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Proposed Federal System of Government in The Philippines

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Human-Written

Words: 981 |

Pages: 2|

5 min read

Published: Oct 11, 2018

Words: 981|Pages: 2|5 min read

Published: Oct 11, 2018

Table of contents

  1. Legislative Department
  2. Judicial Department
  3. Court Role and Structure
  4. The Advantages of Federalism
  5. Self Rule
  6. Disadvantage of Federalism

Legislative Department

Every state and the federal administrative region shall have a unicameral legislature. Every state legislature shall be composed of three (3) representative for each province and each city located within the territorial boundaries of the state who shall be elected by the members of the Sangguniang panlalawigan and Sangguniang panlunsod from among their members. In addition, three representatives coming from the sectors of the farmers, fisherfolk and the senior citizen shall be nominated and appointed as provided for under the next revision.

Judicial Department

The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.
A system of state courts existed before the Constitution was drafted. There was considerable controversy among the delegates to the Constitutional Convention as to whether a federal court system was needed, and whether it should supplant the state courts. As in other matters under debate, a compromise was reached in which the state courts were continued while the Constitution mandated a federal judiciary with limited power. Article III of the Constitution states the basis for the federal court system:

The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish. The power of the federal courts extends both to civil actions for damages and another redress, and to criminal cases arising under federal law. Article III has resulted in a complex set of relationships between state and federal courts.

Ordinarily, federal courts do not hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others.

The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior" -- in practice, until they die, retire or resign, although a judge who commits an offense while in office may be impeached in the same way as the president or other officials of the federal government. U.S. judges are appointed by the president and confirmed by the Senate. Congress also determines the pay scale of judges.

Court Role and Structure

The federal judiciary operates separately from the executive and legislative branches but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government’s executive branch to enforce court decisions.

Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves. Depending on the dispute or crime, some cases end up in the federal courts and some end up in state courts.

The Advantages of Federalism

A Better Understanding the central government has no true way to understand what issues and changes need to be made in every area of the country. This is why federalism is such a great advantage. The smaller branches of the local governments are right in the middle of the local society. They are better suited to deal with the true things that need to be changed.

Separation of Power one huge characteristic of federalism is the checks and balances that are in play. By not allowing one body of government to hold all power over the country, you help to prevent any harmful and negative things from happening to some areas of the country. This is why having multiple sectors of the government is so important in federalism.
People Feel More Involved in a democracy people have a large say in what happens within the government. Federalism creates smaller local governments and allows people to feel even more involved in the decisions and everyday workings of their government. This makes people much more proud and excited about their country.

Self Rule

Certainly, the regions within a federal state will have a certain degree of self-rule. The issue of self-rule itself is not questionable at all, the critical point though is how much power the regions should have and how different responsibilities should be divided between the national state and the regions. The principle for this assignment division is stated in the counties constitution, however, the implication can be interpreted in different ways and it can be changed.

Disadvantage of Federalism

Conflict of Authority the biggest problem that arises when you have two bodies in power is the power struggle. Each sector wants to assert their power over the other. This can cause things like strikes and make the government much less effective than it would normally be.

Regionalism over Patriotism the mark of a great country is just how patriotic and prideful the citizens is to be a part of it. Federalism, since it promotes the smaller level of government, it also promotes smaller levels of pride. It can begin to pit one region against another and take away from the feeling of patriotism that should be present all over the entire country.

A Lack of Accountability with the responsibility of the government being shared, it becomes very easy for one sector to release responsibility for the other, and vice versa. This can become a very large problem because if something goes wrong, both sides of the government can relinquish control for the responsibility.

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Compromise Isn’t Good with two bodies of power fighting against each other, many things result in a compromise on important issues. Compromise, while sometimes can be a good thing, when you are dealing with life-changing and vital policies, compromises will just not cut it.

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Cite this Essay

Proposed federal system of government in the Philippines. (2018, October 08). GradesFixer. Retrieved November 13, 2024, from https://gradesfixer.com/free-essay-examples/proposed-federal-system-of-government-in-the-philippines/
“Proposed federal system of government in the Philippines.” GradesFixer, 08 Oct. 2018, gradesfixer.com/free-essay-examples/proposed-federal-system-of-government-in-the-philippines/
Proposed federal system of government in the Philippines. [online]. Available at: <https://gradesfixer.com/free-essay-examples/proposed-federal-system-of-government-in-the-philippines/> [Accessed 13 Nov. 2024].
Proposed federal system of government in the Philippines [Internet]. GradesFixer. 2018 Oct 08 [cited 2024 Nov 13]. Available from: https://gradesfixer.com/free-essay-examples/proposed-federal-system-of-government-in-the-philippines/
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