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13 Apr 2018 f The Federalism Project of the Duterte Administration: A Critique using the Institutional Design Literature in Political Science Kapihan sa SWS 13 April 2018 Gene Lacza Pilapil Assistant Professor of Political Science University of the Philippines-Diliman This lecture is part of my ongoing research project entitled “A Critical Review of the Federalism Project of the Duterte Administration” funded by the Office of the Chancellor of the University of the Philippines Diliman, through the Office of the Vice Chancellor for Research and Development’s Outright Research Grant. Acknowledgements I would like to thank Dr. Mangahas for inviting me to lecture in the Kapihan sa SWS; Mr. Leo Laroza for organizing this Kapihan; everyone in the SWS for having me; and all the other members of the audience this afternoon (including my own invitees) who have taken time out from their busy schedules to attend my lecture. Three Main Aims of the Lecture

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Page 1: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

f

The Federalism Project of the Duterte Administration:

A Critique using the Institutional Design Literature in Political Science

Kapihan sa SWS13 April 2018

Gene Lacza Pilapil Assistant Professor of Political ScienceUniversity of the Philippines-Diliman

This lecture is part of my ongoing research project entitled

“A Critical Review of the Federalism Project

of the Duterte Administration”

funded by the Office of the Chancellor

of the University of the Philippines Diliman,

through the Office of the Vice Chancellor for Research

and Development’s Outright Research Grant.

Acknowledgements

I would like to thank

Dr. Mangahas for inviting me to lecture in the Kapihan sa SWS;

Mr. Leo Laroza for organizing this Kapihan;

everyone in the SWS for having me;

and all the other members of the audience this afternoon

(including my own invitees)

who have taken time out from their busy schedules

to attend my lecture.

Three Main Aims of the Lecture

Page 2: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

1. Assert the importance of the institutional design literature in political science,

the very literature that specializes on the design and re-design of political institutions,

in assessing the Duterte administration’s federalism project (and its broader constitutional overhaul campaign).

2. Give three (of the many) cautionary insightsavailable from the institutional design literature

when attempting constitutional overhauls,especially when involving democratic regimes.

3. Apply these cautionary insights to the Duterte administration’s federalism project

and its broader constitutional overhaul campaign.

Outline of the Lecture

Outline

I. Short introduction to the institutional design literature

II. Three cautionary insights from the institutional design

literature applied to the Duterte administration’s

federalism project (and its overall charter change campaign)

The lecture runs for about 90 minutes

I. Short Introduction

to the Institutional Design Literature

Page 3: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

1. informal

social values and norms

not written down�

examples: sitting down to listen to a lecture/

standing in front to deliver a lecture

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

1. informal

social values and norms

not written down�

examples: sitting down to listen to a lecture/

standing in front to deliver a lecture

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

1. informal

social values and norms

not written down�

difficult and take a long time to change (if at all)

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

2. formal

“written down somewhere as laws, regulations,

constitutions, treaties, and so forth” (John M. Carey)

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

2. formal

“written down somewhere as laws, regulations,

constitutions, treaties, and so forth” (John M. Carey)

can be rewritten in a short period of time�

Page 4: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

2. formal

“written down somewhere as laws, regulations,

constitutions, treaties, and so forth” (John M. Carey)

“parchment institutions”

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

2. formal

“written down somewhere as laws, regulations,

constitutions, treaties, and so forth” (John M. Carey)

“parchment institutions”

most important: constitution

I. Short introduction to the institutional design literature

institutions

rules that influence the strategies of state and social actors

2. formal

“written down somewhere as laws, regulations,

constitutions, treaties, and so forth” (John M. Carey)

“parchment institutions”

most important: constitution

most important: constitution

most basic “institutional

framework” of a democracy

(Alfred Stepan and Cindy Skach)

Page 5: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

most important: constitution

most basic “institutional

framework” of a democracy

(Alfred Stepan and Cindy Skach)

creates the fundamental formal rules creating other institutions

example:

1987 Philippine Constitution

constitutional bodies

Article IX

legislative branch

Article VI executive branch

Article VII

local government

Article X

judicial branch

Article VIII

an institution that creates other institution/s

most important formal

“meta-institution”of politics

other institutions

different other Articles

If separated = presidential

one basic example: form of government

relation between the executive and legislative

differences in the arrangement of formal rules

If fused = parliamentaryinstitutional design of a country’s form of government

horizontal

If hybrid = semi-presidential

I. Short introduction to the institutional design literature

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

“makes final decisions”

Another basic example:

Page 6: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

powers can be

delegated

single sovereignrecognized by the constitution

“makes final decisions”

Another basic example:

“constitutional sovereignty”

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

powers can be

delegated

“makes final decisions”

a unitary system can range from highly centralized

(ex. Singapore)

Another basic example:

single sovereignrecognized by the constitution

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

No powers

aredelegated

“makes final decisions”

a unitary system can range from highly centralized

(ex. Singapore)

single sovereignrecognized by the constitution

Another basic example:

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

“makes final decisions”

a unitary system can range to highly decentralized

(ex. Norway)

No powers

aredelegated

single sovereignrecognized by the constitution

Another basic example:

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

“makes final decisions”

a unitary system can range to highly decentralized

(ex. Norway)

Many powers

aredelegated

single sovereignrecognized by the constitution

Another basic example:

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

“makes final decisions”

a unitary system can range to highly decentralized

(ex. Norway)

Many powers

aredelegated

single sovereignrecognized by the constitution

Another basic example:

Page 7: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

“makes final decisions”

a unitary system can be more decentralized than some

centralized federal countries(ex. Indonesia over Malaysia)

Many powers

aredelegated

single sovereignrecognized by the constitution

Another basic example:

system of government

relationship between the

central government

local government

Unitary system of

government

vertical

single central

source of authority

subordinate to the central

“makes final decisions”

a unitary system can be more decentralized than some

centralized federal countries(ex. Indonesia over Malaysia)

may also be revoked

Many powers

aredelegated

single sovereignrecognized by the constitution

Another basic example:

system of government

relationship between the

central government

local government

Federal system of

government

vertical

in certain policy areas where central

government has exclusive jurisdiction

sovereign

Another basic example:

“makes final decisions”

system of government

relationship between the

central government

local government

Federal system of

government

sovereign

in certain policy areas where local

government has exclusive jurisdiction

vertical

Another basic example:

second sovereignrecognized by the constitution

hence, another level of government

also enjoys constitutional sovereignty

“makes final decisions”

system of government

relationship between the

central government

local government

Federal system of

government

sovereign

in certain policy areas where local

government has exclusive jurisdiction

powers cannot be revoked because

� they are not delegated

by the central government

� but guaranteedby the constitution

Another basic example:

hence, another level of government

also enjoys constitutional sovereignty

second sovereignrecognized by the constitution

“makes final decisions”

system of government

relationship between the

central government

local government

Federal system of

government

verticalfederalism can be highly centralized(ex. Venezuela)

Another basic example:

Page 8: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

system of government

relationship between the

central government

local government

Federal system of

government

verticalfederalism can be highly centralized(ex. Venezuela)

Another basic example:

system of government

relationship between the

central government

local government

Federal system of

government

verticalfederalism tohighly decentralized(ex. United States)

Another basic example:

system of government

relationship between the

central government

local government

Federal system of

government

verticalfederalism to highly decentralized(ex. United States)

Another basic example:

system of government

relationship between the

central government

local government

Federal system of

government

vertical

Another basic example:

in certain policy areas

where both governments

have jurisdiction

(concurrent/shared)

system of government

relationship between the

Federal system of

government

vertical

in certain policy areas

where both governments

have jurisdiction

(concurrent/shared)

local government

central government

“federal paramountcy”

Another basic example:

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

I. Short introduction to the institutional design literature

Page 9: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

such as theform of government,

system of government

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system,

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system,

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

Page 10: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others,

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others, the accountability,

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others, the accountability,

representation,

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others, the accountability,

representation, popular empowerment,

studies how the design(or redesign) of a country’s

political institutions

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others, the accountability,

representation, popular empowerment,

elite capture,

studies how the design(or redesign) of a country’s

political institutions

Page 11: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

such as theform of government,

system of governmentelectoral system,

party system, legislative structure,

judicial system, andconstitutional bodies

I. Short introduction to the institutional design literature

affects or will affect, among others, the accountability,

representation, popular empowerment,

elite capture, and coherent policymaking

of the state

studies how the design(or redesign) of a country’s

political institutions

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

(Johan P. Olsen)

I. Short introduction to the institutional design literature

studies how the design(or redesign) of a country’s

political institutions

(Johan P. Olsen)

“signifies purposeful and deliberate intervention

that succeeds in establishing new institutional structures and processes,

or rearranging existing ones, thereby achieving intended outcomes

and improvements”

I. Short introduction to the institutional design literature

“constitutional engineering literature”

other terms

“constitutional design literature”

“institutional approach”

“new institutionalism”

I. Short introduction to the institutional design literature

counts some of the biggest names in the political science discipline

including winners of the Johan Skytte Prize in Political Science

Page 12: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

"to the scholar who in the view of the Foundation has made the most valuable contribution to political science”

I. Short introduction to the institutional design literature

counts some of the biggest names in the political science discipline

including winners of the Johan Skytte Prize in Political Science

represents the best minds that have studied similar institutional issues that Filipinos now face

(and are the real experts on these issues)

II. Three Cautionary Insights

from the Institutional Design Literature

II.1. First cautionary insight:

No consensus on the superiority

of one system of government to another

there is no consensus on the superiority of the

form of government

or

parliamentary /semi-presidential

presidential

federal

to the

unitary

system of government

to the

or vice versa

While many scholars in the institutional design literature argue for the superiority of a federal to a unitary system

Examples of top political scientists:

Alfred Stepan

Page 13: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

While many scholars in the institutional design literature argue for the superiority of a federal to a unitary system

Examples of top political scientists:

Alfred Stepan

Arend Lijphart

While many scholars in the institutional design literature argue for the superiority of a federal to a unitary system

Examples of top political scientists:

Alfred Stepan

Arend Lijphart

Pippa Norris

Page 14: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

While many scholars in the institutional design literature argue for the superiority of a federal to a unitary system

Examples of top political scientists:

Alfred Stepan

Arend Lijphart

Pippa Norris

Larry Diamond

Many scholars, also in the same institutional design literature, deny the superiority of a federal to a unitary system.

Examples of top political scientists:

Daniel Treisman

Page 15: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

Many scholars, also in the same institutional design literature, deny the superiority of a federal to a unitary system.

Examples of top political scientists:

Daniel Treisman

Jan-Erik Lane and Svante Ersson

Many scholars, also in the same institutional design literature, deny the superiority of a federal to a unitary system.

Examples of top political scientists:

Daniel Treisman

Jan-Erik Lane and Svante Ersson

Jonathan Rodden

Page 16: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

Many scholars, also in the same institutional design literature, deny the superiority of a federal to a unitary system.

Examples of top political scientists:

Daniel Treisman

Jan-Erik Lane and Svante Ersson

Jonathan Rodden

Erik Wibbels

These scholars find that there is no meaningful difference in the performancebetween federal and unitary systems on a number of key indicators.

For examples:

1. human development (HDI)

2. economic performance (including public finance)

3. income inequality

4. democratic stability

5. quality of democracy

6. rule of law

7. anti-corruption

8. handling multiethnic conflicts

In fact, for a few scholars, their works show that unitary systems do better

than federal ones in some of these indicators.

Page 17: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

a package of institutional featuressystem of government

1. Institutional bundle

federal unitary

distribution of

legislative/executive powers

level and type of decentralization

devil is

in the

details

appointment/budgetary powers of

the president to/over bureaucracydesign of upper house

manner of recruitment

in the national/local

bureaucracy

just a few examples:

mechanisms for intergovern-

mental coordination

just a few examples:

type of constitutional

entrenchment

level and type of devolution

We can organize the counter-arguments of the critics of the federal superiority camp via two intertwined institutional arguments:

whose performance depends on the specific design of these features

system of government 1. Institutional bundle

At the level of institutional bundle, helps explain performance

federal unitary

distribution of

legislative/executive powers

level and type of decentralization

devil is

in the

details design of upper house

manner of recruitment

in the national/local

bureaucracy

just a few examples:

mechanisms for intergovern-

mental coordination

just a few examples:

type of constitutional

entrenchment

level and type of devolution

appointment/budgetary powers of

the president to/over bureaucracy

a package of institutional featureswhose performance depends on the specific design of these features

2. Institutional configurationhow different types of

institutions affect each other

(e.g. how the electoral system affects the form of government)

Critics of the superiority argument give two intertwined reasons:

this means that institutions must not be analyzed independently

from other institutions that may affect their functioning

One of the most important insights of the institutional

design literature

Page 18: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

system of government

2. Institutional configuration

federal

electoral system

party system

system of government unitary

party system

electoral system

devil is

in the

details

performance also affected by the design of other institutions

system of government

just one

pair of

examples:

At the level of institutional configuration, helps explain performance

PR

SMD

MM

Multi-Ptwo-P

Regiona-

lizedNon-

Regionalized

Besides institutional factors,

Besides institutional factors, scholars also raise non-institutional design factors

that affect

institutional

performance(institutional

endogeneity)

length of democracy

Examples:

level of economic development

colonial heritage

political culture (non-formal institutions)

political elite composition

geographical location

type of ethnic fragmentation

path dependence

It is this particular combination of institutional and non-institutional design factors that explain the performance of a federal (or unitary) system

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13 Apr 2018

II.2. Second cautionary insight:

Reform not Overhaul

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

examples: Shugart and Mainwaring

Stephan Haggard and Robert Kaufman

Page 20: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

examples: Shugart and Mainwaring

Stephan Haggard and Robert KaufmanFrancis Fukuyama

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

revival of institutional design questions

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

revival of institutional design questions = largely linked with the most recent wave

of democratization where from 1974-1994:

75 countries transited to democracies role of Juan Linz’s 1990 article “The Perils of Presidentialism” including the Philippines in 1986

fundamental institutional choices for

new democracies: most important is the

form of government

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13 Apr 2018

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

picked up by Filipino parliamentary advocates by mid-1990s,

when we have already made our choice of form of government in

the 1987 Constitution

fundamental institutional choices for

new democracies: most important is the

form of government

role of Juan Linz’s 1990 article “The Perils of Presidentialism”

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

role of Juan Linz’s 1990 article “The Perils of Presidentialism”

and the difficulty and danger of these choices are captured by the subtitle of

Jon Elster et al.’s book on post-communist transitions in Eastern Europe

these regimes in transition have no option but to make

these constitutional choices

fundamental institutional choices for

new democracies: most important is the

form of government

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

role of Juan Linz’s 1990 article “The Perils of Presidentialism”

and the difficulty and danger of these choices are captured by the subtitle of

Jon Elster et al.’s book on post-communist transitions in Eastern Europe

these regimes in transition have no option but to make

these constitutional choices

fundamental institutional choices for

new democracies: most important is the

form of government

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

role of Juan Linz’s 1990 article “The Perils of Presidentialism”

even for many scholars arguing the superiority of parliamentary

and/or federal, there is no recommendation to dump

existing presidential/unitary systems

fundamental institutional choices for

new democracies: most important is the

form of government

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

role of Juan Linz’s 1990 article “The Perils of Presidentialism”

even for many scholars arguing the superiority of parliamentary

and/or federal, there is no recommendation to dump

existing presidential/unitary systems

fundamental institutional choices for

new democracies: most important is the

form of government

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13 Apr 2018

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

even for many scholars arguing the superiority of parliamentary

and/or federal, there is no recommendation to dump

existing presidential/unitary systems

analogy: Sagada vs. Manila

Photo credit: Mr. Angel Juarez

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

even for many scholars arguing the superiority of parliamentary

and/or federal, there is no recommendation to dump

existing presidential/unitary systems

analogy: Sagada vs. Manila

just a scholarly debate

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

among the reasons why strongly discouraged:

1. unnecessary: if there is no superiority,then there is no need for overhaul

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

especially for federalism

where state governments,

constitutions, courts, bureaucracy, etc.

would have to be created

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13 Apr 2018

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13 Apr 2018

Benefits are uncertain,

but huge costs are definite

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

especially for federalism

where state governments,

constitutions, courts, bureaucracy, etc.

would have to be created

Philippine time frame(depending on which

proposed federal constitution you read)

At least four federal constitutions introduced since 2005

Jose Abueva (Citizens Movement for a Federal Philippines) in 2005

At least four federal constitutions introduced since 2005

Jose Abueva (Citizens Movement for a Federal Philippines) in 2005

Aquilino Pimentel, Jr. et al. (Senate Joint Resolution no. 10) in 2008

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13 Apr 2018

At least four federal constitutions introduced since 2005

Jose Abueva (Citizens Movement for a Federal Philippines) in 2005

Aquilino Pimentel, Jr. et al. (Senate Joint Resolution no. 10) in 2008

Eugene De Vera and Aurelio Gonzales, Jr. (Resolution of Both Houses 008) in 2016

At least four federal constitutions introduced since 2005

Jose Abueva (Citizens Movement for a Federal Philippines) in 2005

Aquilino Pimentel, Jr. et al. (Senate Joint Resolution no. 10) in 2008

Eugene De Vera and Aurelio Gonzales, Jr. (Resolution of Both Houses 008) in 2016

Federalism Study Group of the PDP Laban Federalism Institute in August 2017

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

especially for federalism

where state governments,

constitutions, courts, bureaucracy, etc.

would have to be created

Philippine time frame (depending on which

proposed federal constitution you read) is

At least ten years (Abueva)

Not clear but it will take a long time to

execute (Pimentel et al.)

Not clear also but will also take a long time

to execute (De Vera and Gonzales)

At least six-and-a-half years to pass the

organic acts (PDP-Laban)

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illustrates howcomplex,

problematic, elusive,

mindboggling,and risky

the institutional design overhaul needed

to effect a transition from a unitary to a

federal system of government

in a democracy

Specific to PDP-Laban’s federalism proposal,

it reveals how forced,

confused, questionable,

quixotic, frightening, contradictory,

counterproductive, and haphazard

the party’s blueprint for the country’s shift to federalism

Its federalism which it calls

“evolutionary federalism” (sec 13)

is neither evolutionary nor federalism

It creates more problems than the current

decentralization setup

On institutional design principles,

it is inferior to the current Article X of the 1987

Constitution

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andno democratic country has been

crazy enough to make these

overhauls at the same time!

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andno democratic country has been

crazy enough to make these

overhauls at the same time!

Just when you think it could not get crazier,

“You know, my advice to you is:

maintain a federal system, a

parliament, but be sure to have a

President… You copy the France (sic) system.”

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is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andno democratic country has been

crazy enough to make these

overhauls at the same time!

semi-presidentialism

Just when you think it could not get crazier,

dual executive

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andno democratic country has been

crazy enough to make these

overhauls at the same time!

semi-presidentialism

Just when you think it could not get crazier,

dual executive

very tricky executive veto gates

this overhaul project has become a grocery list of institutions!

only Russia is both semi-presidential and federal ( not a D)�

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

institutional design literature has sobered

from the enthusiasm of the early 1990s on the

power to get institutional design right

and

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And this is just about one aspect of the

institutional configuration: electoral system

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

institutional design literature has sobered

from the enthusiasm of the early 1990s on the

power to get institutional design right

and

(this is true even for the institutional design literature on federalism)

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is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

Philippines’ constitutional overhaul project in 2016-18:

height of intellectual irony

and

(this is true even for the institutional design literature on federalism)

institutional design literature has sobered

from the enthusiasm of the early 1990s on the

power to get institutional design right

hubris?

ignorance of the literature?

and/or

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

and

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is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

and

“hyperrationality” (Croissant and Merkel)

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is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andthe mistaken belief that just because you

change the rules, (i.e., formal rules)

politicians’ behaviors will also change (i.e., informal rules)

“hyperrationality” (Croissant and Merkel)

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andTaagepera:

“hyperrationality” (Croissant and Merkel)

I call it in my classes:hyperinstitutionalism

(exaggerated belief in institutional design)

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is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andTaagepera: “excessive optimism”

in institutional design easily leads to

“excessive disillusionment”

afterwardsMy argument: undermining rather than deepening democracy

hyperrationality (Merkel and Croissant)

I call it in my classes:hyperinstitutionalism

(exaggerated belief in institutional design)

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

2. unbelievable: tasks too institutionally and intellectually complex for lofty goals

andTaagepera: “excessive optimism”

in institutional design easily leads to

“excessive disillusionment”

afterwardsMy argument: undermining rather than deepening democracy

hyperrationality (Merkel and Croissant)

I call it in my classes:hyperinstitutionalism

(exaggerated belief in institutional design)

is to reform rather than

overhaul their systems or forms of

government

among the reasons why strongly discouraged:

3. Unsafe (highly risky): will be discussed in cautionary insight no. 3

and

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

reforms do not need constitutional revisions

only legislation or constitutional amendments

1. More justifiable

two reform principles from Larry Diamond

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

reforms do not need constitutional revisions

only legislation or constitutional amendments

1. More justifiable

A. reform only in the face of manifest flaws

two reform principles from Larry Diamond

B. reform should correct those flaws as specifically as possible

is to reform rather than

overhaul their systems or forms of

government

reforms do not need constitutional revisions

only legislation or constitutional amendments

2. Less risky: Messed-up reforms are more reformable

If there are errors in the reforms,

easier to return to the old setup

or to push it further to the new setup through new legislation/amendment

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

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is to reform rather than

overhaul their systems or forms of

government

2. Less risky: Messed-up reforms are more reformable

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism) or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

If there are errors in the reforms, easier to return to the old setup

or to push it further to the new setup through new legislation/amendment involve only legislation

is to reform rather than

overhaul their systems or forms of

government

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Sartori:

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Sartori: undisciplined political

parties in a presidential democracy

becoming disciplined in a parliamentary shift is

“against all odds”

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

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is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Mainwaring and Shugart:

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Mainwaring and Shugart: undisciplined political

parties in a parliamentary shift “could exacerbate

problems of governability and instability” more than

in a presidential democracy

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Mainwaring and Shugart: undisciplined political

parties in a parliamentary shift “could exacerbate

problems of governability and instability” more than

in a presidential democracy

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

is to reform rather than

overhaul their systems or forms of

government

piecemeal reforms that move to a more parliamentary-like direction

(example: party-system reforms against turncoatism)

involve only legislation

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel:

or a more federal-like direction (exs.: increased regional autonomy or a more robust local govt. code)

is to reform rather than

overhaul their systems or forms of

government

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel: different time horizons

the consolidation of the new party system

“old, fragmented, clientelistic, and irresponsible parties”

“would not be able to create strong and stable governments”

could be done in a few months takes much longer than changing the constitution

would take years/ decades to happen

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel: different time horizons

the consolidation of the new party system

“old, fragmented, clientelistic, and irresponsible parties”

“would not be able to create strong and stable governments”

could be done in a few months takes much longer than changing the constitution

would take years/ decades to happen

sequencing becomes a key

issue in institutional

design

� would determine

how the new

parliamentary form of government works

� and not the other

way around

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“a grand bargain” (quotation marks in the original)

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel: different time horizons

the consolidation of the new party system

“old, fragmented, clientelistic, and irresponsible parties”

“would not be able to create strong and stable governments”

could be done in a few months takes much longer than changing the constitution

would take years/ decades to happen

sequencing becomes a key

issue in institutional

design

� would determine

how the new

parliamentary form of government works

� and not the other

way around

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel: different time horizons

the consolidation of the new party system

“old, fragmented, clientelistic, and irresponsible parties”

“would not be able to create strong and stable governments”

heart bypass operation takes much longer than changing the constitution

walking exercises to build up lung capacity

for operation

sequencing becomes a key

issue in institutional

design

“a grand bargain” (quotation marks in the original)

For scholars, may yet be the most crucial prerequisite

before any talk of a constitutional shift to parliamentary form

Croissant and Merkel: different time horizons

the consolidation of the new party system

“old, fragmented, clientelistic, and irresponsible parties”

“would not be able to create strong and stable governments”

heart bypass operation takes much longer than changing the constitution

walking exercises to build up lung capacity

for operation

sequencing becomes a key

issue in institutional

design

PDP-Laban = do your walking exercises to

build up lung capacityas you are having your

heart bypass operation

is to reform rather than

overhaul their systems or forms of

government

the recommendation of top scholars for

democratic countries with already functioning

systems or forms of government

2. Less risky: Messed-up reforms are more reformable

If there are errors in the reforms, easier to return to the old setup

or to push it further to the new setup through new legislation/amendment

very different from messed-up constitutional revisions involving

system or form of government

especially for shift to federalism

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is to reform rather than

overhaul their systems or forms of

government

2. Less risky: Messed-up reforms are more reformable

If there are errors in the reforms, easier to return to the old setup

or to push it further to the new setup through new legislation/amendment

very different from messed-up constitutional revisions involving

system or form of government

because of constitutional entrenchment protecting

its status, no federal country negotiated under

democratic conditions has ever returned to unitary

especially for shift to federalism

is to reform rather than

overhaul their systems or forms of

government

2. Less risky: Messed-up reforms are more reformable

If there are errors in the reforms, easier to return to the old setup

or to push it further to the new setup through new legislation/amendment

very different from messed-up constitutional revisions involving

system or form of government

because of constitutional entrenchment protecting

its status, no federal country negotiated under

democratic conditions has ever returned to unitary

especially for shift to federalism

is to reform rather than

overhaul their systems or forms of

government

2. Less risky: Messed-up reforms are more reformable

If there are errors in the reforms, easier to return to the old setup

or to push it further to the new setup through new legislation/amendment

very different from messed-up constitutional revisions involving

system or form of government

especially for shift to federalism

because of constitutional entrenchment protecting

its status, no federal country negotiated under

democratic conditions has ever returned to unitary

II.3. Third cautionary insight:Institutional design is political design

According to Adam Przeworski et al.:

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B

There are no optimal democratic institutions

and even if there were,

According to Adam Przeworski et al.:

B

There are no optimal democratic institutions

and even if there were,

the distributive impact of institutional design means opposing political forces will most likely not choose them

According to Adam Przeworski et al.:

B

There are no optimal democratic institutions

and even if there were,

the distributive impact of institutional design means opposing political forces will most likely not choose them

A

B1

According to Adam Przeworski et al.:

A B

There are no optimal democratic institutions

and even if there were,

the distributive impact of institutional design means opposing political forces will most likely not choose them

B1

B2

B3opposing

political forces

political economy of

institutional design/

constitutional engineering

each institutional

design outcome reflects the

balance of power

(most important

actors are those who

will write the constitution)

According to Adam Przeworski et al.:

different from the federalism project

before Duterte (1986-early 2016)

political economy of

the federalism

project in the

Philippines under Duterte

only president to support was Arroyo

(in her campaign platform in 2004)

but haphazard support

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different from the federalism project

before Duterte (1986-early 2016)

political economy of

the federalism

project in the

Philippines under Duterte

very strong support of the

president

only president to support was Arroyo

only played second fiddle to the

parliamentary project

(in her campaign platform in 2004)

but haphazard support

(prominent in his campaign platform)

different from the federalism project

before Duterte (1986-early 2016)

political economy of

the federalism

project in the

Philippines under Duterte

very strong support of the

president

only president to support was Arroyo

only played second fiddle to the

parliamentary project

clear primacy over the parliamentary/semi-

presidency project

(in her campaign platform in 2004)

but haphazard support

(prominent in his campaign platform)

F How do we reach here?

Constituent Assembly

Current preferred mode:

- Philippine President - House

- Senate President- some senators

political economy of

the federalism

project in the

Philippines under Duterte

U(P/SP)

The political economy question

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F How do we reach here?

Constituent Assembly

Current preferred mode:

- Philippine President - House

- Senate President- some senators

political economy of

the federalism

project in the

Philippines under Duterte

U(P/SP)

The political economy question

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13 Apr 2018

F How do we reach here?

Constituent Assembly

political economy of

the federalism

project in the

Philippines under Duterte

U(P/SP)

Current preferred mode:

- Philippine President - House

- Senate President- some senators

The political economy question

ARTICLE XVII

AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

“Constituent assembly” mode

(Note: term never appears in the Constitution)

ARTICLE XVII

AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

voting separately or jointly?

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October 10, 1986

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F How do we reach here?

Constituent Assembly

political economy of

the federalism

project in the

Philippines under Duterte

U(P/SP)

F How do we reach here?

Constituent Assembly

political economy of

the federalism

project in the

Philippines under Duterte

U

assuming that the Duterte administration could get

the 3/4ths vote (18/24) in the Senate = impossible

(P/SP)

F How do we reach here?

Constituent Assembly

political economy of

the federalism

project in the

Philippines under Duterte

U

assuming that the Duterte administration could get

the 3/4ths vote (18/24) in the Senate = nearly impossible

(P/SP)

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Key reason for the opposition of the nationally elected senate is the proposal for its replacement by a regional senate

the most important shared institution of federalism

F How do we reach here?

Constituent Assembly

political economy of

the federalism

project in the

Philippines under Duterte

U

assuming that the Duterte administration could get

and (223/297) in the Lower House = sure ball, as of now

the 3/4ths vote (18/24) in the Senate = nearly impossible

(P/SP)

F How do we reach here?

Constituent Assembly

U

1. very low level of institutionalization of political parties

Philippine Congress (especially its HoR)

= real minority; 7 members

= PDP-Laban only had 3 out of 297 representatives

= PDP-Laban membership and allies swelled to a supermajority of 260-plus = official minority: 20-plus but also the majority's minority

Just two comments

one of the most crucial indicators:

party switching

current 17th Congress (the one that will become the ConAss):

election result for HoR

post-election party-switching and re-alignment

LP had 116 members

(P/SP)

(must add Makabayan bloc)

(LP down to 28 as of May 2017)

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F How do we reach here?

Constituent Assembly

U

1. very low level of institutionalization of political parties

Philippine Congress (especially its HoR)

one of the most crucial indicators:

party switching

higher level of payoffs to move legislative agenda

of the executive

pork barrel by any other name

(CDF, PDAF, DAP, Duterte’s pork)

(P/SP)

More unstable political support

for the president, especially when

his popularity goes down

More incoherent lawmaking as more

policy side payments are made with more

players representing particularistic interests

Just two comments

F How do we reach here?

Constituent Assembly

U

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)

Not aware of any scholarly study yet on the 16th Congress (2013-2016) and the current 17th Congress (2016-2019)

But there are at least two on the House of Representatives of the 15th

Congress (2010-2013)

Just two comments

by Mendoza et al., 2012

F How do we reach here?

Constituent Assembly

U

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)

HoR of the 15th Congress (2010-2013)

Just two comments

70 percent of members belong to a political dynasty

“with kinship links to at least one legislator in the 12th, 13th, 14th, or 15th Congress, or at least one local government

official elected in 2001, 2004, 2007, or 2010” (Dynasty3 Type)

F How do we reach here?

Constituent Assembly

U

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)

Not aware of any scholarly study yet on the 16th Congress (2013-2016) and the current 17th Congress (2016-2019)

But there are at least two on the House of Representatives of the 15th

Congress (2010-2013)

Just two comments

by Mendoza et al., 2012

by Rivera, 2011

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F How do we reach here?

Constituent Assembly

U

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)

HoR of the 15th Congress (2010-2013)

Just two comments

“34 out of 77 provinces or 44 percent had the same political family winning the governorship

and at least one congressional district”

F How do we reach here?

Constituent Assembly

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)Just two comments

U

Self-perpetuating in politics by nature

of clan replication

F How do we reach here?

Constituent Assembly

2. High level of barrier to entry

Philippine Congress (especially its HoR)

one of the most crucial indicators:

political dynasty

(P/SP)Just two comments

Self-perpetuating in politics by nature

of clan replication Prevents party institutionalization

as dynasties act as surrogates of

political parties

Highly clientelistic (patronage-based)

because familial/clan interests take

precedence over any national interests

U

ConAssmembers

who are winners of

the old unitary/

presidential setup

U F(P/SP)

How do we reach here?

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How do we reach here?

ConAssmembers

who are winners of

the old unitary/

presidential setup

U F

compromises “with groups that have

benefited from existing institutional

arrangements”

F1

each institutional

design outcome reflects the

balance of power

overwhelmingly for non-institutionalized

and dynastic interests

(P/SP)

(P/SP1)

supermajorityin Congress

How do we reach here?

ConAssmembers

who are winners of

the old unitary/

presidential setup

U F

F1

each institutional

design outcome reflects the

balance of power

overwhelmingly for non-institutionalized

and dynastic interests

F2distributive

swing could be

more dramatic

(P/SP)

(P/SP1)

(P/SP2)

supermajorityin Congress

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

overwhelmingly for non-institutionalized

and dynastic interests

F2

(P/SP)

(P/SP1)

(P/SP2)

because of the sheer

multiplicity of features

involved in changing the

system and form of government

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

overwhelmingly for non-institutionalized

and dynastic interests

F2

F3

(P/SP)

(P/SP1)

(P/SP2)

(P/SP3)

because of the sheer

multiplicity of features

involved in changing the

system and form of government

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

“hybrid outcomes

that leave lines of

accountability unclear and

combine the worstof both

worlds”

institutional Frankenstein outcomes

(P/SP1)

(P/SP2)

because of the sheer

multiplicity of features

involved in changing the

system and form of government

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

institutional endogeneity

(existing vested interests)

among the most important factors:

(P/SP1)

(P/SP2)

what explains institutional

choices?and performance?

Page 49: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

premium on democratic regime

transitions

assumption of some kind of

displacement of the vested

interests of the old order

(P/SP1)

(P/SP2)

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

Worst-case scenario of

constitution-making for

Przeworski (P/SP1)

(P/SP2)

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

Worst-case scenario of

constitution-making for

Przeworski (P/SP1)

(P/SP2)

How do we reach here? U F

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

Worst-case scenario of

constitution-making for

Przeworski

“When the relation of forces is known and uneven,

the institutions arecustom-made for a particular

person, party or alliance”

Duterte

Page 50: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

How do we reach here? U F

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

Worst-case scenario of

constitution-making for

Przeworski

“When the relation of forces is known and uneven,

the institutions arecustom-made for a particular

person, party or alliance”

DutertePDP-Laban

supermajority

Page 51: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

(P/SP1)

(P/SP2)

Elster:

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

(P/SP1)

(P/SP2)

Elster:Constitutions

“ought to be written by

specially convened

assemblies” “not by bodies

that also serve as

ordinary legislatures”

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

(P/SP)ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

(P/SP1)

(P/SP2)

Elster:Constitutions

“ought to be written by

specially convened

assemblies” “not by bodies

that also serve as

ordinary legislatures”

“to reduce the scope for institutional interest”

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

(P/SP)ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

(P/SP1)

(P/SP2)

Elster:Constitutions

“ought to be written by

specially convened

assemblies” “not by bodies

that also serve as

ordinary legislatures”

“to reduce the scope for institutional interest”

Page 52: Prof Pilapil SWS lecture for printing · Outline of the Lecture Outline I. Short introduction to the institutional design literature II. Three cautionary insights from the institutional

13 Apr 2018

How do we reach here? U F

F1

each institutional

design outcome reflects the

balance of power

F2

F3

(P/SP)

(P/SP3)

ConAssmembers

who are winners of

the old unitary/

presidential setup

(existing vested interests)

among the most important factors:

political economy of

the federalism

project in the

Philippines under Duterte

analogy: same inept driver with brand new vehicle

from Manila to Sagada

(P/SP1)

(P/SP2)

Thank you very much

The Federalism Project of the Duterte Administration:

A Critique using the Institutional Design Literature in Political Science

Kapihan sa SWS13 April 2018

Gene Lacza Pilapil Assistant Professor of Political ScienceUniversity of the Philippines-Diliman