POLGOV_MODULE#1.pdf

Politics and Governance (Module 1: Lesson 1-3) Lesson 1: Introduction to Politics Politics In its broadest sense, it is the activity through which people make, preserve, and amend the general rules under which they live ❖ It is also a process that determines the distribution of...

Politics and Governance (Module 1: Lesson 1-3) Lesson 1: Introduction to Politics Politics In its broadest sense, it is the activity through which people make, preserve, and amend the general rules under which they live ❖ It is also a process that determines the distribution of power and resources. ❖ This refers to the theory and practice of how people influence others in making decisions and carrying out projects and programs. Two Approaches to Define Politics: 1. Politics as Arena Associated with an arena or location or where the “politics” happen. ➔ Limits politics to the state and all its instrumentalities and related institutions, its hierarchy of offices and personnel, laws, and policies. ➔ It covers actions and activities that are sanctioned by the state. Example: Election 2. Politics as a Process They were associated with the activity or process. Or how the “politics” happened. ➔ It goes beyond the narrow arena approach, how decisions are made and executed for a society ➔ Focused on activities outside the constitutional and legal framework Example: Organized protests Studying Politics: Different Views of Politics 1. Politics as Art of Government Politics could be seen as the process by which the government responds to the needs of its constituents.  Politics is viewed as an art or practical application of knowledge for the achievement of a particular objective. Art of government or the exercise of control within society through making and enforcement of collective decisions. This view was developed in Ancient Greek. Politics was derived from the Ancient Greek word “polis” which means “city-states” Politics can be understood to refer to the affairs of the polis – in effect “what concerns the polis”. 2. Politics as Public Affairs Public life or public affairs – the distinction between the political and the non-political coincides with the division between an essentially public sphere of life and what can be thought of as a private sphere. Considers what happens in the public sphere of life is politics The traditional distinction between the public realm and the private realm conforms to the division between the state and civil society. The state is seen as the apparatus of the government responsible for the collective organization of community life while being funded by public money. Public Examples: The institutions of the state such as the apparatus of government, the courts, the police, the army, the social security system, and so forth are regarded as “public” Private Examples: Civil Society consists of the “little platoons” institutions such as the family and kinship groups, private businesses, trade unions, clubs, community groups, and so on, that are ‘private’. 3. Politics as Compromise and Consensus Relate in the way how decisions are made in politics as it is seen as a particular means of resolving conflict that is by compromise, conciliation, and negotiation rather than through force and naked power  Based on the belief that society is characterized by consensus rather than irreconcilable conflict Ex. The description of a solution to a problem implies peaceful debate and arbitration, as opposed to what is often called a “military solution” See conflict as an inherent part of everyday life and it is through politics that these conflicts are resolved. 4. Politics as Power ❖ Politics concerns the production, distribution, and use of resources during social existence. ❖ Politics is about diversity and conflict, but the essential ingredient is the existence of scarcity, politics therefore be seen as a struggle over scarce resources ❖ Politics is power ❖ The ability to achieve a desired outcome through whatever means. Faces of power a. Power as decision-making - consists of conscious actions that influence the content of decisions ❖ The stick – use of force or intimidation ❖ The deal – productive exchanges involving mutual gain ❖ The kiss – the creation of obligations, loyalty, and commitment b. Power as agenda setting - ability to prevent decisions from being made c. Power as thought control- the ability to influence another by shaping what s/he thinks, wants, or needs or psychological control Politics and Political Science Political Science - branch of social science that deals with the study of politics. It deals with systems of government and the analysis of political activity, behavior, theories, and practices. Politics in Political Science refers to human behavior about matters related to government activities such as the formulation and  execution of policies, creation of laws, selection of government officials It is associated with the concept of power and legitimate authority in the state. LESSON 2: GOVERNMENT VS GOVERNANCE What is government? ❖ The term is generally used to describe the formal institutions through which a group of people is governed. ❖ Extends to include the persons and organizations that make, enforce, and apply political decisions for a society Examples: Government of the Philippines, Quezon City Government, Supreme Student Government, etc. Government is different from administration as government is permanent while administration is a batch of people who are entrusted with the management of political affairs. Example: Philippine Government but we also have the Duterte Administration, BBM Administration What is Governance? ❖ According to Leftwich (2011), governance refers to the web of formal or informal institutions, rules, norms, and expectations that govern behaviors in societies and without which the very idea of human society is impossible. ❖ Refers to the activities of the government as an institution relative to its management of the public affairs ❖ The process by which decision-making and the process by which decisions are implemented. Therefore, governance is about governing, regulating, managing, and ordering a group of people or the whole state Social Contract Theory - the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.  ❖ People enter themselves into a social contract or a written/unwritten binding agreement among people that bids the creation of a government and consequent use of politics for the achievement of peace and order. The objective of the Government According to the Social Contract Theory, the only reason for the Government to exist is to serve the people. Therefore, the government was instituted for no other purpose but to promote the general welfare. A government that does not serve the people does not serve its purpose and therefore, is worth replacing. Basic Types of Government 1. Monarchy ○ Form of government ruled by a single person ○ The sole ruler is called the monarch but may also called as King or Queen 2. Republic ○ form of government in which a state is ruled by representatives of the citizen body. 3. Oligarchy ○ Refers to the rule by a small group of people. ○ This was the common form of government during the medieval period when the nobility established an aristocracy of the social elite 4. Democracy ○ Perhaps the most ancient of all governmental systems based on the Athenian concept of government ○ Refers to the rule of the people who directly participate in all government activities The Philippine Government  The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them (Art. 2 Sec. 1) Being a Democratic Government It’s the people who essentially govern “Salus populi est supreme lex” or the welfare of the people is the supreme law Being a Republican Government The essence of republicanism is the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf. Public office is a public trust, and public officers must always be accountable. The Three Branches of the Government (will be discussed thoroughly in Module 3) Executive – execute laws and legislation Legislative – enacts laws and legislation Judicial - Interpret laws and legislation Doctrine of Separation of Powers The three branches must discharge their respective functions within the limits and authority conferred by the constitution Non-concentration of power in one department Doctrine of Checks and Balances One department can resist encroachments on its prerogatives from one department or rectify mistakes or excesses committed by another. Indicators of Good Governance: 1. Participation ○ Key cornerstone of good governance ○ Participation could be either direct or through legitimate intermediate institutions or representatives. 2. Rule of Law ○ Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities 3. Transparency  ○ Transparency means that decisions taken and their enforcement are done in a manner that follows the rules and regulations. ○ It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement 4. Responsiveness ○ Good governance requires institutions and processes to serve all stakeholders within a reasonable timeframe. 5. Consensus oriented ○ Good governance requires mediation of the different interests in society to reach a broad consensus in society on what is in the best interest of the whole community and how this can be achieved 6. Equity and Inclusiveness ○ A society’s well-being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society 7. Effectiveness and efficiency ○ Good governance means that processes and institutions produce results that meet society's needs while making the best use of the resources they have. 8. Acountability ○ a key requirement of good governance. ○ Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. LESSON 3: INTRODUCTION TO 1987 PHILIPPINE CONSTITUTION Constitution ❖ The basic and paramount law to which all other laws must conform, and to which all inhabitants, including those aliens who sojourn in the Philippines, must participate and abide. Considered as the highest law of the lands. The 1987 Constitution of the Philippines  ❖ Philippine Constitution is a written instrument enacted by direct action of the people by which fundamental powers of the government are established, limited, and defined and by which those powers are distributed. Development of the 1987 PH Constitution: 1. Martial Law ❖ September 21, 1972, Marcos declared Martial Law upon his Proclamation No. 1081 which resulted in the abolition of Congress. ❖ He also assumed all the powers that should have been with the legislative, executive, and judiciary in cooperation with his First Lady Imelda Marcos. ❖ Martial Law remained until January 17, 1981. 2. Snap Election ❖ On August 21, 1983, Ninoy his best critic and political rival die ❖ Political rallies and demonstrations were observed in the country ❖ This led to a snap election on February 7, 1986 3. EDSA Revolution ❖ People revolt to kick Marcos from his office ❖ Ousted Marcos from his position ❖ Cory Aquino assumed the presidency 4. Constitutional Convention ❖ Aquino to create a Constitutional Commission led by Cecilia Palma ❖ A plebiscite was held on February 2, 1987 ❖ Its ratification signaled the restoration of democratic government and the creation of other branches of government and the 1987 PH Constitution Three Major Parts of the Philippine Constitution 1. Constitution of Liberty ❖ Provide for the rights of citizens. Example: Bill of Rights, Article III  No law shalle be passed abridging the freedom of speech, expression, or the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances. (Art 3. Sec 4) 2. Constitution of Governance ❖ Provide the structures of the government including its duties and responsibilities toward people Example: Declaration of State Principles and Policies, Article II The state shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption (Art 2. Sec 27) The state values the dignity of every human person and guarantees full respect for human rights (Art 2. Sec 11) 3. Constitution of Sovereignty ❖ Deals with the constitutional provisions prescribing the manner, mode, and steps undertaken to amend or revise the Constitution Example: Amendment Provision, Article XVII (1) A constitutional convention, a one-off assembly of specially elected delegates; (2) Via Congress, the bicameral national legislature; and (3) A “People’s Initiative”, where citizens directly propose minor amendments to the Constitution through a signature petition. BILL OF RIGHTS The Article III of the 1987 Philippine Constitution is the Bill of Rights ➔ It establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State. ➔ It guarantees that there are aspects of a person’s life liberty and property that governmental power cannot touch. All government powers are limited by the Bill of Rights. ➔ The rights of the individual must be preserved and safeguarded through the accepted processes of declared constitutional law. Classification of Rights 1. Civil Rights Rights which law will enforce at the instance of private individuals or securing them the enjoyment of their means of happiness Examples: Due process, speech, involuntary servitude 2. Political Rights Granted by law to members of the community concerning their direct or indirect participation in the establishment or administration of government Examples: Citizenship, suffrage, information or public concern 3. Social and Economic Rights Rights intended to ensure the well-being and economic security of an individual Examples: The right to property, just compensation, and cultural rights 4. Human Rights Rights and freedom to which every citizen is entitled Examples: right to life, freedom from slavery, freedom of association, freedom of expression, freedom from torture, protection of privacy and family life, and freedom from discrimination BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws Right to liberty - right to contract, choose employment, labor, and locomotion Right to property - anything that can come under the rights of ownership and be subject to contract Examples: Self-defense, freedom of speech, religious, and political freedom, exemption from arbitrary arrests, the right to freely buy and sell as others may, the right to labor, etc. Section 2: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant arrest shall be issued except upon probable cause to determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched and the persons or things to be seized. Protects all persons, including aliens and, to a limited extent, artificial persons; protects, their houses, papers, and effects. Section 3. (1): The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order required otherwise, as prescribed by law. (2): Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. The privacy of communication and correspondence covers letters, messages, telephone calls, telegrams, and electronic emails. Anti-Wire Tapping Law - “It shall be unlawful for any person, not being authorized by all parties to any private communication or spoken word, Section 4. No law shall be passed abridging the freedom of speech, expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. This freedom covers all modes of expression; speech, expression, and press either in print or broadcast media.