Federalism and the Separation of Powers

In our present system, there is already separation of powers of the government. It is divided among the three great branches of the government, namely the executive branch, the judicial branch, and the legislative branch of the government. The executive power is vested in the President, the judicial power is vested in the Supreme Court and in other lower courts created by law, and the legislative power is vested in the Senate and in the House of Representatives.

But up to what extent is the separation of powers in our present system? Take note that while the legislative power is divided among the senators and congressmen, which are composed of so many members, while the judicial power is lodged in the members of the Supreme Court and in lower courts, which are even composed of more members, the entire executive power on the other hand is vested in one person alone, the President. The cabinet members are merely his alter egos and their stay in office is only at his pleasure.
Moreover, we cannot also disregard the fact that the President is not entirely an outsider in so far as the legislative branch is concerned because the proposed laws of the Senate and the House of Representatives, in order to become laws, require his approval.
How could we conclude that there is total separation of powers, in this reality, when the proposed laws of the Senate and the House of Representatives require the approval of the President in order to become laws? Therefore, there is only partial separation of powers between them, to be specific.
Moreover, the proposed budget for the entire country, involving trillions of money, is also subject to his approval.
Furthermore, in so far as the judiciary is concerned, such branch is not altogether out of President’s power of appointent because each and every member justice or judge, in order to join said branch as such, requires his signature.
And that was only about the three great branches of the government, where experts and legal theorists consider the other two branches, the legislative and the judiciary, as his co-equal branches.
But it is without mentioning his other vast powers in the military, in the foreign relations, including the embassies, and the appointment of ambassadors, around the world.
This is aside from his power to appoint not only the cabinet members but as
well as the undersecretaries, the assistant secretaries, the prosecutor general and his deputies and assistants, the regional, provincial, and city prosecutors and their deputies and assistants, the generals and full pledge colonel of the armed forces, the high ranking officials of the national police from the rank of police senior superintendent to director general, the high ranking officials of the bureau of prison, the fire department, the national directors of other bureaus, regional directors and assistant regional directors of every department, some of the provincial directors, among others.
It is also without mentioning that the entire elected officials of the local governments are under the supervision of the Secretary of the Interior and Local Government, who is his alter ego.
That is how this present system divides and separates the powers of the government. We entrusted excessive powers in the President. On the other hand, why should we overburden the President of so much and disproportionate entrustment of official duties?
In federalism, however, there is another concept of separation of powers of the government which is clear.
The proposed laws of any state congress do not require the approval of the president to become a law. It requires instead the approval of the State Governor. It does not even require any enabling law from the Philippine Senate or House of Representatives in order for a state law to legally take effect.
It is a separation of powers in a complete sense because the law making powers of the state congress are not subject to the approving authority of the President and the latter is totally an outsider in so far as that powers of the state are concerned. Moreover, the President does not also appoint the justices and judges of the state courts.

No comments:

Post a Comment