Kindly sign the attendance.

Be reminded of the paper for the

Movie (The King’s Speech).
Handwritten/Printed
Deadline: April 4, 2018 (LATE)
1:00 -3:00 pm
CONCEPT OF
 STATE
community of persons, more or less
numerous, occupying a definite territory,
possessing an organized government, and
enjoying independence form external control
 STATE
community of persons, more or
less numerous, occupying a
definite territory, possessing an
organized government, and
enjoying independence form
external control
NATION
defined as people, or aggregation
of men, exhibiting in the form of
an organized society, usually
inhabiting a distinct portion of the
earth, speaking the same customs,
possessing historic continuity, and
disguised from other like groups by
their racial origin and
characteristics, but not necessarily
living under the same government
and soveriegnty
 STATE NATION
• more of a political concept • racial or ethical
 ELEMENTS OF STATE
entire body of citizens of a state who
are invested with political power for
political purposes
PEOPLE TERRITORY

GOVERNMENT SOVEREIGNTY
 ELEMENTS OF STATE
DISCOVERY AND OCCUPATION geographical area under the jurisdiction
of another country or sovereign power
(1) Uninhabited lands, (2) Lands inhabited by
or state; must be fixed
uncivilized persons, and (3) lands discovered
by a state but which it failed to occupy for
PEOPLE TERRITORY
unreasonable length of time

PRESCRIPTION

through continuous and undisputed exercise

of sovereignty over it during such period (not
definite/50 years)
 ELEMENTS OF STATE
CESSION geographical area under the jurisdiction
of another country or sovereign power
the assignment, transfer or yielding up of or state; must be fixed
territory by one state or government to
PEOPLE TERRITORY
another: SALE/DONATION

SUBJUGATION AND ANNEXATION

Voluntary acquisition ; by occupation or

conquest in the course of war and by
annexation at the end of the war
 ELEMENTS OF STATE
ACCRETION geographical area under the jurisdiction
Addition of portions of soil, either artificial such of another country or sovereign power
as reclamation or state; must be fixed
PEOPLE TERRITORY
 ELEMENTS OF STATE
entire body of citizens of a state who geographical area under the jurisdiction
are invested with political power for of another country or sovereign power
political purposes or state; must be fixed
PEOPLE TERRITORY

GOVERNMENT SOVEREIGNTY

Totality of authorities which rule a

society by prescribing and carrying our
fundamental rules which regulate the
freedom
 ELEMENTS OF STATE
entire body of citizens of a state who De juregeographical
or Legitimate
CESSIONareaGovernment
under the jurisdiction
are invested with political power for of another country or sovereign power
political purposes or the
established according to state; must be fixed
constitution of the
PEOPLE
nation, and lawfully entitled to recognition and
TERRITORY
supremacy administration of the nation

De Facto or Illegitimate Government

GOVERNMENT
Totality of authorities which rule a
society by prescribing and carrying our
fundamental rules which regulate the
freedom
SOVEREIGNTY
one not so constituted or founded with the
existing constitution but has the general
support of the people and has effective
control of the territory over which it exercises
its powers
 ELEMENTS OF STATE
Government by REVOLUTION Government by OCCUPATION
- established by the inhabitant who rise in revolt - established in the course of war by the
entire body and
against of citizens
deposeoflegitimate
a state who
regime invading forcesgeographical area under
of one belligerent thein
country jurisdiction
the
are invested with political power for territory ofofanother
anotherbelligerent
country orcountry
sovereign power
political purposes or state; must be fixed
Government by SECESSION
- established by the inhabitant who secedePEOPLE TERRITORY

therefrom without overthrowing its government

DE FACTO
GOVERNMENT SOVEREIGNTY
or
Illegitimate Government
ELEMENTS OF STATE

PEOPLE TERRITORY

GOVERNMENT SOVEREIGNTY It is the supreme power of the state to

command and enforce obedience to its
will from people within its jurisdiction,
and to have freedom from foreign
control.
 TWO MANIFESTATIONS OF SOVEREIGNTY:
1. Internal or the power of the state to rule within
its territory;

2. External or the freedom of the state to carry out

its activities without subjection or control by
other states. External sovereignty is often
referred to as INDEPENDENCE.
Note that these internal and external
aspects of sovereignty are not absolutely
true in practice because of the
development of international relations
and consequently international law.
1.Legal sovereignty is the possession of unlimited
power to make laws. It is the authority by which
law has the power to issue commands.

2.Political sovereignty is the sum total of all the

influences in a state which lie behind the law. It
is roughly defined as the power of the people.
ADDITIONAL ELEMENT:
RECOGNITION
 What is imperium? Dominium?
Imperium is the right of the State to pass or
enact its own laws and employ force to secure
obedience thereto, maintain peace and order
within its territorial limits, defend the State
against foreign invasion, and do any other act
of government over its people and territory.
Dominium refers to the independent proprietary
right of possession, use, conservation,
disposition or sale, and control by the State over
its territorial lands.
Characteristics of Sovereignty
1. Permanence;
2. Exclusivity;
3. Comprehensiveness;
4. Absoluteness;
5. Individuality;
6. Inalienability; and
7. Imprescritibility
Permanence means it exist in the same form forever or for a
very long time.

Exclusivity means it is limited to a group of people.

Comprehensiveness means including everything, so as to be

complete comprehensive knowledge of the subject.

Absoluteness means possessing unlimited power: having

total power and authority.
Individuality means the state or condition of being
separate from others.

Inalienability means it is impossible to take away or not

able to be transferred or taken away, e.g. because of being
protected by law.

Imprescribility it means not to be taken away or impossible

to remove or violate the people's imprescriptible rights.
 GOVERNANCE
1. manner of government: the system or manner of government;

2. state of governing a place: the act or state of governing a place;

3. authority: control or authority

 ADMINISTRATION
It means the management of the
affairs of a business, organization, or
institution.
GOVERNMENT
The principal forms are the following:
1.As to number of persons exercising sovereign
powers;
2. As to extent of powers exercised by the central or
national government;
3. As to relationship between the executive and the
legislative branches of the government;
4. As to source of power or authority:
1. As to number of persons exercising sovereign powers:

A. Government by one
A1) Monarchy or one in which the supreme and final
authority is in the hands of a single person without
regard to the source of his election or the nature or
duration of his tenure. Monarchies are further
classified into:
Monarchs include such rulers as kings and queens, emperors and
empresses, tsars, and kaisers.

Two types of Monarchical government:

1. Absolute Monarchy or one in which the ruler rules by divine right;
and

2. Limited monarchy or one in which the ruler rules in accordance

with a constitution. The power of the monarch varies from
absolute to very limited; the latter is exemplified in modern-day
constitutional monarchies.
Authoritarian or one in which the supreme power of the
dictator whose power is usually through force.

1. strict and demanding obedience: favoring strict rules and

established authority;

2. demanding political obedience: belonging to or believing in

a political system in which obedience to the ruling person or
group is strongly enforced.
B. Government by few
B1 Aristocracy or one in which political power is exercised by
few privileged class.

1. people of highest social class: people of noble families or the

highest social class
2. superior group: a group believed to be superior to all others of
the same kind
3. government by elite: government of a country by a small group of
people, especially a hereditary nobility
4. state run by elite: a state governed by an aristocracy.
B2 Oligarchy

1. small governing group: a small group of people who together

govern a nation or control an organization, often for their own
purposes;
2. entity ruled by oligarchy: a nation governed or an organization
controlled by an oligarchy;
3. government by small group: government or control by a small
group of people.
Sources of their power:
1. By birth
2. By wealth
3. By wisdom

In an aristocracy, although the power of government is wielded

by a few, theoretically the administration of government is
carried on for the welfare of the many.
 C. Government by many
C1 Democracy political power is exercised by the majority of the
people.
C1.1 Direct or pure democracy (the will of the state is formulated or
expressed directly and immediately through the people in a mass
meeting or primary assembly.

C1.2 Indirect, representative or republican democracy or one in which 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.
2. As to extent of powers exercised by the central or
national government:

A. Unitary government or one in which the control of

national and local affairs is exercised by the national
government;
B. Federal government or one in which 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.
3. As to relationship between the executive and the
legislative branches of the government:

A. Parliamentary government or cabinet gov’t. is one in

which the executive and legislative branch of the
government are dependent or executive branch is part of
the legislative branch.
B. Presidential government or one in which the state makes
the executive independent from the legislative.
4. As to source of power or authority:
A. De facto is one not so constituted or founded with
the existing constitution but has the general support of
the people and has effective control of the territory over
which it exercises its powers.
B. De Jure is one which is constituted or founded in
accordance with the existing constitution of the state but
has no control of the territory.
C. Hereditary & Elective
 Checks and Balances
the doctrine and practice of dispersing political
power and creating mutual accountability among
political entities such as the courts, the president or
prime minister, the legislature, and the citizens
 Separation of Powers

the doctrine and practice of dividing the

powers of a government among different
branches to guard against abuse of authority.
 CONSTITUTION
It is a system of fundamental laws or
principles for the government of nation, society,
corporation or other aggregation of individuals
and it may be either written or unwritten.
BASIC PURPOSES OF CONSTITUTION:

1. Prescribes the permanent framework of the system of

government;
2. It assigns to the different departments their respective
powers and duties; &
3. It establishes basic principles on which the government is
founded.
DIFFERENT KINDS OF CONSTITUTION:
1. As to form:
a. Written – one which has been reduced in writing at a
particular time fashioned out usually by a constitutional
convention; &

b. Unwritten – one that is the product of political evolution,

both in form and in substance, not inaugurated at any specific
time and changing by accretion rather than by systematic
method.
2. As to origin
a. Cumulative or evolved – one where it has its origin
mainly on customs, common law principles, and decisions
of courts. It is the product of historical evolution and growth
rather than of deliberate and formal enactment.

b. Convention or enactment – one that is the product of

deliberate assembly and consciously adopted formally.
3. As to modality of amendment

a. Rigid – one that cannot be amended except by

the very procedure spelled out in that Charter itself
which is rigid.
b. Flexible – one which possesses no higher legal
authority than ordinary laws which can be amended
easily.
Major parts of a Constitution:
1. The Constitution of Government
That portion which establishes the major
organs of government and defines and
allocates these powers among the several
departments.
2. The Constitution of Liberty
The provisions guaranteeing individual rights which
may be invoked against the massive powers of the
government in case of excesses or abuses.

3. Constitution of Sovereignty
That part of the Constitution where it spells out the
authority of the people as the repository of sovereignty
to approve or change a Constitution.
Requisites of a good Constitution:
1. It must be broad. It must outline an organization of the
government for the whole State.
2. It must be brief. It is a document that should not be too
detailed in form.
3. It must be definite. Clarity and definiteness are
indispensable ingredients of a Constitution.
MIDTERM EXAM
THURSDAY
April 05, 2018
Multiple Choice
Modified true or False
Identification
Analogy ( 1:2 ; __:4 )
• Multiple Choice
• Modified true or False
• Identification
• Analogy ( 1:2 ; __:4 )