The Foundations Of The Modern Philippine State

This book examines how the colonial Philippine constitution weakened the safeguards that shielded liberty from power and unleashed a constitutional despotism.

"We the People." The Constitution begins with those deceptively simple words, but how do Americans define that "We"? In We the People, Ben Railton argues that throughout our history two competing yet interconnected concepts have battled to define our national identity and community: exclusionary and inclusive visions of who gets to be an American. From the earliest moments of European contact with indigenous peoples, through the Revolutionary period's debates on African American slavery, 19th century conflicts over Indian Removal, Mexican landowners, and Chinese immigrants, 20th century controversies around Filipino Americans and Japanese internment, and 21st century fears of Muslim Americans, time and again this defining battle has shaped our society and culture. Carefully exploring and critically examining those histories, and the key stories and figures they feature, is vital to understanding America—and to making sense of the Trump era, when the battle over who is an American can be found in every significant debate and moment.

Remodelling to Prepare for Independence: The Philippine Commonwealth, Decolonisation, Cities and Public Works, c. 1935–46 illuminates the implications of the USA’s final phase of colonial rule in the Philippine Islands. It explores the Filipino side of decolonisation and the management of the built environment in the years immediately prior to self-rule. This book shakes off the collaboration vs. resistance paradigm that empire histories generally follow and consequently yields an original vantage point to comprehend transition within an Asian society in the years immediately prior to, during, and after World War Two. This will not only deepen insight of the American Empire, but also grants the opportunity to tie Philippine political-cultural change to the global history of urban planning’s advancement. Accordingly, it opens a new window to rethink Filipino ethno-history and societal evolution, alongside the opportunity to compare the Philippines with other nations that undertook planning projects as part of their decolonisation process and early-postcolonial advancement. The book utilises theoretical frames in order to help creatively excavate the era 1935–46 for the purpose of not just revealing what public works occurred, but to also uncover what those projects meant to the Commonwealth Government, the BPW’s staff, and the public who benefitted from public works projects. The book will be relevant to students and researchers of Urban History, Asian and American (Empire) History, and Imperial and Colonial Studies. Architects, planners, and members of the public who are interested in the form and meaning of urban environments designed/constructed in the past will also find the publication to be of great interest.

This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.

Winner of the 2020 IPHS Koos Bosma Prize American Colonisation and the City Beautiful explores the history of city planning and the evolution of the built environment in the Philippines between 1916 and 1935. In so doing, it highlights the activities of the Bureau of Public Works’ Division of Architecture as part of Philippine national development and decolonisation. Morley provides new archival materials which deliver significant insight into the dynamics associated with both governance and city planning during the American colonial era in the Philippines, with links between prominent American university educators and Filipino architecture students. The book discusses the two cities of Tayabas and Iloilo which highlight the significant role in the urban design of places beyond the typical historiographical focus of Manila and Baguio. These examples will aid in further understanding the appearance and meaning of Philippine cities during an important era in the nation’s history. Including numerous black and white images, this book is essential for academics, researchers and students of city and urban planning, the history and development of Southeast Asia and those interested in colonial relations.

This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.

This Element explores how in the Philippines a 'whiggish' narrative of democracy and good governance triumphing over dictatorship and kleptocracy after the 'people power' uprising against Ferdinand E. Marcos in 1986 was upended by strongman Rodrigo R. Duterte three decades later. Portraying his father's authoritarian rule as a 'golden age,' Ferdinand R. Marcos, Jr. succeeded Duterte by easily winning the 2022 presidential election, suggesting democratic backsliding will persist. A structuralist account of the inherent instability of the country's oligarchical democracy offers a plausible explanation of repeated crises but underplays agency. Strategic groups have pushed back against executive aggrandizement. Offering a 'structuration' perspective, presidential power and elite pushback are examined as is the reliance on political violence and the instrumentalization of mass poverty. These factors have recurrently combined to lead to the fall, restoration, and now steep decline of democracy in the Philippines.