REVIEW OF LEGHIS MIDTERM

1. Why nations fail, explain how the breakdown of feudalism

explains the concept of institutional drift.
Institutional drift small differences magnify over time
Authors version of genetic drift.
Just like in the breakdown of feudalism- feudalism broke down because
of the decrease of supply of labor because of the bubonic plague. So
when the landlords were in need of labor but the tillers of the land
were now aware that they could demand concessions from the
landowners so they had this negotiations but just like what happened
in western Europe
Western and Eastern Europe differences
Laborers in western Europe were better organized than the laborers in
eastern Europe
Over time because they were able to ask for more, they were able to
ask for even more so over time it led to a vast difference. So thats
institutional drift.
To answer this: you need to know the reason for the breakdown of
feudalism and you need to know institutional drift
2. In re shoop. Is the Philippines a common law jurisdiction? Explain
how broad or limited is the characterization of the Court in terms
of doctrinal value.
Yes. The Court said that the Philippines is a common law jurisdiction,
even if there is a mixture of civil and common law.
What is the implications of this declaration. Limited in terms of it was
only to determine the comity rule only for the application of Max
Shoop. Not for others.
During that time it stated that the Philippines will admit if the other
country will admit the same privilege. New York says, we will admit
foreign lawyers as long as they also admit that they are from common
law jurisdiction. In terms of doctrinal value, it is limited to the
reciprocity issue.
Pro hac vice limited

3. Explain the Jeffersonian theory of coordinate review under

McConnell. Under this view, if there is a conflict in interpretation
of the constitution and the law, which shall prevail.
If you have 3 entities who are supreme interpreters on their own
what do you mean by on its own
The jeffersonians said that this rule offered triple security they are
superior in their own sphere of influence. Execution, executive is
supreme. Legislation, legislative is supreme. Adjudication, judiciary is
supreme.
4. What are two distinct but complementary ways in which growth
in extractive institutions can emerge?
If the extractive institutions
5. Did Angara establish judicial review in the Philippines? How did
Angara justify judicial review?
No, because even before Angara was out, the Organic Acts already
provided judicial review. Justification was necessity there must be a
referee. Otherwise, no one will resolve the conflict and the dispute will
just perpetuate.
Principle of separation of powers in the 1935 Consti, provided not by
express grant but by the structural differences of giving of powers.
6. IN capital in the 21st century, how does Piketty explain the
Whereas before, in the top 10% most of the income earners there
derive their income from capital but because of a recent development,
after the Belle Epoque in France, in the US, what happened was that
there was a structural change in the top 10%. Before you reach that
group of people who earn almost entirely from capital, it is much
higher in the hierarchy.
You have to climb much higher in the social hierarchy before you reach
the group who earns mostly from capital.
What explains this structural change?
The rise of the supermanagers the CEOs etc. They earn income not
just by owning stocks or land but by being executives.

7. According to Merryman, what is the historical motive for

establishing a separation of powers during the intellectual
revolution in the west.
To isolate the judiciary there were reforms during the revolution and
the judiciary tried to block it. The judiciary were identified with the
landed elite during that time. They established the separation of
powers so that the judiciary will be limited to the adjudication of
disputes, they could not legislate or execute laws.
8. Compare your answer in question 7 to the historical role of the
judiciary in the common law jurisdictions in England.
The judiciary operated as a force to protect private rights. There was
stare decisis, there was judge made law. Experience with the judiciary
is better there is no animosity with the judiciary like with the French.
In civil law jurisdictions, its an application of positive law.
9. True or False. Phil Islands extending full applicability of the US
Constitution.
False. Not so much fundamental rights.
10.
False because the structure is that the executive is strong. Because the
colonizing powers wanted the executive to be strong. In the present
consti, the executive has a lot of powers. He appoints the justices of
the SC, also appoints the members of the JBC. He appoints the
screening committee, he appoints the justices themselves. In the JBC a
member is the DOJ, his alter ego.
The powers of the president under the 1987 Consti is a strong one
despite our ML experience, because we copied from the previous
constis, which was drafted from copies of the organic laws.