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Manila
International Conference on
Federalism
What prospect/s and opportunities
for enhancing regional development
does federalism hold for the
Philippines different ethno-linguistic
regions?
Thomas Fleiner
Swiss Diversity
With regard to
Languages
Protestant 40%
Religion
Catholic 46%
2888
Gemeinden
Art. 50 CO
Communal autonomy is guaranteed
within the limits fixed by cantonal law.
The fourteen constitutional principles
Which hold the Country together
Legitimacy
Rule of Law
Shared
Rule
Self-Rule
Democracy
Legitimacy
1. Take cultural diversity seriously
Preamble
of thefor
Constitution:
2. Fatherland
minorities
Determined to live together with their diversities
respecting each other and in equity,
3. Composed Nation
Article 37 Nationality and Citizenships
Everyone who holds citizenship of a Commune, and of
the Canton
to which
it belongs,
has Swiss citizenship.
Article
1 The
Swiss Confederation
The People and the Cantons
of loyalty
Zurich, Berne, Lucerne,
4. Multiple
…. and Jura form the Swiss Confederation.
Legitimacy
1. Take cultural diversity seriously
2. Fatherland for minorities
3. Composed Nation
4. Multiple loyalty
Rule of Law
5. The
Right 18
to be
unequal,
equal rights
Article
Freedom
of or:
Language
versus of
thelanguage
right to beisequal
The freedom
guaranteed.
Art. 70 Par.2
In order toArticle
preserve
harmonyLanguages
between linguistic com4 National
6. Four
Dimension
of Freedom:
munities,
the
cantons
shall
respect
the traditional
The National Languages are German,
From,Italian,
By, To,
Within,
the State
territorialFrench,
distribution
of and
languages,
and shall take
Romansh.
indigenous linguistic minorities into account.
7. Liberty and Peace
Rule of Law
5. The Right to be unequal, or: equal rights
versus the right to be equal
6. Four Dimension of Freedom:
From, By, To, Within, the State
7. Liberty and Peace
Article 45 Participation in Federal Decision Making
Shared Rule
(1)In the cases specified by the Federal Constitution,
the Cantons shall participate in the decision-making
process at the federal level, in particular in
8.
Participation
of ethnic
Groups
formulating
federal
legislation.
In Constitution
making
(2) The Confederation
shall inform
the Cantons of its
plans, fully and in good time; it shall consult them if
their interests are
Art.likely
53 to be affected.
(2) All
to the
numbercommunities
of the Cantons,
9. alterations
Power sharing
of cultural
or to their status, are subject to the assent of the
relevant electorate and of the Cantons concerned,
and also of a double vote of the People and
the Cantons.
(3) All changes to the territory of a Canton are
subject to the approval of the electorate
of the Cantons concerned, and to the assent of the
Federal Assembly in the form of a federal decree.
Shared Rule
8. Participation of ethnic Groups
In Constitution making
9. Power sharing of cultural communities
Self
Rule
10. Autonomy
Article 3 Cantons
The Cantons are sovereign insofar as their sove11. Enhancing
diversity
overcome
reignty
is not limited
byto
the
Federal ethnification
Constitution;
of politics
Article 2
(2) It (Confederation) shall promote…., the internal
cohesion and the cultural diversity of the country.
Self
Rule
10. Autonomy
11. Enhancing diversity to overcome ethnification
of politics
Democracy
12. Self-determination of individuals
as aim of democracy
Preamble
Resolved
to renew their
alliance to the
13. Value
of compromise
as alternative
Art. 175
so as to strengthen
democracy,
independence
winnerliberty,
takes
all
democracy
(4) The
and language
and peace
invarious
a spirit regions
of solidarity
and openness
communities must
be equitably
represented in the
towards
the world
14.Federal
ConflictCouncil.
management
Article 147 Consultation Procedure
Cantons, political parties and interested circles shall
be invited to comment, during preparatory phases, on
important legislative bills, on other projects with
major implications and also on important
international treaties.
Democracy
12. Self-determination of individuals
as aim of democracy
13. Value of compromise as alternative to the
winner takes all democracy
14. Conflict management
Neutrality
Vienna Congress 1815
MULTICULTURAL
MULTICULTURAL
AND
BUT
PEACEFUL
PEACEFUL