Politics-Governance-and-Constitution-Part-1 PDF

Lesson 1: Introduction to Politics What is politics? 1. The term “politics” came from the Greek word “polis or city-state” (Keohane and Nye, 1971). 2. Politics is the activity through which people make, preserve, and amend the general rules under which they live. Thus, politics is linked to t...

Lesson 1: Introduction to Politics What is politics? 1. The term “politics” came from the Greek word “polis or city-state” (Keohane and Nye, 1971). 2. Politics is the activity through which people make, preserve, and amend the general rules under which they live. Thus, politics is linked to the phenomena of conflict and cooperation (Heywood, 2013). 3. The essence of social existence is politics and that two or more men interacting with one another are invariably involved in a political relationship. What is political science? 1. Political science is the study of the state in all its elements, aspects, and relationships such as its government, its organs and institutions which the state functions. 2. It is also a systematic study of politics. 3. It is also concerned with the associations of human beings into a body politic or a political community (organized under government and law). Scope of political science 1. Political theory - relating to the origin, form, behavior, and purposes of the state are dealt with (De Leon, 2008). A political thought which explains the political ideas and beliefs of a group of people (Ayson and Reyes, 2000). 2. Public law - this refers to the constitutional and legal principles/rules governing sovereign states, governments and individuals in their relationship with one another (Ayson and Reyes, 2000). This includes: (a) organization of governments; (b) the limitations upon government authority; (c) the powers and duties of governmental offices and officers; and (d) the obligations of one state to another (De Leon, 2008). 3. Government - this deals with the government set-up of a state on both national and local levels. It covers the state constitution, laws, citizenship, structures of the various levels of government, the election process, the judicial system, political parties and interest groups, and foreign affairs (Ayson and Reyes, 2000). 4. Public administration - This is focused on the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branch of government (De Leon, 2008). It also has become an important machinery with expanding activities and functions including the determination and adoption of appropriate measures pursuant to the rule-making power of legislative bodies (Ayson and Reyes, 2000). Approaches to the study of politics 1. History a) The history is past politics and the politics present history. The historical approach employs knowledge of the past to interpret present and probable developments in political phenomena. b) Analysis of the causes and factors that influence the state’s growth and development, thus, knowledge of historical foundations will help political MIDTERM - Politics, Governance, and Citizenship 1  thinkers to analyze and describe present political phenomena, and enables them to provide direction and meaning for the future. c) “Political science without history is hollow and baseless; history without political science has no fruit; and political science without history has no root (Dr. J. Seeley)”. 2. Economics a) Economic conditions affect the organization, development, and activities of states, which in turn modify or even prescribe economic conditions. b) It is a branch of study that concerns with the problem of allocating scarce resources to attain optimum satisfaction of society’s unlimited wants. c) To gain insights on how the government shapes and determines economic policies on the use of resources in order to achieve the best of national goals - the economic welfare of the people. 3. Sociology and Anthropology a) Concerned with the origins and nature of social control and governmental authority, with the abiding influences of race, culture upon society, and with the patterns of collective human behavior. b) The study of social problems which are also problems of the government such as investigations and inquires on crime, marital relations problems, juvenile delinquency, housing problems, and among others may later become interesting and basic subjects of legislation. c) “A government cannot become effective without at least a measure of legitimacy; it cannot retain its legitimacy unless it becomes effective (Pennock and Smith). 4. Psychology a) This promotes the studies on mental and emotional processes motivating the political behavior of individuals and groups. b) This can also be appreciated in the study of public opinion which is influenced by (2) factors: propaganda and pressure groups. 5. Geography a) This discusses aspects related to external political problems, national power, and trade relations. b) Geopolitics is a science which emphasizes that the domestic and foreign policies of a state are dependent upon it physical environment, thus, the location of a state is an important factor in its growth, development, and survival. 6. Philosophy a) Concepts in framing constitutions and laws. b) This involves political theories such as origin of state and democracy. c) It also has presented a man an alternative vision of the state. Functions and importance of politics 1. To discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, to criticize that is bad or inefficient, and to suggest improvements. 2. Findings and conclusions may be of immense practical use to constitution-makers, legislators, executives, and judges who need models of norms that can be applied to immediate situations. MIDTERM - Politics, Governance, and Citizenship 2 3. It deals with problems of social welfare, governmental economic programs, international cooperation, and a wide range of urgent concerns to public officials and to private citizens. Goal in the study of politics 1. Self-interest a) We all have a considerable stake in understanding how government works (or why it is not working). b) Through the study of politics, we become more aware of our dependence on the political system and better equipped to determine when to favor and when to oppose change. 2. Public interest a) People are greatly influenced by civil society and the prevailing culture and climate of politics. b) Politics plays a vital role in shaping these circumstances, and it is fair to say the public interest hangs in the balance. 3. Knowledge and understanding of government a) We must know ho the government operates, what interest and forces behind particular policies, what results of such policies, what his/her rights and obligations, who are his/her elected representatives, and what they stand for. MIDTERM - Politics, Governance, and Citizenship 3 Lesson 2: Concepts of power, order, and justice Power - defined 1. Power is the currency of all politics. 2. Without power, no government can make and enforce laws, provide security, regulate the economy, conduct foreign policy, or wage war. 3. A large population, a booming economy, a cohesive society, and wise leadership— all are examples of quite different power sources. 4. Hard power refers to the means and instruments of brute force or coercion, primarily military and economic clout. 5. Soft power is “attractive” rather than coercive: the essence of soft power is “the important ability to get others to want what you want. Sources of powers 1. Force. This is the actual or threatened use of coercion to impose one's will on others. 2. Influence. This refers to the exercise of power through the process of persuasion. It is the ability to affect the decisions and actions of others. 3. Authority. This refers to power that has been legitimized by society. People obey commands from a recognized authority not out of fear or for rewards, but because they believe it is right to do so. 4. Legitimate Power. This is power that is granted because of merit or reward, and it can be given by the majority of people. 5. Illegitimate Power. This is power that is taken through unlawful means like extortion, forceful takeover, or coercion. 6. Expert Power. This is power given to individuals or groups that have certain leadership capabilities and skills. 7. Referent Power. This is a person's ability to influence others' behavior because they are respected, admired, or liked. Order - defined 1. It refers to an existing or desired arrangement of institutions based on certain principles, such as liberty, equality, prosperity, and security. 2. Also often associated with the rule of law (as in the phrase “law and order”) and with conservative values such as stability, obedience, and respect for legitimate authority. 3. It denotes structures, rules, rituals, procedures, and practices that make up the political system embedded in every society. Justice - defined 1. We willingly accept the rule of the few over the many only if the public interest—or common good—is significantly advanced in the process. 2. The distinction between the public-spirited exercise of political power on one hand and self-interested rule on the other. This distinction attests to the importance of justice in political life. MIDTERM - Politics, Governance, and Citizenship 4 Methodology in the study of politics 1. Observational or empirical method a) Observing actual political institutions and their processes. b) Every change in their operation and structure, every method in the formulation and determination of their laws and policies, and every new system of administration in a state has great significance. c) This can be used in determining voting behavior in which election statistics and opinion polls are measures used to predict the election winner. 2. Historical method a) The origin and evolution of the state and its institutions, be seeking to explain what they are and what they will be. b) To identify the forces and factors that influence its growth and development. c) It depends much upon the evidence of past experiences of the state in order to be able to explain the present and future development of its institutions. 3. Comparative method a) Focuses on contemporary political institutions and practices of various countries at different periods of history. b) We can draw similarities and differences in the structures and systems of the government of these countries, thus, it gives us the opportunity to select the best that can be adopted and suited to present conditions. 4. Analytical method a) It is aimed at discovering the significant or essential elements of political institutions in an attempt to analyze and examine their worth and value and how they work. MIDTERM - Politics, Governance, and Citizenship 5 Lesson 3: The State Meaning of state A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control. Elements of state 1. People a) Refers to the mass population living within the state. b) Refers to the inhabitants or population of a state. c) Without people there can be no functionaries to govern and no subjects to be governed. d) There is no requirement as to the number of people that should compose a state. But it should be neither to small nor too large: small enough to be well- governed and large enough to be self-sufficing. e) People should be politically united. They should have strong national ties because unity is essential to the continuous existence of the state. 2. Territory a) Consist of the land within the boundaries of the state, the airspace above the land, the inland waters like the rivers, the springs, lakes, bays, mineral and natural resources, and the 12 miles of the sea beyond the state’s coastlines. b) If the state is an archipelago, its territory also consists of the bodies of water surrounding, in between and connecting the islands comprising it, including the seabeds, continental shelves and other marine areas beneath these bodies of water. 3. Government a) The essential instrument of machinery of the state that carries out its will, purposes, and objectives. b) It refers to the agency through which the will of the state is formulated, expressed and carried out. 4. Sovereignty a) The supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and to have freedom from foreign control. b) Internal sovereignty - the supreme or absolute power to a state to enforce its will on the people within its territory. The government must possess adequate powers to control and regulate the conduct and affairs of the people within the borders of the state. c) External sovereignty - independence of a state from control by any other state. A state should be recognized and respected by the nation-states. All nation- states enjoy equality under international law Characteristics of sovereignty 1. Absolute - the state is not subject to restrictions by any other power. It is the supreme power over subjects and the state through its government is the ultimate MIDTERM - Politics, Governance, and Citizenship 6  authority that can enforce the law upon its own people or upon any organization or association within its territory. 2. Comprehensive - its supreme legal authority extends to all - the citizens, aliens (foreigners), associations or organizations within its boundaries. 3. Permanent - sovereignty is perpetual in the sense that as long as the state exist. 4. Indivisible - sovereign is required to respect agreements involving political obligations toward the subjects or toward other sovereigns and the right of private property. Types of state sovereignty 1. Legal sovereignty - supreme authority of the state expressed by the law and the constitution. Law as a supreme command to enforce by the ruler upon his people who in turn render habitual loyalty and obedience to the ruler. 2. Political sovereignty - the supreme will of the state expressed by the electorate. Supreme authority of the state is exercised by the electorate in the choice of public officers at least during election time. 3. Popular sovereignty - supreme authority of the state which resides in the people. The people are the ultimate sources of power and so they allow themselves to be governed. It was said that sovereignty resides in the people and all government authority emanates from them. 4. De facto sovereignty - vested on a person or a group of persons who have succeeded in displacing the legitimate sovereign. The authority or coercive power of this person or group of persons exist in the fact and is sanctioned by the people within the state territory. 5. De jure sovereignty - from the viewpoint of recognizing state. The supreme legal authority of the state is based on the supremacy of law. It is formally expressed by the constitution and by the laws enacted conformably with its provisions. State distinguished from nation 1. The state is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions. 2. A state is not subject to external control while nation may or may not be independent of external control; and 3. A single state may consist of one or more nations or peoples. State distinguished from government 1. The government is only the agency through which the state expresses its will. 2. A state cannot exist without a government, but it is possible to have a government without a state. 3. A government may change, its form may change, bu the state, as long as its essential elements are present, remains the same. MIDTERM - Politics, Governance, and Citizenship 7 Lesson 4: State origins and its rights Theories of state origin 1. Divine right theory a) It holds that the state is of divine creation and the ruler is ordained by God to govern the people. b) Monarch invoked this theory to justify their absolute rule. 2. Necessity or force theory a) States must have been created through force, by some great warriors who imposed their will upon the weak. b) The state came into existence out of conquest, force, or coercion. 3. Paternalistic theory a) The origin of states to the enlargement of the family which remained under the authority of the father or mother. b) Arose from the process of evolution starting from the smallest unit of society - family. The family headed by a parent enlarged into a clan and later expanded into a tribe, the tribe into a nation, and nation into a state. 4. Social contract theory a) States must have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good. b) People created the state for the purpose of promoting and preserving their natural rights to life, liberty, and property (John Locke). Inherent powers of the state 1. Power of Taxation a) An inherent power of the state exercised through legislature, to impose burdens upon subjects and objects within its jurisdiction, for the purpose of raising revenues to carry out the legitimate objects of the government. b) Purpose: For raising revenue to carry out the legitimate objects of the government. 2. Police Power a) This is the power vested in the Legislature by the Constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, for the good and welfare of the State and its subjects. b) Requisites: interest of the public is general, not that of pa particular class; and used are reasonably necessary for the purpose, and not unduly oppressive upon individuals. 3. Power of Eminent Domain a) This is the right of the State to acquire private property for public use upon payment of just compensation and observance of due process. b) Requisites: there must be taking of public property; it must be for public use; there must be just compensation; and due process of law must be observed in taking of the of property. MIDTERM - Politics, Governance, and Citizenship 8 Lesson 5: Government and its classifications Government by one person 1. Monarchy a) The ruler is a monarch who comes from a royal family. b) In which the supreme and final authority is in the hands of a single person. c) Royal title may be king, queen, emperor, empress, tzar or tzarina, or any royal title a monarch ruling state. d) Monarchies are classified into : e) Absolute monarchy - the ruler rules by divine right and exercises absolute powers. The ruler wields executive, legislative, and judicial authority. f) Limited monarchy - the monarch is willing to part some of his powers and delegates them to some government agencies, thus, the ruler rules in accordance with a constitution. 2. Dictatorship a) The government is ruled by a person who comes from military or civilian class. b) The power and control over government becomes entrenched by a clique of fanatical followers c) The dictator usually proclaims himself as the champion and protector of the poor people. d) Dictatorship may be totalitarian when the dictator controls everything such as all means of communication, homes, schools, and churches, the nation’s economy and even the people’s lives. Totalitarianism is the most extreme type of dictatorship. Government by the few 1. Aristocracy a) It is defined from the Greek etymology aristo which means best and kratia or kratos means rule. b) This is a government by the “best” members of the community. c) Aristocrats are presumably mean of the highest intelligence and integrity as the elite members of the society. 2. Oligarchy a) The wealthy few in the government, or the oligarchs, believe that the most important requisites to the claim of power are wealth, good social position, and education. b) The oligarchs are the enemies of the poor, thus, they have no qualms of charity. Note: oligarchy and aristocracy are also authoritarian since there are no elections and no referendums in which the citizens participate. The authoritarian governments do not allow people to organize in political parties and interest groups. MIDTERM - Politics, Governance, and Citizenship 9 Government by the many 1. Democracy a) Derived from the Greek term demos which means people, and kratia or kratos which means to rule. b) The political power is exercised by a majority of the people. c) “a government by the people, of the people, and for the people.” d) Democratic governments are classified into: e) Direct of pure democracy - the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or primary assembly rather than through the medium of delegates or representative. f) Indirect, representative, or republican democracy - the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives. The institutional types of government 1. As to the extent of powers exercised by the central or national government: a) Unitary government - the control of national and local affairs is exercised by the central or national government. b) Federal government - The powers of government are divided between 2 sets of organs, one for national affairs and the other for local affairs. It is well adapted to large countries populated by people of different races, nationalities, cultures, languages, and religions. 2. As to relationship between the executive and the legislative branches of the government: a) Presidential government - the executive power is exercised by a single president elect by popular vote. He holds office for a specific period of time as fixed by the constitution of the state. b) Parliamentary government - the executive power belongs to the Prime Minister and his Cabinet. The leaders of the majority party remain in office as long as they have the confidence and support of the parliamentary majority. Purposes and necessity of government 1. Advancement of the public welfare a) government exist for the benefit of the people governed. It is necessary for the protection of society and its members, the security of persons and property, the administration of justice, the preservation of the state from external danger, and advancement of physical, economic, social, and cultural well-being. 2. Consequence of absence a) without an organized structure, anarchy and disorder, and general feeling of fear and insecurity will prevail in society, progress and development will not be possible, rights can never be enjoyed. MIDTERM - Politics, Governance, and Citizenship 10 Lesson 6 - Concepts of constitution Constitution - defined 1. Refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. 2. it also refers to a body of fundamental laws, rules, customs, norms, standards, and principles according to which the government operates and its relations with the citizens are defined. Nature and purpose of constitution 1. Serves as the supreme or fundamental law a) It is a charter creating the government. b) It is supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience. c) It is binding on all individual citizens and all organs of the government. d) It is the law to which all other laws must conform. 2. Establishes basic framework and underlying principles of government a) Its purpose is to prescribe the permanent framework of the system of government and to assign to the different or branches, their respective power and duties, and to establish certain basic principles on which the government is founded. Kinds of constitution 1. As to their origin and history a) Conventional or enacted - enacted by a constituent assembly or granted by a monarch to his subjects. b) Cumulative or evolved - it is a product of growth or a long period of development originating in customs, traditions, judicial decisions rather that from a deliberate and formal enactment. 2. As to their form a) Written - definite written form at a particular time, usually by a specially constituted authority called a constitutional convention and ratified by the people. b) Unwritten - entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments. 3. As to manner of amending them a) Rigid or inelastic - cannot be amended or altered except by some special machinery more cumbrous that the ordinary legislative process, and b) Flexible or elastic - no higher legal authority than ordinary laws and which may be altered in the same way as other laws. Note: The constitution of the Philippines is a written instrument by which the fundamental powers of the government are established, limited, and defined. It may also be classified as conventional or enacted, and rigid or inelastic. MIDTERM - Politics, Governance, and Citizenship 11 Constitution distinguished from statute 1. A constitution is a legislation direct from the people while a statute is a legislation from the people’s representatives. 2. A constitution merely states the general framework of the law and the government, while a statute provides the details of the subject of which it treats. 3. A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended to primarily meet existing conditions only. 4. A constitution is the supreme or fundamental law of the state to which statutes and all other laws must conform. MIDTERM - Politics, Governance, and Citizenship 12 Lesson 7: Constitution of the Republic of the Philippines The 1935 constitution 1. The 1935 Philippine constitution was the first constitution of the Philippines as an independent nation. It was drafted by a constitutional convention that was elected in 1934 and ratified by the Filipino people in 1935. It established the Commonwealth of the Philippines, a transitional government that would prepare the country for full independence from the United States after a ten-year period. 2. Some of the highlights of the 1935 constitution are: a) It declared the Philippines as a republican state, where sovereignty resides in the people and all government authority emanates from them; b) It provided for a presidential system of government, with a bicameral legislature composed of a Senate and a House of Representatives, an executive branch headed by a President and a Vice President, and a judicial branch headed by a Supreme Court; c) It guaranteed the bill of rights, which included the protection of life, liberty, and property; the freedom of speech, press, religion, and assembly; the right to due process of law and equal protection of the law; and the prohibition of ex post facto laws and bills of attainder; d) It renounced war as an instrument of national policy and adopted the generally accepted principles of international law as part of the law of the nation; and e) It promoted social justice to ensure the well-being and economic security of all the people; 3. The 1935 constitution was amended only once, in 1940, to establish a unicameral National Assembly and to allow for a second term for the President and Vice President. The 1973 constitution 1. The 1973 Philippine constitution was the second constitution of the Philippines as an independent nation. It was proclaimed by then-President Ferdinand Marcos during martial law, and was ratified by the Filipino people through citizens' assemblies in 1973. It established a new form of government, which was later called the "New Society". 2. Some of the highlights of the 1973 constitution are: a) It abolished the presidential system of government and replaced it with a parliamentary system, where the executive power was vested in a Prime Minister, who was elected by a unicameral National Assembly. The President became a ceremonial head of state, who was elected by the National Assembly for a six-year term; b) b) It granted Marcos sweeping powers to amend the constitution, enact laws, issue decrees, and appoint officials without the consent of the National Assembly. It also allowed him to suspend the writ of habeas corpus, declare martial law, and exercise emergency powers in times of crisis; MIDTERM - Politics, Governance, and Citizenship 13  c) It created a constitutional authoritarianism, where the rule of law was subordinate to the will of Marcos. It suppressed civil liberties, human rights, and democratic institutions. It also imposed censorship, curfews, and arrests on dissenters and critics; d) It promoted a nationalist and populist ideology, which aimed to create a "New Society" that was free from corruption, poverty, and social injustice. It also advocated for a "Filipino First" policy, which favored local industries and businesses over foreign interests; and e) It recognized the role of the military in maintaining peace and order, and in supporting the development programs of the government. It also established a National Defense Council, which advised the President on matters of national security. The 1987 constitution 1. The 1987 Philippine constitution is the supreme law of the Philippines. It was ratified on February 2, 1987, and provides for a presidential, representative, and unitary form of government, as well as a bill of rights. The constitution is based on the principles of democracy, social justice, and human rights. 2. Some of the highlights of the 1987 constitution are: a) It restored the bicameral Congress, composed of a Senate and a House of Representatives, which was abolished by the 1973 constitution. It also created an independent Commission on Elections to ensure free and fair elections; b) It expanded the bill of rights, which includes the protection of life, liberty, and property; the freedom of speech, press, religion, and assembly; the right to due process of law and equal protection of the law; and the prohibition of ex post facto laws and bills of attainder. It also added new rights, such as the right to information, the right to privacy, the right to health, and the right to education; c) It established a constitutional commission on human rights, which investigates violations of human rights and recommends measures to prevent or correct them. It also created a constitutional commission on audit, which examines the accounts and expenditures of all government agencies; d) It provided for a comprehensive agrarian reform program, which aims to distribute land to landless farmers and promote rural development. It also recognized the rights of indigenous peoples to their ancestral domains and cultural identity; and e) It declared that the Philippines is a democratic and republican state, where sovereignty resides in the people and all government authority emanates from them. It also renounced war as an instrument of national policy and adopted the generally accepted principles of international law as part of the law of the nation. MIDTERM - Politics, Governance, and Citizenship 14