Politics, Governance and Citizenship PDF
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This document is a lesson on understanding politics and political science. It covers learning objectives, keywords, and concepts such as power, coercion, sanction. It's an introduction to the subject, not an exam paper per se, hence no exam board or year.
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# Politics, Governance and Citizenship 3 ## Lesson 1: Understanding Politics and Political Science ### Learning Objectives: When you finish this lesson, you will be able to do the following: 1. Define Political Science and Politics as well as its key concepts. 2. Internalize the importance in th...
# Politics, Governance and Citizenship 3 ## Lesson 1: Understanding Politics and Political Science ### Learning Objectives: When you finish this lesson, you will be able to do the following: 1. Define Political Science and Politics as well as its key concepts. 2. Internalize the importance in the study of Political Science. 3. Discuss the approaches and fields in the study of Political Science. ### Keywords and Phrases - politics - power - coercion - sanction - theory - polis - scire - jurisprudence - legitimacy - authority ### Introduction Politics (from Greek *politikos* "of, for, or relating to citizens") as a term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the corporate, academic, and religious segments of society. It consists of "social relations involving authority or power" and to the methods and tactics used to formulate and apply policy. Modern political discourse focuses on democracy and the relationship between people and politics. It is thought of as the way we "choose government officials and make decisions about public policy". ### Basic Concepts #### Politics Defined Aristotle's philosophy immensely influenced classical and contemporary definition of politics. He once said "men by nature are political animals". In *The Politics*, Aristotle puts upon men the task of acquiring and exercising power and influence with the purest of motives and with respect for responsibility since men inevitably and naturally possess them. #### Politics as a struggle for power Bernard Crick, in his *In Defense of Politics*, defines politics as a struggle for power among groups whose aim is to control the state. He explained that politics is simply the activity by which differing interests within a given unit of rule are conciliated by giving them a share in power in proportion to their importance to the welfare and survival of the community. #### Politics as conflict resolution In *Comparative Politics: A Global Introduction*, Michael Sodaro describes politics as the process by which communities pursue collective goals and deal with their conflicts authoritatively by means of government. #### Politics as compromise Former Senator Ernesto Maceda identifies politics as the study of compromise. It is the art of deciding who gets what, when and how as characterized by Harold Lasswell. #### Politics as a pursuit for the greater good Aristotle termed the art of good government as politics. This disposition is echoed by Former Senate President Jovito Salonga when he said that politics is saying No to what is bad for society. ### Key Concepts in Politics #### Power - refers to the ability or the right to do something; the ability to exercise authority over others. The term implies a hierarchy of control of stronger over weaker. - The word "power” comes from the Latin verb *potere* meaning "to be able". In its broader sense, power is being able, physically, intellectually, or a combination of both, to achieve what one wants. - Power may be implicit or manifest. In *implicit power*, A wants B to do something, and B does it simply because he or she realizes that A wants it done, and for whatever reason wants to accommodate those wishes. When power is *manifest*, on the other hand, it is directly observable; A acts in an evident way to make B do what A wants. We can define power then, as the ability to cause others to do what one desires, using means ranging from influence to coercion. #### Bases of Social Power - **Reward Power** - based on the leader's capacity to mediate rewards for the follower - **Legitimate Power** - based on the follower's perception that the leader has the legitimate right or authority to exercise influence over him or her; and - **Coercive Power** - based on the follower's fear that non-compliance with the leader's wishes will lead to punishment. #### Sources of Power If power is not intrinsic to the power-holder, it follows that it must have outside sources said Gene Sharp of the center for International Affairs, Harvard University, USA. In his internationally acclaimed book: *The Politics of Non-Violent Action* power and Struggle, Sharp maintains that power appears to emerge from the interaction of all or several of the following sources: - **Authority** - the extent and intensity of the ruler's authority among the subject is crucial factor affecting the ruler's power.”The right to command and direct, to be heard or obeyed by others,” voluntarily accepted by the people and therefore existing without the imposition of sanctions is authority. - **Human resources** - a ruler's power is affected by the number of persons who obey him, cooperate with him, or provide him with special assistance, as well as by the proposition of such persons in the general population, and the extent and forms of their organizations. - **Skills and knowledge** - the ruler's power is also affected by the skill, knowledge and abilities of such person, and the relation of their skills, knowledge and abilities to his needs. - **Intangible factors** - psychological and ideological factors, such as habits and attitudes toward obedience and submission, and the presence or absence of a common faith, ideology, or sense of mission, all affect the power of the ruler in relation to the people. - **Material resources** - the degree to which the ruler controls property, natural resources, financial resources, the economic system, means of communication and transportation helps to determine the limits of his power. - **Sanctions** - the final source of a ruler's power is the type and extent of sanctions at his disposal, both for use against his own subjects and in conflicts with other rulers. John Austin said sanctions are an enforcement of obedience used by rulers against their subject to supplement voluntary acceptance of their authority and to increase the degree of obedience to their commands. #### Authority a government power to make binding decisions and issue obligatory commands. Such power must be perceived by citizens as rightful or acceptable and therefore to be obeyed. ## POLITICAL SCIENCE Political Science is defined as the study of the state and government. The word "political” comes from the Greek word *polis* which means a "city-state", the only form of government known to the ancient Greeks. The word *ciencia*, meanwhile, means knowledge of study. Political Science began as early as the 14th century B.C. when Aristotle (384-322 BC) wrote *Politics*, the first systematic work on political affairs. The book written about 335-332 B.C., won for him the title of "Father of Political Science." As a branch of modern learning, political science has undergone three chronological and overlapping stages of development. These stages in the study of political science are as follows: - **Religious Stage** – the government with its leaders and laws was considered as divine or divinely-spirited. This stage began during the prehistoric era and continued as long as the divine right of kings was supported (18th century) - **Metaphysical Stage** – during this stage, the state was considered as a human institution, but it was almost worshipped as a perfect institution. This stage began with the ancient Greeks. Aristotle and Plato thought that the state was the means to develop the highest potential of the individual. Indeed, Aristotle claimed that “man is by nature a political animal," and the state was established for the greatest good of the greatest number of citizens. - **Modern stage** – finally in this stage, the state was still considered as a human institution but it was deemed capable of being improved by rulers and subjects according to certain principles and laws. This stage was ushered in by Niccolo Machiavelli (1469-1527), a Renaissance writer of *The Prince*, a handbook for rulers in the art of government. Thus, Machiavelli is often credited as the "Father of Modern Politics." Political Science first attained recognition as a separate field of study in 1856. The significant innovation was done upon the request of Prof. Francis Lieber, a German-born American scholar who wrote the *Manual of Political Ethics* (1838), the first systematic treatise in political science published in the United States. Thus, it was the Americans who first made the study of politics as a separate course of study. ### Goals in the Study of Political Science: 1. Education for citizenship 2. An essential part of liberal education 3. Knowledge and understanding of the government ### Importance in Studying Political Science: Second, the study of political science enables us to know more about our rights and duties as citizens, the structure and functions of the different branches of government, and our relations with other states. Third, the study of political science broadens man's cultural background by knowing the function of the state, law, diplomacy, public finance, etc. Finally, political science provides the needed background for those who intend to enter the profession of law, foreign service, public administration, business, education, and journalism. The activities of these professions are intimately linked with the affairs of government. ### Approaches in the Study of Political Science Robert J. Jackson, in *A Comparative Introduction to Political Science*, enumerates the following approaches to studying politics: - **Traditional/Historical Approach**. Studying politics concentrates on an essentially legal/formal description of government. It contemplates the use of history, chronology, and development of government structures and institutions as the basis of study. - **Scientific/Behavioral Approach**. Muses on how individuals behave within political institutions and how behavior influences policy-making. This approach concerns mainly the scientific method through the use of methodology, variables, and hypotheses in theorizing political phenomena. - **General Theory Approach**. Contemplates the identification of all critical structures and processes of society, explaining their interrelationships with politics, and predicting a wide array of governmental outcomes. It regards the study of politics as a commitment to explore and attempt to understand a given segment of empirical reality. - **Systems Approach**. Espouses David Easton's comprehensive systems model is depicted by the interaction between the societal environment and an abstract political system which processes and converts demands and supports into outputs, producing overall stability. The approach entails the search for cyclical processes that govern political structures. - **Structural-Functional Approach**. The essence of this approach is that it specifies the activities of a viable political system and explains how these functions must be performed to maintain the stability of the political system. - **Political Economy Approach**. It focuses with the relationship between government and economics. It highlights the role of government concerning regulation support or ## Branches of Social Science that are interrelated to Political Science - **History** - study of past events - **Economics** - study of the production, consumption, conservation and distribution of state's wealth. - **Philosophy** - study of the underlying principles applied in the government individual's behavior - **Psychology** - individual's behavior - **Sociology** - group behavior - **Geopolitics** - focuses on the physical factors of a state such as population and sources of raw materials. - **Statistics and Logic** – used in the treatment of data to yield a logical finding. - **Jurisprudence** - analysis of existing law. ## Fields/Scope of Political Science - **Political Theory/Political Philosophy** - are terms which are often used interchangeably. Scholars in this field are concerned with questions about value judgments and the history ang development of the ideas of great political thinkers. - **Political Philosophy** is sometimes called value or normative theory because it is concerned primarily with values, norms, and morality. It attempts to examine the connections among facts, values, and judgments. - **Theory** is an important part of all political science fields because it is used in the explanation and prediction of political phenomena. - **Political Dynamics** – the forces at work in the government such as political parties, public issues and opinions and pressure groups like POs, NGOs or the civil society. - **Public Administration** is concerned more with how policies are formulated and implemented within the large bureaucratic structure of government. - **Public Law/Policy** – analyzes and evaluates policies in areas such as defense, health, education and resource development. - **International Relations** focus on the foreign policies of countries, international organizations, and international law in order to learn more about the interactions among states. - **Comparative Government and Politics** – is a very wide field with many subdivisions. To a large extent it is the study of the macro-politics of states. It is primarily concerned with comparing the politics and government of different # Politics, Governance and Citizenship 9 ## Lesson 2: Fundamentals of State ### Learning Objectives: When you finish this lesson, you will be able to do the following: 1. Understand the concept of nation and state. 2. Identify and discuss the essential elements of state 3. Distinguish state from nation and government. 4. Discuss the theoretical basis/origin of states 5. Understand the importance of one's citizenship and its effect to the exercise of one's right. 6. Differentiate natural-born and naturalized filipino citizen 7. Identify the different forms of government 8. Determine the origin and growth of each government 9. Describe the general features of each government 10. Determine the advantages and disadvantages of each government 11. Realize the importance of having an appropriate form of government ### Keywords and Phrases - nation - terrestrial - aerial - evolution theory - fluvial domain - instinctive - social contract theory - totalitarianism - naturalization - dual allegiance - sovereignty - necessity/force theoty - oligarchy - parliamentary - repatriation - dual citizenship - nationality - citizenship - citizenship by election ### Introduction Some contemporary Scholars like Quentin Skinner define the state today as "a locus of power distinct from either the ruler or the body of the body of the people." (Skinner, *Foundations of Modern Political Thought*, II, p.355). Yet, others would argue that the potency of the word "state" derives from the fact that it means both ruler and people. In other words, the state is at the same time loved for its promise of order and stability for the whole community and feared for its threat of coercion by the power which does the ordering. Both schools of thought may be right for there is no universal definition of the every stable commonwealth. The general concept which was necessary before the name could be attached to a particular form of government in Aristotle's framework. Second, Martin Luther continued to evolve the concept of the state in terms of how he saw a division of labor between Church (or spiritual power) and those things temporal-the state—and how the ruler, without direct intervention from the Church, should govern it with respect to his nobles and, above, all the common good of the people of his realm. Aquinas establishes early on that the state is a natural institution (very different from Augustine whose ideas prevailed up to this point in history) because "la naturaleza del hombre [es] ser un animal sociable y politico que vivien sociedad." (Aquinas, *La Monarquia*, I, p. 7) And he goes on to affirm that man must live in societies to achieve fulfillment "porque un sol hombre por si mismo no puede bastarse en existencia." (Aquinas, *La Monarquia*, I, p. 7). ### State - a community 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 (Collector of Internal Revenue v. Campos Rueda) ### State distinguished from a Nation - A nation is a group of people bound together by certain characteristics such as common social origin, language, customs and traditions, and who believe that they are one and distinct from others. (De Leon, *Textbook on the Philippine Constitution.* In common usage, the terms are often used interchangeably. However, a state is a political concept while a nation is an ethnic concept. A state may consist of one or more nations. For example, the United States of America is a melting pot of several nationalities and conversely, a single nation may be made up of several states such as the Arab Nation which is divided into several states such as Saudi Arabia, Jordan, Syria, Lebanon etc. (De Leon, *Textbook on the Philippine Constitution*) ### State distinguished from Government - A government is only the instrument through which the will of the state is expressed. It can exist without the state while the state cannot exist without a government. A government may change, its form may change, but the state, as long as its essential elements are present, remains the same. ### Inherent Powers of the State #### Police Power - It is defined as the power of promoting the public welfare by restraining and regulating the use of liberty and property (Freund). It is the Inherent and plenary power of the state that enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society (Ermita-Malate Hotel and Motel Operators Association, Inc v Mayor of Manila) #### Power of Taxation - It is the power to raise revenue | | Police Power | Eminent Domain | Taxation | |---|---|---|---| | Compensation | None (the altruistic feeling that one has contributed to the public good- Nachura)| Just compensation (full and fair equivalent of the property taken) required.| None (the protection given and public improvements instituted by the State because of these taxes Nachura)| | Use of Property | Not appropriated for public use | Appropriated for public use | Use taxing power as an implement for the attainment of a legitimate police objective-to regulate a business or trade| | Objective | To destroy noxious property or to restrain the noxious use of property | Property taken for public use; it is not necessarily noxious | Earn revenue for the government | | What it Regulates | Liberty and Property | Property rights only | Property rights only | | Who may Exercise | State | State and Private Entities only | State | ### Comparison of the inherent powers of the State ### Elements of state There are 4 essential elements of a state namely (1) people (2) territory (3) government and (4) sovereignty. #### People - refer to the inhabitants of the State. It must be composed of both sexes to allow continuity through reproduction. It must be adequate in number for self-sufficiency and defense. #### Territory - It is the portion of the earth's surface permanently inhabited by the people. It is composed of terrestrial, fluvial, maritime, and aerial domains. **NATIONAL TERRITORY OF THE PHILIPPINES defined: (Art. 1)** 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 #### Land Territory (Terrestrial Domain) - The territorial domain refers to the land mass, which may be integrate or dismembered, or partly bound by water or consist of one whole island. It may also be composed of several islands, like the Philippines, which are also known as mid-ocean archipelagos as distinguished from the coastal archipelagos like Greece. #### Maritime Territory (Fluvial and Maritime Domain) - The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention and the Law of the Sea Treaty (or LOST by its critics), is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention concluded in 1982 and replaced four 1958 treaties, namely - Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 - Convention on the Continental Shelf, entry into force: 10 June 1964 - Convention on the High Seas, entry into force: 30 September 1962 - Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966. UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign the treaty. To date, 155 countries and the European Community have joined in the Convention. The United States has signed the treaty, but the Senate has not ratified it. However, it is now regarded as a codification of the Customary international law on the issue. While the Secretary General of the United Nations receives instruments of ratification and accession, and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is, however, a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority (the latter being established by the UN Convention). The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than a majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on November 16, 1994, one year after the sixtieth state, Guyana, signed the treaty. The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes. coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows: #### Internal waters - It covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. #### Territorial waters - out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of "innocent passage" through any territorial waters, with strategic straits allowing the passage of military craft as "transit passage", in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas if doing so is essential for the protection of its security. #### Archipelagic waters - the convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline will be Archipelagic Waters and included as part of the state's internal waters. #### Contiguous zone - beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws regarding activities such as smuggling or illegal immigration. #### Exclusive economic zones (EEZs) - It extend 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 meters deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables. #### Continental shelf - refers to the natural prolongation ends, but it may never exceed 350 nautical miles, or 100 nautical miles beyond 2,500-meter isobath, which is a line connecting the depth of 2,500 meters. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority. Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states. Part XI of the Convention provides for a regime relating to minerals on the seabed outside any state's territorial waters or EEZ. It establishes an International Seabed Authority (ISA) to authorize seabed exploration and mining and collect and distribute the seabed mining royalty. The Philippine position on the definition of its internal waters is commonly known as the archipelago doctrine. This is articulated in the second sentence of Article I, Sec 1 of the 1987 Constitution (see above). Our position is that our islands (as many as 7,100) should be considered one integrated whole instead of being fragmented into separate units each with its own territorial sea. Hence, in defining the internal waters of the archipelago, straight baselines should be drawn to connect appropriate points of the outermost islands without departing too radically from the general direction as one whole territory. The waters inside these baselines shall be considered internal and thus not subject entry by foreign vessels without consent of the local state. The archipelago doctrine has been embodied in the 1982 Convention of the Law of the Sea, with the modification that archipelagic sea lanes shall be designated over the internal waters through which foreign vessels shall have the right of passage. #### Arial Domains - This refers to the air space above the land and waters of the State. The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating and regulating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel. The Convention also exempts air fuels from tax. The document was signed on December 7, 1944 in Chicago, Illinois, by 52 signatory states. The Convention defines the supreme authority of each state to its airspace. Relevant provisions of the convention relate to such recognition and the elements of a state's territory, to wit: Article 1, Sovereignty: The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. The rules governing the high seas also apply to outer space, which is considered res communes. Under customary international law, States have the right to launch satellites in orbit over the territorial space of other States. #### The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on January 27, 1967, and entered into force on October 10, 1967. As of January 2007, 98 countries are states-parties to the treaty, while another 27 have signed the treaty but have not yet completed ratification. The Outer Space Treaty represents the basic legal framework of international space law. Among its principles, it bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications (Art.IV). However, the Treaty does not prohibit the placement of conventional weapons in orbit. The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet, since they are provinces of mankind. Art. II of the Treaty states, in fact, that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means". The pendant for giving up sovereignty in outer space is the jurisdiction and control that the State that launches a space object retains. According to Manfred Lachs jurisdiction and control is giving the means to the State to conduct a mission of space exploration. Article VI of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities. Following discussions arising from Project West Ford, a consultation clause was inserted in Article IX of the Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment." Experts of international space law state that the Moon falls under the legal concept of res communes, which means that it belongs to a group of people, and may be used by every member of the group, but cannot be appropriated by cope (the concept is glee applied to International Motorol The effect of the by those who claim the ability to sell property rights on the Moon and other bodies, but the dispute has never been tested in a court of law. ### Modes of Acquiring Territory There are modes for a state to acquire territory, to wit: discovery and occupation, prescription, cession, accretion, and subjugation and annexation: #### Discovery and Occupation - a state may acquire territory through this mode by discovering continent, island, or land with no inhabitants or occupied by uncivilized inhabitants, and thereafter, occupying it under its political administration. Discovery without subsequent occupation is not sufficient to acquire territory. #### Prescription - it is a mode of acquiring territory through continuous and undisputed exercise of sovereignty over it during such a period as is necessary to create under the influence of historical development the general conviction that the present condition of things is in conformity with international order. #### Cession - it is the assignment, transfer, or yielding up of territory by one state or government to another. #### Accretion - it is a mode of acquiring territory by addition of portions of soil, either artificial such as the reclamation in Manila Bay or natural by gradual deposition through the operation of natural causes such as the waves of the ocean. #### Subjugation and Annexation - it is a mode of acquiring territory belonging to a state by occupation and conquest made by another state in the course of war and by annexation at the end of the war. #### Government - is the agency or instrumentality through which the will of the State is formulated, expressed and realized (US v. Dorr) #### Government of the Philippine defined - The corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which the political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms Government - refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized It is the means by which state policy is enforced, as well as the mechanism for determining the policy of the state. A form of government, or form of state governance, refers to the set of political institutions by which a government of a state is organized. Synonyms include "regime type" and "system of government". The word government is derived from the Latin infinitive gubernare, meaning "to govern" or "to manage". In parliamentary systems, the word "government" is used to refer to what in presidential systems would be the executive branch. In parliamentary systems, the government is composed of the prime minister and the cabinet. In other cases, "government" refers to executive, legislative, judicial, bureaucratic, and possibly also devolved powers. ### Forms of government are classified according to 1) number of persons exercising sovereign powers 2) extent of powers exercised by the central or national government and 3) the relationship between the executive and the legislative branches of the government. #### Monarchy - The supreme and final power is in the hands of a single person and is further classified as 1) absolute monarchy and 2) limited monarchy. #### Aristocracy - political power is exercised by a few privileged classes. It is sometimes called government by the best, due to the fact that access to the ruling aristocratic class is based not only on birth and wealth but also upon physical, intellectual, and moral qualities. #### Oligarchy - a government whereby authority is vested in a few individuals or families. #### Democracy - political power is exercised by a majority of the people and is further classified as 1) direct or pure democracy or 2) indirect, representative, or republican democracy. #### Centralized/Unitary - a form of government where the control over national and local affairs is buthe central ex nation #### Federal government - is where the powers of the government are divided fundamentally between two organizations, each having its own definite sphere of authority, and neither having the power to interfere with or destroy the other. #### Parliamentary government - is distinguished by the head of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. Hence, there is no clear cut separation of powers between the legislative and executive branches of government. Parliamentary systems usually have a clear differentiation between the head of government and the head of state. Meanwhile, a #### Presidential government - indicates a system wherein the offices of the head of the government and head of state are combined in a single man—the President. The entire executive power is vested in the President and all government action is his responsibility. The presidential system provides for a Chief Executive who is elected for a definite term of office, who holds a wide public mandate as a result of his election, and who is largely independent of the legislative branch for the conduct of his administration. His formal powers are defined in a documentary constitution. Because he is both Chief of State and political leader of the government, his prestige and authority are doubly enhanced. #### Totalitarian government - is total government. It controls all aspects of the people's life. It may have promised to extend certain rights to the people, but these rights exist only on paper. In reality the people have no rights under a totalitarian state; they exist for the use of the state not vice versa. #### Authoritarian government - is less harsh, by comparison, in governing its people than a totalitarian one. Its political power rests on some absolute authority, and it does not recognize the sovereignty of the people but at the same time allows them some civil rights limited though those may be. #### De Jure government - is one that has the legal recognition of the family of nations, but it may exist alongside a rival government which is de facto. #### De Facto government - has set itself up in the state; it has its own set of officials, laws, etc. but it does not have international recognition although it may want that. ### Sovereignty - is the supreme, absolute and uncontrollable power by which an independent state is governed. It is the paramount control of the constitution and the frame of government and its administration. There are two kinds of sovereignty, to wit: internal and external - **Internal Sovereignty** - it is the power to control and direct the internal affairs of a country such as the authority to enact, execute and apply laws. Under international law, internal sovereignty is not a factor in determining whether an entity is a state. - **External Sovereignty** – it is the power of an independent State to control and direct its external affairs such as the authority to enter into treaties with other state, to wage war, and to receive and send diplomatic missions. ### Recognition - It is an act which gives a state an international status. ### Theories of State Origin: - **Divine Right Theory** - this asserts that a state is of divine origin, for all political authority emanates from God. - **Paternalistic/Patriarchal Theory** - a theory which accounts for the state as an extension of the family. - **Social Contract Theory** – was the dominant political creed of the 17th and 18th centuries, replacing the divine theory. This was done by a contract or compact among people whereby each one surrendered his natural liberty but gained in return the protection and civil rights guaranteed by the governments. - **Necessity/ Force Theory** – this theory provides that the state has arisen through sheer force: a man dominating a tribe through brute strength and cunning; a tribe conquering other tribes to form a kingdom; this kingdom smashing other kingdoms to transform itself into an empire; and empires and kingdoms clashing against one another for supremacy. - **Instinctive Theory** - the proponents of this theory hold that political institutions are but the objective expressions of the instinct of men for association. - **Historical/ Evolution Theory** – Burgess, a well known authority in political science, states the theory thus: "the proposition that the state is the product of history means that it is the gradual and continuous development of human society, out of a grossly imperfect beginning through crude but improving forms of manifestation, towards a perfect and universal organization of mankind. - **Economic Theory** – according to the advocates of this theory, the state was erected primarily to take care of man's multifarious needs.