‎A PRIMER ON FEDERALISM

By ‎Yesu Ben
August 2018

Our country cannot be governed from NCR only.

Local Governments must govern the localities. We have a current Local Government Code, which was created by the older Pimentel when he realized that a ChaCha during his time cannot happen. It is a good law but it requires further improvement. Nene knows that it has some flaws and he preferred federalism that is why he is working for Duterte’s Federalism as well.

The distribution of powers is the most important aspect of Federalism. The distribution of powers need to be detailed in a new constitution. But this can happen only if the old (Cory’s) constitution is first abrogated or repealed and the new one adopted.

The distribution of powers will increase the automony of the local government or federated region. How power (Judicial, Executive and Legislative) is shared varies from country to country according to their perceived needs. In our country right now, we have at least 3 drafts for a proposed constitution: The Centrist, the PDPs, and the ConCom’s.

In our current unitary system of government, we have local governments but they have little or no automony because their powers were not defined in the consitution but only in a Local Government Code. The Central Government retains the power to dissolve a local government and to delegate leaders or to have elections for local leaders as it deems necessary. Thus local governments in a unitary system do not have a constitutionally defined and protected sovereignty. In a Federal system, the constitution itself will afford regional federated states with protection as well as jurisdiction over a range of policies.

An ideal federalism will have a written, rigid constitution that guarantees permanence and independence to its regions as well as an enhanced complement of powers, these powers being enumerated in the Constitution. Each federated region will have their own Constitutions that empowers their government to the local level.

Except for Constitutionally defined powers which are retained by the central government (such as powers over rebellion, disaster relief), a Regional (fed) Constitution is further assurance that the central government is discouraged from expanding its jurisdiction over them thus buttressing or restricting its autonomy.

Some countries begin as a Hybrid federalism evolving in time to full federalism – Spain and Belgium for instance.

The following are examples of Federalized Countries as defined by their Constitutions: The United States, Switzerland, Australia, Germany, Canada, Argentina, Brazil, Mexico, India, and Russia.

In the case of Russia, the Communist Party has powers that practically gives its federalism a unitary character. Spain and Italy have hybrid forms but Italy is more unitary.

Executive Powers
In the Philippines, we have a republican presidential state as of the present. Other countries that are not republican, such as those with a monarchy, the monarchs like Kings or Queens, such as in the UK, have no important powers but remain as titular heads of their countries.

Monarchies usually have a parliamentary form of government headed by a prime minister. IN MY PERSONAL OPINION, the British form can be adopted by us but instead of a monarch, the President becomes the titular head. I propose that we adopt a Federal Parliamentary Unicameral Form of Government.

The President in the hybrid British form, must consult with the parliament on matters that may affect the country. He will not have extensive powers like the current President. He becomes the head of state but not of the government. Being titular head, he becomes a symbol of the people’s unity.

In the current Presidential system, the President is elected by the public separately from the members of the house. He heads the government as well as the state. He has the power to select his cabinet members with final approval from the Commission on Appointments.

The President’s powers are constitutionally mandated. He has the power to veto or sign into law proposed bills passed by the Legislative. His constitutional removal for specific crimes and misdemeanors, is by impeachment by a majority of the house members .

The Cabinet may in no instance serve in congress. The legislature can either be unicameral with only one chamber or bi-cameral with a senate and a lower house (2 chambers). Denmark, Sweden, New Zealand, Israel, Finland, Malta are a few unicameral countries.

The US however has a bi-cameral system. A unitary form of government does not necessary mean a unicameral form but people tend to confuse the two. So it is necessary to distinguish both terms. Even with a chamber that is stronger over the other, a bicameral system does not become uni-cameral.

In a Parliamentary system, the Prime Minister holds office only so long as he has the support of the majority of the Parliament (house). If there is no longer support, he must either resign or is removed to give a new PM the chance to take his reins. The Prime minister and his cabinet are responsible for the cabinet thus there can be no gridlocks and no senate. There are other reasons but these two are foremost.

Source: FB