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Political Science
Political Science
What comes into your minds when you hear the word “politics”?
Election, Money, Power, Justice, Laws, Corruption, Lobbying,
Politicians. State your personal idea or definition of what Political
Science is. Would you want to be in Politics, why or why not?
1.Political theory includes study of doctrines about the origin, form and
purposes of the state.
“The ordinary thief steals your money, watch gold etc. But the political
thief steals your future, career, education, health and business.” Do you
personally agree to this statement? Why or why not?
2. Territory- this includes not only the land over which the
jurisdiction of the state extends, but also the rivers and lakes
therein, a certain area of the sea which abuts upon its coast and
the air space above it. Thus the domain of the state may be
described as terrestrial, fluvial, maritime and aerial.
The smallest state when it comes to territory is the Vatican
while the largest state is Canada.
1. Divine right theory. – It holds that the state is of divine creation and the
ruler ordained by God to govern the people. Reference has been made by
advocates of this theory to the laws which Moses received at Mount Sinai;
4. Social contract theory. – It asserts that the early states must have been
formed by deliberate and voluntary compact among the people to form a
society and organized government for their common good. Example for
this is Korea which in their early part of history was considered 3
kingdoms that later on decided to unite as one state.
Nobody know which of these is the exact theory that actually formed the states
however, each of the theories presented an element that is present to some
current states that we have now.
State distinguished from Nation and Government
It’s almost the same with the term, Government, in common speech, people
tend to think they are identical because the “acts” of the government (legal) are
also the acts of the state. Example: imposing taxes, implementing law..etc.
The government is the agency through which the state expresses its will. A
state cannot exist without a government but a government may exist without a
state. Example of which are the governments we had during Spanish times. To
further explain, the Philippines does not exist as a state during Spanish rule.
Thus, the government may change, its form may change, but the state, as long
as it has its 4 elements, stays the same.
Purpose of Government
Do we need a government? Yes. Even the most primitive societies have some
form of it as shown in history.
Government exists and should continue to exist for the benefit of the people
governed. What are the benefits?
For the protection of the society and its members
For the security of persons and property
For the administration of justice
For the preservation of the state from external dangers
For the advancement of the physical, economic, social and cultural
well-being of the people
What happens when there is no government?
There would be anarchy and disorder
There’ll be a general feeling of fear and insecurity in society
Progress and development will not be possible
Some values will be taken for granted such as truth, freedom, justice,
equality, rule of law and human dignity.
Forms of Government
On the basis of the above classifications of the government, it can be said that
the Philippine govt is a representative democracy, a unitary and presidential
government with separation of powers. It also embodies some aspects of pure
democracy such as, for instance, the constitutional provision on people’s initiative
and referendum.
The term constitution refers to "that body of rules and principles in accordance
with which the powers of sovereignty are regularly exercised.
With particular reference to the constitution of the Philippines, it may be defined
as that written instrument by which the fundamental powers of the government
are established, limited, and defined and by which these powers are distributed
among the several departments or branches for their safe and useful exercise
for the benefit of the people.
Again...why do we have a constitution?
First, it serves as the supreme or fundamental law because it is the charter that
creates a government. We say supreme or fundamental because it speaks for the
entire people from whom it derives its claim to obedience.
It is binding on all individual citizens and all organs of the
government.
It is the law to which all other laws must conform and in
accordance with which all private rights must be determined and all
public authority administered
It is the test of legality of all governmental actions, whether
proceeding from the highest official or lowest functionary.
The constitution function is not to legislate in detail but to set limits in the
otherwise unlimited power of the legislature.
On the other hand, Constitutional law is that branch of public law which treats of
constitutions, their nature, formation, amendment and interpretation. It refers to
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). Thus, the Philippine Constitution itself is
brief but the law of the Constitution lies scattered on thousands Supreme court
decisions.
Kinds of Constitution
1. As t origin/history
a) Conventional or enacted- enacted by a constituent assembly or
granted by a monarch to his subjects. (written)
b) Cumulative or evolved- a product of growth or long period of
development originating in customs, traditions, judicial decisions,
etc rather than from a deliberate and formal enactment.
(unwritten)
2. As to their form
a) Written- with a definite written form at a particular time, usually by
a specially constituted authority called a “constitutional
convention”; and
b) Unwritten – One which is entirely the product of political evolution,
consisting largely of a mass of customs, usage and judicial
decisions together with a smaller body of statutory enactments of a
fundamental character, usually bearing different dates. The English
Constitution is unwritten only in the sense that it is not codified in a
single document. Part of it is written – the Acts of Parliament and
judicial decisions. Indeed, there is no Constitution that is entirely
written or unwritten.
3. As to manner of amending them:
a) Rigid or inelastic – One regarded as a document of special
machinery more cumbrous than the ordinary legislative process;
and
b) Flexible or elastic – One which possesses no higher legal authority
than ordinary laws.
What is your personal opinion on the kind of Constitution that we currently have?
With every administration wanting to stretch out their term of office, everyone
tries to have a charter change claiming that the constitution we have now is not
enough.
1. As to form
a) Brief
b) Broad
c) Definite
2. As to contents
a) That dealing with the framework of government and its powers,
and defining the electorate. This group of provision has been called
the constitution of the government;
b) That setting forth the fundamental rights of the people and
imposing certain limitations of the powers of the government as a
means of securing the enjoyment of these rights. This group has
been referred to as the constitution of liberty; and
c) That pointing out the mode or procedure for amending or revising
the constitution. These group has been called the constitution of
sovereignty.
Activity: find the movie Heneral Luna. Comment on how the power of the
constitution was observed in the movie.