factbook. 2006.
https://www.cia.gov/library/publications/the-world-Iactbook/geos/us.html. (Last
Accessed August 2010). German Bundestag. 'English Translation oI the German Federal
Republic Constitution,
http://www.bundestag.de/htdocse/parliament/Iunction/legal/germanbasicl aw.pdI, 2001,
(Berlin: German Bundestag, Administration, Public Relations Section), (Accessed 2010).
National Statistics OIIice. 2003 Familv Income and Expenditure Survev Final Results. In
National Statistics Office website. September 14, 2007. UNIVERSITY OF SANTO
TOMAS GRADUATE SCHOOL PAGE 148
http://www.census.gov.ph/data/sectordata/2003/ie03Ir11.htm. (Accessed October 2010).
---. 2003 and 2006 Familv Income and Expenditure Survev, Final Results. In National
Statistics website. July 9, 2008.
http://www.census.gov.ph/data/sectordata/2006/ie06Ir04a.htm. (Accessed October 2010).
The Forum oI Federations Organization. 'Federalism by Country. The Forum of
Federations. 2007. http://www.IorumIed.org/en/Iederalism/bycountry/index.php
(accessed 2009). United Nations. United Nations Press Release ORG 1469.
http://www.un.org/News/Press/docs/2006/org1469.doc.htm. July 2006. New York: United

Nations, (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 (twenty-six);
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, MecklenburgWestern 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 selIgovernment 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 nonrenewable 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 selIdetermination. 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 Governor- General 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; that 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 Auth
rity 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 Inter-collegiate Debating Championship, Quezon City: University oI the
Philippines. February 26 March 1, 2005.

Federalism and its Potential Application to the Republic of the Philippines

Uploaded by
Ronald Castillo
193 Pages
DOWNLOAD
Sign In
Sign up
Before we can start your download,
please take a moment to join our community
of 26,388,307 academic researchers.
Connect
Connect

SIGN UP WITH EMAIL

Download PDFs for

over 7 Million papers

Share your papers

with other researchers

See analytics on your

profile & papers
Follow other people
in your field
Job Board
About
Press
Blog
People
Terms
Privacy

 Copyright
We're Hiring!
Help Center
Find new research papers in:
Physics
Chemistry
Biology
Health Sciences
Ecology
Earth Sciences
Cognitive Science
Mathematics
Computer Science
Engineering
Academia 2015