POLITICS and GOVERNANCE with CONSTITUTION

(Lecture 1)

Prepared by: Raizza Corpuz

LAW, JUSTICE and RIGHTS

Human Rights

Social Justice

The Rule of Law

Ethics of Law

OBJECTIVES

• To understand the basic concept of political science

• To develop a critical way of thinking in interpreting Politics and Government.

• To evaluate how they know and understand the topic

POLITICAL SCIENCE (De Leon, 1999)

Systematic study of state and government

POLITICAL- derived from the Greek word “POLIS” –meaning a city or the sovereign state

SCIENCE- comes from the Latin “SCIRE”-means “to know”

SCIENCE of POLITICS

1. It is the basic knowledge and understanding of the state and the principles and ideals which underlie its organization and activities.

2. It is primarily concerned with the association of human beings into ‘body politic’ or in a political community.

3. It deals with those relations among men and groups which are subject to control by the state with the relations of men and groups to the state itself and the relations of the state to other state.

INTERPRETATION of the DIAGRAM PEOPLE as the FOCAL of all areas of POLITICS,

GOVERNMENT and CONSTITUTION because it is the human individual who is the revolving actor of the state, it is to people why there is an existent laws.

The right is vested to and it simply denotes that the he/she is the main actor and the recipient of the basic REASON why law exists.

SCOPE of POLITICAL SCIENCE1. Political Theory- the entire body of the

doctrines relating to the form, behavior and purposes of the state are dealt with in this study

2. Public Law: a. Organization of governmentsb. Limitations upon government authorityc. Powers and Duty of government offices and

officers

Stages in the Study of Political Science1. Religious Stage – the government, it’s leaders and laws was considered as divine or divinely inspired.2. Metaphysical Stage – the state was considered as a human institution and it is therefore absolute (cannot be changed).3. Modern Stage – the state was deemed capable of being improved by rulers and subjects according to certain principles and laws.

DEVELOPMENT OF POLITICAL SCIENCE• Aristotle

– wrote “Politics”, the first systematic work on political affairs.

– Father of Political Science• Niccolo Machiavelli

– wrote “The Prince”, a handbook for rulers in the art of government.

– Father of Modern Political Science• Prof. Francis Lieber

– wrote “Manual of Political Ethics”; the first systematic treatise in political science

CONCEPTS OF THE STATE and THE GOVERNMENT

What is a state?

A group of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience.

Elements of a State

• People• Territory• Government• Sovereignty

What is the difference between Nation and State?

• State is a legal or juristic concept, while Nation is an ethnic or racial concept.

• Nasci = to be born indicates a relation of birth or origin and implies a common race.

Thus, a nation may comprise several states Example: Egypt, Iraq, Saudi, Lebanon, Jordan, etc. belong to Arab nation.

What is the difference between Nation and State?

• It is also possible for a single state to be made up of more than one nation, e.g. US which was the “melting pot” of many nations that were eventually combined into the “American nation”

• Filipino Nation

A. People• Different meanings as used in the 1987

Constitution:1. Inhabitants (sec. 2, Art III; sec. 1, Art. XIII);2. Citizens (sec. 1 & 4, Art II; sec 7, art. III);3. Electors (sec. 4, Art. VII)

• As a requisite for Statehood, there should be an adequate number for self-sufficiency and defense; of both sexes for perpetuity (permanency)

What is the Difference between Citizenship and Nationality?

Citizenship

• Legal or juristic

• Can be changed or taken-back

Nationality

• Ethnic or racial

• Absolute, Innate

B. Territory

The National TerritorySec. 1, Art. I: The national territory comprises the

Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.”

Components of Philippine Territory :

1. Terrestrial = land2. Fluvial = internal waters3. Aerial domains = aerospace4. Marine = external waters both surface and sub-aquatic

C. Government

• The agency or instrumentality through which the will of the State is formulated, expressed and realized.

• Our Constitution, however, requires our government to be democratic and republican.

C. Government

Section 1, Art II. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

REPUBLICAN• It is one wherein all government authority

emanates from the people and is exercised by representatives chosen by the people.

C. GovernmentDEMOCRATIC: This emphasizes that the

Philippines has some aspects of direct democracy such as initiative and referendum.

• Initiative -- Initiative" is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.

• Referendum-- is the power of the electorate to approve or reject a legislation through an election called for the purpose (final approval to a popular vote by the electorate)

D. Sovereignty

• The supreme and uncontrollable power innate in a State by which that State is governed.

• Sovereignty resides in the people and all government authority emanates from them. (Sec. 1 Art.II)

Duties of the State

1. Peace and Order2. Political Harmony (Good

Laws)3. Social Justice4. Economic Development

Theories of State Origin

• Divine Theory – the state is of divine origin, all political authority emanates from God.

• Social Contract Theory - this theory states that men agreed among themselves to live under one civil society or body politic. A person surrendered his natural liberty but gained in return the protection and civil rights guaranteed by the governments.

• Force Theory – the state has arisen through sheer force; a tribe conquering other tribes to form a kingdom.

REFERENCES

Political Law, Isagani Cruz Philippine Constitution De Leon, 1997

Chan Robles Virtual Law Library Law Phil Project

Great Political Theories