英文摘要 |
Confronted by the global economic meltdown, the central challenge for Philippine constitutionalism is that its regulatory state emerged as a response not to an episodic and passing crisis like the Great Depression but to the systemic and structural needs of a developing country. Due to deep-seated fears of a return to dictatorship, all forms of emergency powers are checked by institutional and popular safeguards. The economic challenge qua crisis can therefore justify only temporary measures calibrated to address specific problems. The state can embark on long-term institutional reforms only by construing the challenge qua developmental imperative, but can do so only by maintaining the fiction that everything is business-as-usual, thus disabling the state from undertaking more fundamental reforms. Either way, to the extent that constitutionalism is a “Western transplant,” we overburden weak and underdeveloped state institutions which, thus expanded, become vulnerable to manipulation by corrupt and corrupting elites. |