PS 100 Political Science & Philippine Constitution

Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.

POLITICAL SCIENCE 100 Politics & Philippine Constitution

INTRODUCTION CONCEPT OF POLITICAL SCIENCE & POLITICS

POLITICAL SCIENCE
- Political = Gk. :polis city or state. Science = Lat. : scire to know. Political Science is the to know the city or state. - The systematic study of the State and all its elements and their relationship. - It is concerned with the association of human beings into a body politic or a political community (one organized under government and law). - It deals with those: 1) relations among men and groups which are subject to control by the State; 2) relations of men and groups to the State itself; and 3) relations of the State to other States.

INTRODUCTION CONCEPT OF POLITICAL SCIENCE & POLITICS

POLITICS
- The art of decision making. - The art or science of government concerned with the proper management of the affairs of society.

INTRODUCTION SCOPE OF POLITICAL SCIENCE

1. Political Theory deals with the study of the State through a systematic body of principles relating to the origin, form, behavior, and purposes of the State, and upon which its political system operates. 2. Political Dynamics focuses on forces at work in government and politics and covers pressure or interest groups, public opinion and propaganda and political parties.

INTRODUCTION SCOPE OF POLITICAL SCIENCE 3. Foreign Relations/International Relations involves inquiries into the foreign policy of nation-states in their mutual relationships on the different forces geographical, technological, economic, psychological and political which contribute to the shaping of such policy. 4. Government deals with the study of government set up of a State on both national and local levels, and covers the State constitution, laws, citizenship, structures of the various levels of government, the election process, the judicial system, political parties, interest groups, foreign affairs, etc.

INTRODUCTION SCOPE OF POLITICAL SCIENCE 5. Comparative Government seeks to study the similarities and differences among States as regards their executive, legislative, and judicial bodies, their constitutions, laws, administrative organizations, foreign policies, political parties and processes, economic, social and political functions, and their cultures and traditions. 6. International Law refers to the body of generally accepted principles that governs the relationship between and regulates the conduct of nation-states.

INTRODUCTION SCOPE OF POLITICAL SCIENCE 7. Constitution seeks to study the growth and development, roles and functions of the organic law of the State. 8. Public Administration focuses upon the methods and techniques used in the actual management of State affairs by executive, legislative, and judicial branches of government. 9. Public Law deals with the organization of governments, the limitations upon government authority, the powers and duties of governmental offices and officers and the obligations of one State to another.

INTRODUCTION KINDS OF POLITICAL THEORY

1. Political Philosophy expresses the moral or ethical standards that governments may adopt to run public affairs.
2. Political Ideology refers to a belief system that explains and justifies a preferred political order for society, either existing or proposed, and offers strategy (processes, institutions, programs) for its attainment.

INTRODUCTION KINDS OF PUBLIC LAW

1. Political Law deals with the organization and operation of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (Macariola vs. Asuncion, 114 SCRA 77). 2. Constitutional Law the law embodied in the Constitution as well as the principles growing out of the interpretation and application made by the courts, particularly the Supreme Court being the court of last resort, of the provisions of the Constitution in specific cases.

3.

Administrative Law fixes the organization of government, determines the competence of the authorities that execute the law, and indicates to the individual the remedies for the violation of his rights.

INTRODUCTION KINDS OF PUBLIC LAW

4. Law on Public Corporation deals with the study of such public corporations as barangays, municipalities, cities and/or chartered cities and provinces as well as such quasi-public corporations as the government-owned and controlled corporations. Law on Public Offices and Officers deals with the public office, its creation, modification and dissolution and, the eligibility, manner of election or appointment and assumption of office, rights, duties, powers, inhibitions, liabilities, and the modes of terminating the official relations of public officers. Election Law deals with the study of the means by which the people choose their officials to whom, for definite and fixed periods, they entrust for the time being, as their representatives, the exercise of the fundamental powers of government.

5.

6.

INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Political Science

History - presents history as past politics.

uses knowledge of the past as it seeks to interpret present and probable developments in political phenomena
regularly adopts an economic approach in seeking to interpret such matters as financial policies and government regulation of business. adopts in seeking to explain the growth and development of political phenomena like democratic and authoritarian governments.

Economics - focuses on the study of the production, distribution, conservation, and consumption of wealth.

Geography/Geopolitics - deals with the study of physical factors such as population pressures, sources of raw materials, etc. upon domestic and foreign politics.

INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Sociology/Anthropology - focuses on the origins and nature of social control and governmental authority with the abiding influences of race and culture upon society, and with the patterns of collective human behavior. Political Science

uses the findings of sociologists and anthropologists on crime, marital relations problems, juvenile delinquency, housing problems, etc. in aid of lawmaking and policy making. uses the theories and principles of psychology in dealing with public opinion, pressure groups, and propaganda.

Psychology - provides a well-spring of knowledge to political scientists in knowing how man acts and behaves to achieve popular esteem through the successful exercise of political leadership or the attainment of political power.

INTRODUCTION
INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING
Branches of Learning Philosophy - provides theories about the origin of State, individualism, democracy, communism, the separation of governmental powers, and many others. Statistics and Logic - provides statistical procedures for the quantitative measurement of political phenomena and of logical procedures for the analysis of reasoning. Jurisprudence - provides analysis of existing legal systems, and with the ethical, historical, sociological, and psychological foundations of law. Political Science

Uses the different philosophical concepts in explaining political phenomena.

ensures the proper application of statistical procedures for the quantitative measurement of political phenomena and of logical procedures for the analysis of reasoning. integrates legal and extra-legal viewpoints to maintain a full understanding of the facts of political life.

INTRODUCTION FUNCTIONS AND IMPORTANCE OF POLITCAL SCIENCE 1. To discover principles that should be adhered to in public affairs. 2. To study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements. 3. To utilize its insights for constitution-making, legislation, law enforcement, resolution of conflicting claims and interests, and responding to matters of public concern.

INTRODUCTION GOALS IN THE STUDY OF POLITCAL SCIENCE

1. Education for Citizenship. Productive, pro-active citizens Career preparation

2. Essential parts of Liberal Education. Liberation from: ignorance, mediocrity and passivity Maxim: eternal vigilance is the price of liberty. : requires: study, information, understanding: government and politics
3. Knowledge and understanding of Government. a condition sine qua non for responsible citizenship and social responsibility.

INTRODUCTION CONCEPT OF STATE

STATE
A community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience and enjoying freedom from external control.

INTRODUCTION ELEMENTS OF STATE

1. PEOPLE. They are the inhabitants of the State. 2. TERRITORY. It is a fixed portion in the surface of the earth. 3. GOVERNMENT. It is an agency through which the will of the State is formulated, expressed and carried out. 4. SOVEREIGNTY. It is the supreme power to command and enforce obedience to its will from the people within its jurisdiction and corollarily, to have freedom from foreign control. 5. RECOGNITION. It is an act of one State to recognize the legitimacy of government of another States.

INTRODUCTION THE THREE BRANCHES OF GOVERNMENT 1. THE EXECUTIVE DEPARTMENT. The law-enforcing body which executes, implements and administers laws. 2. THE LEGISLATIVE DEPARTMENT. The law-making body which enacts laws and repeal the same. 3. THE JUDICIARY. The law-interpreting body which interprets and applies the provisions of law in a specific controversy, or which hears and decide a case.

INTRODUCTION TWO MANIFESTATIONS OF SOVEREIGNTY

1. INTERNAL SOVEREIGNTY. The power of the State to rule within its territory. 2. EXTERNAL SOVEREIGNTY. The power of the State to carry out its activities without subjection to or control by other States.

INTRODUCTION THE THREE FUNDAMENTAL POWERS OF GOVERNMENT 1. THE EXECUTIVE POWER. The power to execute, implement and administer laws. 2. THE LEGISLATIVE POWER. The power to enact laws and repeal the same. 3. THE JUDICIAL POWER. The power to interpret and apply the provisions of law in a specific controversy, and the power to hear and decide a case.

INTRODUCTION THE THREE INHERENT POWERS OF THE STATE 1. POLICE POWER. The power to enact laws for the promotion of public safety and order, public health, public morals, education and general welfare. 2. TAXATION POWER. The power to exact proportional contribution from the people to defray the cost of governmental expenditures. 3. POWER OF EMINENT DOMAIN. The power to take private property for public use upon payment of just compensation.

INTRODUCTION THEORIES IN THE ORIGIN OF STATE

1. DIVINE RIGHT THEORY. The state is a divine creation and the ruler is ordained by God to rule the people. 2. FORCED / NECESSITY THEORY. The State must have been created through force, by some great warriors who imposed their will upon the weak. PATERNALISTIC THEORY. The State evolves or emerges from the family, clan tribe, nation and State. SOCIAL CONTRACT THEORY. The State is created by the voluntary and deliberate act of people to form society for their mutual benefit and protection.

3.

4.

INTRODUCTION FORMS OF GOVERNMENT

A. AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS OF SOVEREIGNTY 1. MONARCHY. The fundamental powers of the government are exercised by one single person. In ABSOLUTE MONARCHY, the monarch rules by divine right. In LIMITED MONARCHY, the monarch rules in accordance with a Constitution. 2. ARISTOCRACY. The

fundamental powers of the government or political powers are exercised by a privileged class.

INTRODUCTION FORMS OF GOVERNMENT

A. AS TO THE NUMBER OF PERSONS EXERCISING THE POWERS OF SOVEREIGNTY 3. DEMOCRACY. The fundamental powers of government are exercised by a majority of the people.

a. DIRECT/PURE DEMOCRACY the will of the STATE is

formulated or expressed directly and immediately through the people in a mass meeting or primary assembly.

b. INDIRECT/REPRESENTATIVE/REPUBLICAN DEMOCRACY
the will of the STATE is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives.

INTRODUCTION FORMS OF GOVERNMENT

B. AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRAL OR NATIONAL GOVERNMENT 1. UNITARY GOVERNMENT the central or national government exercises the control of national and local affairs. 2. FEDERAL GOVERNMENT the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere.

INTRODUCTION FORMS OF GOVERNMENT

C. AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT. 1. PARLIAMENTARY GOVERNMENT the executive leadership is composed of leading members of the legislature. 2. PRESIDENTIAL GOVERNMENT the Executive is constitutionally independent of the legislature as regards his tenure and his policies and acts.

INTRODUCTION FORMS OF GOVERNMENT

C. AS TO ITS LEGITIMACY. 1. DE FACTO GOVERNMENT a government that has not sufficiently demonstrated its compliance with the conditions set forth by the Community of Nations for the Recognition of a State.

2. DE JURE GOVERNMENT a government that sufficiently demonstrated its compliance with the following conditions set forth by the Community of Nations for the RECOGNITION OF A STATE:
a. b. c. The Government has control of the administrative machinery of the State. The Government has popular acquiescence. The Government is willing and able to comply with its international obligations.

INTRODUCTION CONCEPT OF CONSTITUTION

CONSTITUTION

CONSTITUTION refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.

CONSTITUTION OF THE PHILIPPINES

CONSTITUTION OF THE PHILIPPINES may be defined as that written instrument by which:

The fundamental powers of government are established, limited, and defined; and These powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.

INTRODUCTION NATURE & PURPOSE OR FUNCTION OF CONSTITUTION

1. SERVES AS THE SUPREME OR FUNDAMENTAL LAW.
THE HIGHEST LEVEL IN THE HIERARCHY OF LAWS. ALL OTHER LAWS MUST CONFORM TO IT. THE TEST OF THE LEGALITY OF ALL GOVERNMENTAL ACTIONS.

2.

ESTABLISHES BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OF GOVERNMENT.

AN ORGANIC LAW UPON WHICH GOVERNMENTS EXISTENCE IS BASED. IT PRESCRIBES THE PERMANENT FRAMEWORK OF THE SYSTEM OF GOVERNMENT. IT ASSIGNS TO THE DIFFERENT DEPARTMENTS THEIR RESPECTIVE POWERS AND DUTIES. IT ESTABLISHES CERTAIN BASIC PRINCIPLES ON WHICH THE GOVERNMENT IS FOUNDED. IT PRESERVES AND PROTECTS THE RIGHTS OF INDIVIDUALS AGAINST THE ARBITRARY ACTIONS OF THOSE IN AUTHORITY.

INTRODUCTION MEANING OF CONSTITUTIONAL LAW

CONSTITUTIONAL LAW

CONSTITUTIONAL LAW.

It may be defined as that branch of public law which treats of constitutions, their nature, formation, amendment, and interpretation. principles growing out of the interpretation and application made by the courts (particularly the Supreme Court, being the court of last resort) of the provisions of the Constitution in specific cases.

It refers to the law embodied in the Constitution as well as the

ROLE OF CONSTITUTIONAL LAW

To effect an equilibrium between authority and liberty so that rights are exercised within the framework of the law and laws are enacted with due reference to rights.

INTRODUCTION KINDS OF CONSTITUTION

A. AS TO THEIR ORIGIN AND HISTORY.

1.

CONVENTIONAL OR ENACTED. One which is enacted by a constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889.
CUMULATIVE OR EVLOVED. One which is a product of growth or long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

2.

B.

AS TO THEIR FORM. 1. WRITTEN. One which has been given definite written form at a particular time, usually by a specially constituted authority called a constitutional convention. UNWRITTEN. One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.

2.

INTRODUCTION KINDS OF CONSTITUTION

C. AS TO MANNER OF AMENDING THEM 1. RIGID OR INELASTIC. One regarded as a document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process FLEXIBLE OR ELASTIC. One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

2.

The Philippine constitution may be classified as conventional or enacted, written, and rigid or inelastic. It was drafted by an appointive body called Constitutional Commission.

INTRODUCTION
ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION
ADVANTAGES Clearness and definiteness insofar as it is prepared with great care and deliberation. It cannot be easily bent or twisted by the legislature or the courts to meet the temporary fancies of the moment. The protection it affords and the rights it guarantees are apt to be more secure. It is more stable and free from all dangers of temporary popular passion. It is difficult to be amended. It prevents the immediate introduction of needed changes. It hinders the healthy growth and progress of the State. DISADVANTAGES

INTRODUCTION REQUISITES OF A GOOD WRITTEN CONSTITUTION

AS TO FORM 1. BRIEF. It only outlines the structure of the government of the whole State and the rights of the citizens.

2.

BROAD. It is a comprehensive statement of the powers and functions of government, and of the relations between the governing body and the governed. DEFINITE. In order to ensure easy and clear interpretation and application of its provisions to concrete situations.

3.

INTRODUCTION REQUISITES OF A GOOD WRITTEN CONSTITUTION

AS TO CONTENTS 1. CONSTITUTION OF GOVERNMENT. It deals with the framework of government and its powers and defines the electorate as well.

2.

CONSTITUTION OF LIBERTY. It sets forth the fundamental rights of the people and imposes certain limitations on the powers of government as a means of securing the enjoyment of these rights. CONSTITUTION OF SOVEREIGNTY. It points out the mode or procedure for the amendment or revision of the Constitution.

3.

INTRODUCTION
CONSTITUTION DISTINGUISHED FROM STATUTE
CONSTITUTION A legislation direct from the people It merely states the general framework of the law and the government. It is intended not merely to meet existing conditions but to govern the future. It is the supreme or fundamental law of the State. STATUTE A legislation from the peoples representatives.

It provides the details of the subject of which it treats.

It is intended primarily to meet existing conditions only. It must conform to the provisions and intent of the Constitution.

INTRODUCTION AUTHORITY TO INTERPRET THE CONSTITUTION

1. PRIVATE INDIVIDUAL. One may interpret or ascertain the meaning of a particular provisions of the Constitution. Such interpretation may govern his own actions and guide him in his dealings with other persons.

2.

THE JUDICIARY (COURTS) Final decisions are binding on all departments or organs of government, including the legislature. It construes/interprets the applicable constitutional provisions not in accordance with how the executive or legislative department may want them construed or interpreted, but in accordance with what said provisions say and provide.

INTRODUCTION AUTHORITY TO INTERPRET THE CONSTITUTION

2. THE JUDICIARY (COURTS) Constitutional or Political Questions - are those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislature or executive branch of the government. They are beyond the power of the Judiciary. For example: The determination of the President as to which foreign government is to be recognized by the Philippines.