4STATE-SCI.pptx

STATE  STATE Is a political entity with a defined territory, organized government, by which permanent population renders habitual obedience. Elements of the state: 1.People 2.Territory 3.Government 4.Sovereignty Theories on the Origin of...

STATE  STATE Is a political entity with a defined territory, organized government, by which permanent population renders habitual obedience. Elements of the state: 1.People 2.Territory 3.Government 4.Sovereignty Theories on the Origin of State: 5.Divine Right Theory –maintained that God created the state. All are bound to obey the laws promulgated by the rulers. 6.Social Contact Theory- maintained that state is created through voluntary agreement entered by the people. The source of the authority of the government is the “consent of the people.” This means that the government is not the ruler, but the servant or agent of the citizens; it means that the government as such has no rights delegated to it by the citizens for a specific purpose. 7.Force Theory-This theory claimed that state is created out of the imposition of will by the strong to the weak. The strong asserted their power through force and compelled the people to obey their laws. 8.Economic Theory- asserts that state is formed out of economic dependence of man to his fellow being. Man needs his fellow being to satisfy his needs through exchange of goods and services, which led to the formation of society and state. 9.Patriarchal Theory- state is a product of evolution from the smallest unit of society – the family. gradually., the family grows into clan and later on, the clan was developed into tribe, the tribe into nation and nation into state  ESSENTIAL POWERS OF STATE  Every sovereign state has inherited rights called as inherent powers.  These powers are implied from the very start of existence of state, there is no need to express provisions of the constitution before it can be exercised.  These powers enables the government to interfere or limit the rights of the inhabitants subject to certain conditions prescribed by law.  Essential Powers are limited by bill of rights  The powers are: Police power, Power of eminent domain and Power of taxation.  POLICE POWER  It is the power of the state to restrain liberty and regulate property and enact law that will protect the people and promote their welfare.  It is the most pervasive and least limitable powers of the state.  The power emanates from Latin maxim “salus populi suprema lex esto” which means, “the welfare of the people is the highest law.  Generally exercise by the congress, president of the republic administrative bodies, and local government units.  Requisites before such power may be exercised include; (1) Lawful subject which means the interest of the public in general, as distinguished from those of a particular class, require the exercise of the power; and (2) lawful means which is a manner which when it is exercised are not unduly oppressive on individuals.  POWER OF EMINENT DOMAIN  It is the power of the state to take private property for public use after giving appropriate monetary compensation to the owner. Usually, the property that is take is land. This power is also called power of expropriation.  Requisites before such power may be exercised include; (1)necessity- the property will be used to address the needs of the people, and such needs must be necessary and immediate; (2)private property which include real and personal, tangible or intangible properties; (3)taking in the constitutional sense which means the physical dispossession of the owner to his properties, and thus deprived of all beneficial use and enjoyment of his property. It may include trespass without actual eviction of the owner ,material impairment with the value of the property or prevention the ordinary uses for which the property was intended; (4)public use which means the utilization of the property taken will contribute to the welfare of most number people; (5) just compensation which means giving the exact or the equivalent amount or value of the property to the owner. The full and fair equivalent of the property taken it is the fair market value of the property, to which must be added the consequential damages, if any, minus the consequential benefits, if any, but in no case shall the consequential benefits exceed the consequential damages. (6) due process of law which includes the right to inform as to when the property will be taken including the right to appeal in case the property is improperly assessed in its value.  POWER OF TAXATION  It is the power of the state to impose burdens and charges upon persons, property and property rights to enable the government to operate and perform its appropriate functions.  Congress and local government units generally exercise power of taxation. It can be delegated to the President and other administrative bodies.  Requisites before such power may be exercised include; (1)Due process of law which means notice and hearing must be observed before the imposition of burden takes place; (2)Equal protection of the laws which means tax rates must be uniform and fair; (3)Public purposes which means the proceeds are devoted to various programs and projects of the government and will benefit as many constituents as possible.  GOVERNMENT DEFINED  we are referring to the people or organizations that make ,enforce, and implement political decisions for a society(Ethridge and Handelman,2013p.8)  “Government” includes the national government, the local governments, the government-owned and government- controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.  FUNCTIONS OF GOVERNMENT  Although the primary duty of the government is clearly stated in Article ll Section 4, which reads “The prime duty of the government is to serve and protect the people.” Specific functions of the government: 1.Provide services for the well being of the nation as a whole such as infrastructure, health, education, housing, and disaster relief. 2.Promulgate laws and regulations that will protect the right to life, liberty, and property of its inhabitants. 3.Protect, conserve, and regulate the utilization of the natural resources of the country. 4.Regulate business. It also includes monitoring monetary policy, giving protection to consumers and regulating banking practices. 5.Foreign relations functions such as entering intro treaties and international agreements with other states and protect its inhabitants and territories jurisdiction.  DIVISIONS OF GOVERNMENT  National Government – refers to the entire machinery of the central government as distinguished from the different forms of local governments.  Local Government – refers to the political subdivisions established by or accordance with the constitution. Forms of Government: 1.Autocracy – The power and authority to rule are in the hands of a single individual or one person who is usually a king, queen, tsar ,dictator, etc exercise sovereignty. Autocracy has two types: absolute monarchy and totalitarian dictatorship. a.Absolute Monarchy- is usually headed by a king, queen, emperor who exercises the supreme power of the government. Their power is absolute and the manner of acquiring the office is through inheritance. Countries like China during the dynastic period, France until French Revolution and Russia until the Communist Revolution have this type of government before. b.Totalitarian Dictatorship –is characterized by having a leader who exercise authoritarian power over every aspect of human affairs. Power is usually inherited , but it acquired by force and often reinforced by propagandas. Countries like Germany under Adolf Hitler have adopted this type of Government during those period. 2. Oligarchy- A small group holds the power to govern. The power is derived from wealth, military power, social position, education, or some combination of these. It is regarded as government ruled by a privileged few. Oligarchy has three classifications: aristocracy, military junta and communist totalitarianism. a.Aristocracy- a type of oligarchy where power is derived from virtue, age and experience, wisdom and education, or religious leadership. Ancient Spain under the rule of Dorians and Ancient Rome under the rule of Patricians has this type of government under those periods. b.Military Junta- a type of oligarchy where power is consolidated under military force. Haiti after the coup of Aristide, Chile under Pinochet, Greece under Papadopoulos has this type of government during those period. c.Communist totalitarianism- a type of oligarchy where small group of government leaders claim to derive power from the people. This small group adopts the Communism as their form of economics. All opposition suppressed. Total control over all aspects of human affairs exercised and reinforced by propaganda. Countries like Former Soviet Union , China, Cuba and Laos have experienced this type of government. 3. Democracy- A government in which the people hold the power to rule, either directly or through elected officials, i.e., “ruled by the ruled”. Sovereign power is vested to the people. A. Direct Democracy- Also called as pure or absolute democracy. All citizens have the chance to participate in running and managing the affairs of the state. It does not exist in it’s pure form as any nations government today. But is revealed through the exercise of initiative, plebiscite, referendum and recall. B. Indirect or Republican Democracy- The people elect their chosen representatives and give them the power to govern. Agents of the people are responsible for carrying the will of the people. Ex: Japan, Jamaica, Philippines, Taiwan and New Zealand. C. Presidential Democracy- President is elected directly by the people. The president is the head of the state and head of government. The people elect members of the legislative branch of the government.. Laws are enacted by legislature and enforced by the president. Ex: United States of America. D. Parliamentary Democracy- The members of the Parliament elect Prime Minister. The people through popular suffrage elect members of the Parliament. The elected representatives enact laws. Countries like France, India and Canada has this type of Government. E. Constitutional Monarchy- Monarch shares governmental power with elected legislatures or serves as ceremonial leader of the government. Countries like Great Britain, Jordan, Thailand, Tonga and Norway have this type of government. De Jure and De Facto Government *De Jure or legitimate government is established according to the constitution. All other laws and modes of their implementation are strictly adhered to what the constitution says. *De Facto or illegitimate government is a government that does not recognize any fundamental law or constitution. Its basic source of power is force, which is against the will of the rightful and legal government. De Facto is usually established by overthrowing a civil government by means of arms; It is usually very temporary although there are other ways a De Facto government may be established. Nature and Characteristics of Philippine Government 1.It is democratic in nature. Sovereign power resides on the people and rule of the majority is being observed. 2.It adopts a Republican form. Republican because people elect their representative in the government. In this system, representatives convey the decisions of the people in the government. 3.It is a presidential form. No monarchs as successor and no prime ministers to be elected by the Parliament rather, a president usually elected in a popular KEY PRINCIPLES IN PHILIPPINE GOVERNMENT 1. Principles of separation of powers- This principle ordains that each of the three great branches of government has exclusive cognizance and is supreme in matters falling within its own constitutionally allocated sphere. The principle of government under which the power to make, to administer and to judge the laws is split among three branches of the government- legislative, executive, and judicial. 2. Principles of Checks and balances- the principle of government which holds that the powers of the various branches should overlap to avoid power becoming overly concentrated on one branch. 3. Blending of powers- as contrary to separation of powers, this means two or more branches of the government work together in the exercise of a certain power, function, or responsibility. For example, Congress writes the proposed law and submit it to the president for approval. Sovereignty Defined  Means that a political unit has ultimate responsibilities for the conduct of its own affairs. Jean Bodin a French defines sovereignty as untrammeled and undivided power to make laws. Blackstone(1832)argued that there is and must be in every state a supreme, irresistible, absolute, and uncontrolled authority, in which the right of sovereignty resides. Newton and Van Deth(2010) defines sovereignty as the supreme power that gives the state freedom of action within its territory.  KIND OF SOVEREIGNTY 1. Legal Sovereignty-is the absolute power of the state as expressed in its fundamental law, which is the constitution and from other statutes. 2. Political Sovereignty-is also called as electoral sovereignty. It s the supreme authority of the state vested to the people through election, giving the sovereignty on the people who has the power to decide on important matters in the government. 3. Internal Sovereignty- refers to the law making power within a territory. 4. External Sovereignty- refers to the international recognition of the sovereign’s territorial jurisdiction. Characteristics of Sovereignty 5. Permanence-sovereignty is constant, rulers maybe outsed and government may change but as long as state exists, sovereignty is always present as one of its elements. 6. Absolute-absolute in the sense that it is not subject to control and restrictions by any other power. 7. Comprehensive-the sovereign power is comprehensive for its authority applies to all citizens, foreigners, association or organizations within its territory and jurisdiction. 8. Indivisible-The supreme power of state is the monopoly of the state, although it can be delegated to its various organs, subdivisions and instrumentalities.  SOVEREIGNTY AND INDEPENDENCE  Sovereignty being a supreme authority necessarily denotes independence. A state, which is sovereign, is independent of any other authority as far as its concerns its legal powers within its territory, and is equally independent as regards to its legal authority to act outside its borders. A ruler’s authority to act both internally and externally is not dependent on any other authority. Constitution Defined  Aristotle, a famous Greek philosopher defines constitution as an organization of offices in a state, by which the method of their distribution is fixed, the sovereign authority is determined, and the nature of the end to be pursued by the association and all its members is prescribed.  Legaspi vs Ministry of Education- as a fundamental law, which sets up a form of government which defines and delimits the power thereof and those of its officers, reserving the people themselves in plenary sovereignty Purpose of the Constitution 1.It prescribes the permanent framework of the government’s system. 2.It distributes to several departments and agencies of government their respective powers, functions and duties. 3.It sets down certain principles on which the government is founded.  WRITTEN AND UNWRITTEN CONSTITUTION  Written Constitution- Mark Harper defines written constitution as a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form.  Unwritten Constitution- is not codified in a single written document. It has evolved from the customs and traditions of the people. One example of unwritten constitution is the United Kingdom’s constitution which is not written in a single document, but derives from a number of sources that are partly written and partly unwritten, including accumulated conventions, works of authority, Acts of Parliament, the common law, and European Union law. Qualities of a Good Written Constitution 1.Broad or comprehensive- It should contain the structure of the government including the powers and functions which are clearly defined. 2.Brief or concise- It should not be too detailed to avoid vagueness. 3.Definite or clear- It must be free from loopholes and ambiguity to avoid various interpretations. ESSENTIAL PARTS OF GOOD WRITTEN CONSTITUTION 1. Constitution of Liberty- It lays down the fundamental civil and political rights of the citizens and imposing limitations on the power of government as a means of securing the enjoyment of those rights.(Article lll) 2. Constitution of Government- It contains provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate.(Article Vl, Vll,Vlll, lX) 3. Constitution of Sovereignty- It contains provisions on how the constitution maybe amended or revised.(Article XVll) -END-