History of States and Westphalian System

History of States

• The longest form of human organization was anarchy, where there was no governing authority.
• After the agricultural revolution, small states emerged, governing only a portion of the land, while most of the world remained ungoverned.
• The era of expansion saw governed areas expanding to encompass ungoverned areas.
• Today, we live in the era of governance, with nation-states as the primary form of organization.

Westphalian System

• The Westphalian System is a principle in international law that governs the relationship between states.
• It is based on the idea that each state is sovereign and equal, and that they should not interfere in the internal affairs of other states.

State's Inherent Powers

• Territory: A defined geographical area that the state controls.
• Government: An institution that exercises power and authority over the state.
  • Taxation: The power of government to raise revenue for its operation.
  • Police Power: The power of government to protect the safety, health, and welfare of its citizens.
  • Eminent Domain: The power of government to take private property for public use, with just compensation to the owner.
• Population: The people residing in a state.
• Sovereignty: The supreme and ultimate authority of a state over its own territory.
  • Internal Sovereignty: The state's authority within its own borders.
  • External Sovereignty: The state's freedom to conduct its own foreign affairs and relations with other states.

Philippine Territory

• The Philippines has full sovereignty over its terrestrial, fluvial, and aerial territories, extending 12 nautical miles from its coastlines according to the 1987 Constitution.
• Contiguous Sovereignty: The Philippines has control over 24 nautical miles from its coastlines to prevent infringements on its immigration, fiscal, and sanitary laws.
• Exclusive Economic Zone (EEZ): The Philippines has exclusive rights to exploit natural resources within 200 nautical miles from its coastlines. Other states can navigate through this zone but cannot exploit resources without permission.

Philippine Government

• Legislative Branch: Responsible for making laws.
  • Congress: Composed of the Senate and House of Representatives
    • Senate: 24 Senators, 6-year term
    • House of Representatives: 316 members (253 district representatives, 63 party-list representatives), 3-year term
• Executive Branch: Responsible for implementing and enforcing laws.
  • President: Head of state and government, 6-year term (currently 17 presidents since independence).
  • Vice President: 6-year term
  • Cabinet: Advisors to the President
• Judicial Branch: Responsible for interpreting laws and settling controversies.
  • Supreme Court: Highest court in the Philippines
  • Lower Courts: Courts below the Supreme Court

Presidential Powers

• Chief Executive: Head of the executive branch
• Commander-in-Chief of the Armed Forces of the Philippines (AFP): Controls the military
• Architect of Foreign Policy: Determines the Philippines' foreign relations
• Powers
  • Veto: Can reject bills passed by Congress
  • Pardon: Can forgive crimes
  • Appoint: Can appoint officials to various positions
  • Deportation: Can expel foreigners
  • Alien Issuance: Can grant visas to foreigners
  • Supervision of Local Government Units (LGUs): Oversees the operation of local governments

Presidential Succession

• The order of Presidential succession in the Philippines is:
  • President
  • Vice President
  • Senate President
  • House Speaker

Filipino Citizenship

• Natural Birth: Born to at least one Filipino parent.
• Citizen During 1987 Constitution: Filipino citizen at the start of the 1987 Constitution.
• Naturalization: Foreigners can become Filipino citizens through a legal process.
• Jus Sanguinis: Based on bloodline (one parent is Filipino).
• Jus Soli: Based on place of birth in the Philippines.

Philippine Sovereignty

• The sovereign authority of the Philippines resides in the people.
• The AFP is responsible for defending the people and the state.
• The Philippines has an independent foreign policy that prioritizes the protection of national sovereignty.

Philippine Government Structure

• The Philippines is a Democratic Republic state, meaning the people elect representatives to make and enforce laws.
  • Democracy (Demos + Kratos = People Power):
    • Origins in ancient Greece.
    • Universal citizen participation and direct democracy (in some cases).
  • Republic Structure (Res Publica = Public Affair):
    • Representative democracy where citizens elect representatives.
    • Laws and institutional governance.
    • Separation of powers between the legislative, executive, and judicial branches.

Visions of the Republic of the Philippines

• Just and Humane Society: Aims to create a society that is fair and treats all citizens with respect and dignity.
• Preservation of Territory: Protects its inherited land and territory for present and future generations.
• Democracy and Independence: Ensures the sovereignty and freedom of the people.
• Ideals and Aspirations: Embodies the values and aspirations of its people.
• Rule of Law: Ensures that all citizens are subject to the same laws and that the government is accountable to the people.
• Regime of Truth, Justice, Equality, and Peace: Strives for a society where truth prevails, justice is served, everyone is treated equally, and peace prevails.

Human

• Inherent: Exist naturally and are not granted by any external authority.
• Universal: Apply to all human beings, regardless of race, religion, gender, or any other characteristic.
• Inalienable: Cannot be taken away, although they may be limited in certain circumstances.
• Interdependent: Connected and influence one another.

Universal Declaration of Human Rights (UDHR)

• A landmark document that outlines the fundamental rights and freedoms of all human beings.
• Adopted by the United Nations on December 10, 1948.
• Contains 30 articles that cover a broad range of rights, including:
  • Civil Rights: Rights related to personal liberty and security, such as freedom of speech and association, and the right to a fair trial.
  • Political Rights: Rights related to participation in government, such as the right to vote and stand for election.
  • Economic and Social Rights: Rights related to economic well-being and social justice, such as the right to work, education, and healthcare.
  • Cultural Rights: Rights related to cultural identity and expression, such as the right to language and religion.
  • Duty to State and Other People: Emphasizes the responsibilities individuals have to their community and the world.

Right Protection

• Derogable Rights: Can be temporarily restricted by states in times of emergency to protect national security.
  • Freedom of movement
  • Peaceful assembly
  • Privacy
• Non-Derogable Rights: Cannot be restricted under any circumstances.
  • Right to life
  • Freedom from torture and cruel or degrading treatment
  • Freedom from slavery

1987 Philippine Constitution, Article III: Bill of Rights

• Legally binding document that protects human rights in the Philippines.
• Includes 22 sections that cover:
  • Civil and political rights,
  • Right to life, liberty, and property,
  • Protection from torture and cruel, degrading treatment,
  • Right to privacy,
  • Right to equal protection under the law,
  • Freedom of speech and expression,
  • Freedom of assembly and association,
  • Right to due process, and
  • Right to vote.

Protecting Human Rights in the Philippines

• Domestic Courts and Laws: The Philippine legal system provides remedies for human rights violations.
• Domestic Agencies:
  • Commission on Human Rights (CHR): An independent body that investigates and addresses human rights issues.
• International Human Rights Mechanisms:
  • If domestic remedies fail, individuals can seek recourse from international bodies like the United Nations Human Rights Committee. However, this process is lengthy and resource-intensive and ultimately depends on the cooperation of the state.
  • The International Criminal Court (ICC) investigates and prosecutes the most serious international crimes, such as genocide, crimes against humanity, war crimes, and crimes of aggression.

Non-Judicial Methods for Protecting Human Rights

• Media: Plays a vital role in exposing human rights abuses and raising awareness about them.
• Public Protests and Demonstrations: Allow individuals to express their concerns and advocate for change.
• Non-Governmental Organizations (NGOs): Advocate for human rights and provide support to victims of abuse.

Explore the evolution of human governance from anarchy to the establishment of nation-states. This quiz delves into the principles of the Westphalian System and the inherent powers of states, including territory and government functions. Test your knowledge of these foundational concepts in political science.