Pointers to Review - PPG PDF

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This document is a review of political science concepts. It outlines definitions of political science and politics, along with various areas of study, including political theory, public law, and public administration.

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CHAPTER I: INTRODUCTION to the STUDY of POLITICAL SCIENCE Definition of Political Science Political Science is the organized and systematic study of the state and the government. It originated from the Greek words, "polis" which means city and “scire", meaning to know. Greece, being the...

CHAPTER I: INTRODUCTION to the STUDY of POLITICAL SCIENCE Definition of Political Science Political Science is the organized and systematic study of the state and the government. It originated from the Greek words, "polis" which means city and “scire", meaning to know. Greece, being the forerunner in history, civilization, education and government, has produced the “Father of Political Science" in the person of Aristotle, who conceptualized that,"Man, by nature is a political animal". This means that man is inherently a social being and his existence is dependent on human relationships and interaction in the society. Politics is defined as the science of government and the art on practice of administering public affairs in Black's Law Dictionary.Politics is policy-making not only in the government but also in school,at work or at home. In this process, man will definitely be interacting with different persons that probably might result in conflicts because politics cannot be avoided. People will always fight for their goals despite rejection or opposition from others. This is why man encounters politics in every aspect of his life---in the community, in school, in organizations, at work or in business. Hence, it is important for students to properly understand the meaning of politics i d political science because it will always be part of their lives as human eings. Scope of Political Science The following are the areas related to the study of Political Science: 1 1.Political Theory This emphasizes on the study of the principles and philosophy of 1 2.Public Law This is a study of the set of rules and regulations that deal with the following aspects: a. Structure of the government b. Restrictions on government authority c. Powers and obligations of government agencies and its officers d. Responsibilities of one state to another Branches of Public Law: 2.1 Constitutional Law-the basic law of the land that determines the powers of the state and the government, from which all other laws should be compatible with. 2.2 Administrative Law - establishes the governing body and specifies the qualifications of the appointed officials who will execute the duties of the government agency. 2.3 International Law-policies that govern the League of Nations. 3. Public Administration This is the area that emphasizes on the systematic manner of managing the state, usually exercised by the three branches of government,namely: the Executive,Legislative and the Judiciary. Methods of Political Science The study of Political Science require a lot of readings and researches. Here are some of the common methods used by political scientists/analysts in studying politics: 1. Deductive Method. This method applies formning specific conclusions based on statements presumed to be true. Example: Robert and Alma are both graduates of the Philippine College of Criminology. The Philippine College of Criminology teaches only one degree, that is, Bachelor of Science in Criminology. Therefore,they are both graduates of Criminology. 2. Inductive Method. This method formulates general truths based on given facts before using them for specific applications. Example: Robert and Alma are both graduates of the Philippine College of Criminology (PCCr). PCCr is the pioneer school in criminology and police science. Therefore, there is a great possibility that Robert and Emma will become successful criminologists in the future. 3. Observational Method. This method involves the actual physical immersion of the political scientist in different political structures,issues and procedures so that he may personally observe the phenomena and make recommendations that will improve the political system. Example: Observing in the different police stations where the fourth year students of the Philippine College of Criminology (PCCr) are assigned for their On-the-Job training (OJT). 4. Historical Method. This method allows the political scientist to study the present and future situations in politics based on past historical and factual events. Example: Study of the 1987 Constitution in comparison with the 1973, 1972,1935 and the Malolos Constitution. 5. Comparative Method. This method enables the political scientist to relate and connect sociological, economic, geographical and political data with other issues in the state and the government. Example: Studying the relationship of poverty to that of thecrime rate and other political and economic issues. Areas of Study Related to Political Science The following subjects are also related to the study of Political Science: 1.History. Political Science and History are related subjects because the present politica1 system is a product of historical event involving the state and the government. 2. Geography.The political scientist studies changes in the government and other political activities by comparing geographical conditions such as location, population, revenue, natural resources and industry which directly affect the activities of the state and the government. 3. Economics. Political systems often affect a country's economic condicions. A politically stable country results in a stable economy. Businessmen and multinational corporations would invest in politically stable countries to secure their financial and economic growth. 4.Philosophy. Political Science and philosophy are intertwined subjects because present political systems are based on the political theories introduced to us by the great Greek philosophical thinkers led by Aristotle, who were the forerunners in the study of the state and the government. 5. Psychology. Political Science and Psychology are always related areas of study because the mental and emotional state of mind of a person always affect his decisions, behavior and his actions such as voting in an election, making personal decisions or committing a crime. Even police officers are made to undergo psychological tests to make sure that they are emotionally and mentally equipped to deal with crimesand criminals and they know their rules of engagement when it comes to handling their weapons. 6.Sociology.Political Science is an integral part of Sociology, the former being the specific aspect of Sociology specializing in the study of the state and the government while the latter is the study of people and relationships in a general aspect.The environment and social influences will definitely affect the political ideologies and decisions of a particular person,thus connecting these two subjects together. 7. Jurisprudence. This is the study of laws and cases decided by the Supreme Court that form part of the laws of our land. Objectives in the Study of Political Science 1. To establish a clear understanding of the state and the government; 2. To define the three branches of a democratic government and their functions; 3.To explain and simplify the meaning of th Bill of Rights under Article III of the 1987 Constitution, and 4. To determine the purpose of the constitution in our lives and how we it should be observed as our basic and fundamental law, and 5.To describe the duties and responsibilities of every person found within the territory of the Republic of the Philippines. CHAPTER II: CONCEPT of a STATE In Political Science, the term state refers to the people. As defined in most Political Science books, a state is a community of persons, more or less numerous, permanently occupying a definite portion of territory,independent of external control and possessing an organized government to which the great body of its inhabitants render habitual obedience. (De Leon,Hector S. Textbook on Philippine Constitution, 2010) The definition specified the simultaneous existence of the four (4)elements of a state because the absence of any of the elements will not give birth to a state. Theories of the Origin of a State Greek philosophers have established some theories on the possible origin of a state. The following are some of them: 1. Divine-Right Theory. This sustains that the state is a divine creation of god and He has chosen His representatives here on earth to rule it. 2. Social Contract Theory. This maintains that the state was established by man'nunwritten contract with one another on the premise that,"No man is an i and”. (Aristotle) 3.Patriarchal Theory. This supports that the state is an extension of a family. The family grew into a clan, a clan into a tribe, a tribe into a nation and a nation into a state. 4. Necessity and Force Theory. This believes that the state was established based on two characters, the weak and the strong person. The weak depends on the strong for protection and the strong ones protect but rule them as a consequence. 5. Instinctive Theory. This sustains Aristotle's philosophy of government that, “ Man by nature is a political animal ”. Man by nature depends on one another for survival. 6. Economic Theory. This supports the principle that the state was established to manage and administer man's various needs. 7. Historical Theory. This affirms that the state evolved through man's development through time. The Elements of a State 1.People. This is the most important and indispensable element of a state. It refers to the population or the number of persons found within the territory. The law does not require a particular number of people but it should be small enough to be administered and large enough to be self-sustaining. 2. Territory. This is where the people reside or choose their place of domicile where they always go back to. It includes the aerial, terrestrial, fluvial and maritime domains. There is no law limiting the size of a territory. The Philippines has a total land area of about 114,830 square miles. Modes of Acquiring Territory: 2.1 Discovery. This is the oldest way of having ownership over a territory, just like when Ferdinand Magellan discovered the Philippines.However, occupation, management and administration should accompany discovery of a land so that it can be considered valid. This is exactly what the Spaniards did to our country for more than three hundred years. 2.2 Prescription. This is the occupation by a state of a particular territory in a continuous manner for a long period of time. This can be exemplified by the Cultural Minorities in the autonomous regions of Muslim Mindanao and the Cordilleras. 2.3 Conquest. This is an illegal way of acquling a territory under the United Nations'Charter because it involves the use of force. The forcible acquisition of a territory by another outside force results in thinvoluntary submission of the conquered territory by the conquering state. 2.4 Cession. This involves a treaty between two countries wherein one partY transfers to another a specific portion of its territory as a form of payment or mutual agreement. natural way. An example of this is by reclamation of a body of water (man-made) or by an Act of God, such as a tsunami, earthquake or a typhoon. 3. Government. This refers to the agency or institution that formulates,expresses and enforces the will of the state. It is always inferior to the state because besides being only one of the elements of a state, its primary purpose is toserve the state. Difference between a State and a Nation These two words should not be used interchangeably because these two terms have specific meaning. The word nation, came from the Latin word,nasci,which means, to be born. This affirms the relationship between birth or origin which implies a singular race represented by a commonality of language, customs, culture, literature and history. Therefore, nation refers to an ethnic concept while a state refers to a legal concept. The state usually refers to man's political rights and obligations. An Arab nation, for example, is comprised of several states like Egypt,Iraq,Arabia, Lebanon, Jordan and Algeria. Meanwhile, it is also possible for a state to be made up of several nations. The United States is a melting pot of nations such as Malays, Filipinos, Chinese, Mexicans,etc. Difference between a State and a Government The state and the government are distinct from one another because the state cannot exist without the government but the government can exist and be changed even without the state. Serving the state is the primary purpose of the government while the state represents the people who elect or appoint the public officers who manage the activities of the government. 4. Sovereignty This is the supreme power of the state to command and enforce obedience to its will rom the people within its jurisdiction and to have freedom from foreign control. There are two kinds of sovereignty: · 1. Internal sovereignty. This is the absolute power of the state to rule its people. 2. External sovereignty. This is the freedom of the state from foreign or external control. (de Leon, Textbook on the Philippine Constitution, 2010) Manifestations of Sovereignty: a. Legal sovereignty. This is the power of the state (people) to make and enforce laws within its territorial jurisdiction. In the Philippines,the power to make laws is vested in Congress, our Legislative Department,where Congressmen and Senators represent us in the House of Representatives and Senate, respectively. The enforcement of these laws is vested in the Executive Department, headed by the President. b. Political sovereignty. This is the power of the state (people) to choose their leaders through clean and honest elections. The people are the primary source of power. Public officials are able to exercise their powers and functions in the government because the people trust them.Public office is a public trust. Characteristics of Sovereignty a. Permanence or perpetuity. The people may choose to change their form of government, leaders may come and go but sovereignty survives as long as the state exists. b.Exclusiveness. Sovereignty is a matter of authority. Police power,power of eminent domain and power of taxation, being the inherent powers of the state are expressions of sovereignty. Sovereignty is not divisible. It is exclusive to the state. c. Comprehensiveness. Since sovereignty is not divisible, it applies to every person or organization found within the territory of the state. d. Absoluteness. Sovereignty is supreme and unrestricted although it may be occasionally subjected to moral issues, prudence, international practices and policy considerations. As a rule, sovereignty is unlimited. e. Indivisibility. Sovereignty cannot be divided. The supreme power lies in the state and only the authority to govern may be delegated but it may also be withdrawn if needed. There could only be one state with one sovereignty. Distinction between Sovereignty and Independence Sovereignty has a wider scope than independence.Sovereignty refers to the supreme power of the state to enforce its will while independence simply means freedom or liberty to act. However, this freedom is not absolute, it has to be within the bounds of law. 13 CHAPTER III: INHERENT POWERS of the STATE The following are the inherent or natural powers of the state which are deemed to exist upon the birth of a state: 1. Police Power. This is the authority of the state to make and implement laws and to regulate property and liberty for the general welfare of the people. The conduct and behavior of the people may be regulated once they violate the law or the rights of other people. This power of the state applies not only to citizens but to any person within the territorial jurisdiction of the state. Examples of Police Power Laws: a. Public safety. Requiring license for driving motor vehicles,airplanes, ships, etc.; issuance of building permits or demolition permits;enforcement of traffic laws and traffic signs and lights. b. Public morals. Punishing prostitution, drug pushing or use,illegal gambling, vagrancy, public scandal, pornography, pornographic materials and the like. c. Public heal. Regulating the use of drugs, providing maternity regulating the medical profession and the like. 13 d. General welfare and convenience. Regulating the price of food,community,etc. 13 2. Power of Eminent Domain. This power enables the state to tak private property for public use upon payment of just compensation. This i also known as the power of expropriation. Three important requirement should be satisfied before a private property may be taken by the stat (may be delegated to the President, local legislative bodies, certain publi corporations like the Land Registration Authority [LRA] and the Manil Waterworks and Sewerage System [MWSS] or to quasi-public corporation like the PNR, PLDT or MERALCO. These are: a. Necessity. The power to take private property should be solel for public purpose such as a public market, transport terminal, publi plaza or park, public hospital, public school or construction of roads an bridges. b. Private property. Any property that can be owned by any perso or can be the subject matter of any contract maybe taken for expropriatio provided that the essential requisites were satisfied. c. Just compensation. This is defined as the fair market value c the private property in full. The expropriator should have the payment fo the private property based on the fair market value of the property befor the actual taking of such property can be executed. The compensatio must be just not only to the owner of the property but also to its taker. Th parties may voluntarily agree upon the price but they cannot be forced t enter into a contract of sale. 3. Power of Taxation. This is the power of the state to impose an collect taxes from all persons with sources of income within the territory c the state to defray the expenses of the government. The money generate from the taxes of the people shall be used for the operations of th government. These revenues shall redound to the benefit of the people i terms of services. Taxation is a reciprocal obligation on the part of the people an the government. The people are expected to pay their taxes while th government should take care of their basic need and services. Taxes are the enforced proportional contriutions from person and property levied by the state by virtue of its sovel ignty, for the suppor of the government and for all public needs. CHAPTER IV: GOVERNMENT The word government was derived from the Latin word gubernaculum,which means a rudder and gubernare, which means to direct or to control.Therefore, the government is the agency or instrumentality through which the will of the state is formulated, expressed and realized. Itis one of the essential elements of a state and as such, it must exist and continue to exist for the benefit of the people governed. The government may be changed according to the will of the people. However, a government can exist without a state but a state cannot exist without a government because all the essential elements of a state should be present simultaneously to give birth to a state. Functions of Government There are two classifications of the functions of government. They are: 1. Constituent functions. These hold the society together and are compulsory in nature, such as: definition and punishment of crimes;keeping peace and order; legal and contractual relations between persons or organizations; administration of the government and international relations with other states. 2.Ministrant functions. These are optional functions for the general welfare of the society, such as: public works, health and safety regulations of trade and commerce and charity. Forms of Govemment Forms of Govemment Aristotle, the Father of Political Science, classified government into: 1. Monarchy. This is a form of government wherein the there is only one ruler. It may be classified into: 1.1 Absolute monarchy. The single ruler rules by divine right. 1.2 Limited or constitutional monarchy. The single ruler rules in accordance with the Constitution. 2. Aristocracy. This is also known as an oligarchy. This form of government is ruled by few men who are chosen because they come from privileged classes by virtue of their birth, wealth, wisdom or intelligence. An example of this is the leadership of the datu, sultan and rajah before the arrival of the Spaniards in the Philippines. They are chosen to lead their balangays because of their royal blood, wealth and wisdom. 3. Democracy. This is a government of the people, by the people and for the people. In this type of government, the authority is vested in the people, who are considered the majority. This may be classified into: 3.1 Pure democracy. People govern themselves directly and not through representatives. 3.2.Indirect,representative or republican democracy. People govern through their chosen representatives. An example of this is Congress,wherein the people are represented by the Congressmen in the House of Representatives and the Senators in the Senate. Other Forms of Government From Aristotle's classification of government, other forms of government have evolved through in time to respond to the changing needs of man in society. 1. According to the manner of instituting officials and the nature of official tenure: a. Elective. This is where the people exercise their right of suffrage in an election. The people themselves vote for their representatives. b. Hereditary. The position is transferred to another by inheritance.The datu, sultan and the rajah exemplify this before the coming of the Spaniards. 2. According to concentration or distribution of governmental powers: central organ.The Philippines and France are examples of this type of government. from each other but they coordinate by enumerating the powers of the between the central and local governments to prevent concentration of Canada are examples of this type of government. 3. According to the relationship between the Executive and the Legislative branches of government: government but the President or the Chief Executive is the head of state Philippines and the United States of America are examples of this type of government. b. Parliamentary. There is a titular head (Monarch) but he is not responsible for legislation. The parliament is the real executive, headed by the Prime Minister, and they are legally responsible for legislation and implementation of laws. Great Britain and Japan are examples of this type of government. 4. As to its legality or constitutionality: a. De jure government. This is the legal government having been elected by the people, established according to the constitution. It is the true, legitimate, rightful and lawful government. The government of President Benigno Aquino III is an example of this type of government. gets its possession and control of the government against the will of the is maintained by force and usually administered by the military authority before she took her oath as President after EDSA I, which deposed former Branches of Government A democratic form of government like the Republic of the Philippines has three branches of government to guarantee separation of powers and check and balance in the government. 1. Executive Department. The President, as the Chief Executive, heads thisdepartment and appoints officials in the various government agencies (DILG, PNP, DSWD, DPWH, DOTC, etc.) to assist him in implementing and enforcing laws. 2. Legislative Department. This department makes and amends laws.This power is vested in Congress through the House of Representatives,including the Party-List representatives and the Senate. 3. Judicial Department. This department analyzes and interprets laws.The power is vested in the Supreme Court which is made up of fifteen (15) Justices, fourteen (14) Associate Justices and a Chief Justice and in other lower courts as may be established by law. Such courts are the Court of Appeals, Court of Tax Appeals, Sandiganbayan and Regional Trial Courts (RTC), Metropolitan Trial Courts (MeTC) and Municipal Trial Courts (MTC).

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