PSC111 - Chapter 6-11 PDF

CHAPTER VI re-elected, while ineffective ones REPRESENTATION, ELECTION AND - Representative democracy is a may be defeated. SUFFRAGE form of ind...

CHAPTER VI re-elected, while ineffective ones REPRESENTATION, ELECTION AND - Representative democracy is a may be defeated. SUFFRAGE form of indirect democracy, where Recruiting Leaders: Elections — officials are elected to represent recruit individuals to manage and THE NATURE OF ELECTIONS the people’s interests. control government affairs. - Representation can involve Educating Voters: Elections - Elections are the heart of trusteeship, delegation, or provide the public with information democratic politics, where citizens resemblance. about candidates, parties, and are expected to participate. policies. - Elections are a competition for THEORIES OF REPRESENTATION Building Legitimacy: Elections office based on formal expression justify the political system and of preferences by the population. ❖ Delegate Model - Politicians act in leadership. - Almost all nations practice a manner consistent with the views elections, even those that are not and interests of the people they ELECTORAL SYSTEM democratic, to project an image of represent. An electoral system governs how elections democracy. ❖ Trustee Model - Politicians act are conducted in a state. based on their own judgment for the good of the people (Edmund SUFFRAGE: WHY DO PEOPLE VOTE? COMPETITIVE ELECTIONS Burke). - Voting is seen as a civic duty to ❖ Mandate Model - Winning influence the selection of leaders Bottom-up theory stresses the elections gives a party a popular and policy decisions. importance of competitive elections mandate to implement its policies. - Right to vote is a moral in making governments ❖ Resemblance Model - responsibility for citizens to protect accountable to the governed. Representatives must come from and determine their country’s Top-down approach views the group they represent to best future. elections as a tool for the elite to articulate their interests. - Not all eligible voters choose to express their control over the vote. population, with elections reducing popular participation to just voting FUNCTIONS OF ELECTIONS CLASSICAL THEORIES OF SUFFRAGE and encouraging obedience to the state. Building a Support Base: 1. ETHICAL THEORY - Suffrage is a Elections allow voters to support or mechanism to develop citizens' oppose candidates. potential and fulfill nationalistic THE POLITICAL PRINCIPLE OF Selecting Leaders and Policies: duties. REPRESENTATION Successful leaders are likely to be  2. LEGAL THEORY - Suffrage is a A. Anthony Downs - Voters will Religion - Religious groups, such privilege granted by the state to participate when the perceived as in the Philippines, influence the qualified citizens. benefits of voting outweigh the political choices of their members. 3. TRIBAL THEORY - Suffrage is a costs. Urban and Regional Voting: right of membership in a political B. Income and Education - Poor and Voters in different regions may entity. uneducated people are less likely have different preferences. 4. NATURAL RIGHT THEORY- to vote. Age Group - Young voters can be Suffrage is an inherent right of the C. Age and Gender - Younger people a significant group in determining people to choose their leaders. are less politically involved, and election outcomes. 5. FEUDAL THEORY - Suffrage is men tend to vote more than Gender Group - Women are determined by property ownership women. considered more conservative and or taxpayers' right to choose D. Race or Ethnicity - Minority traditional than men in some leaders. groups, such as Filipinos or African contexts. Americans, are less politically CONTEMPORARY THEORIES OF active. ELECTORAL PARTICIPATION VOTING E. Area of Residence - Urban residents typically have higher ★ Majoritarian Systems: In these - Party Identification: People vote voter turnout than rural residents. systems, large parties win a higher based on party affiliation, not proportion of seats than votes, personal factors or current political ELECTORAL PARTICIPATION encouraging single-party events. ❖ How do people vote (Roskins governments. - Sociological Model: Voting is 1997) ★ Proportional Representation: Seats influenced by social group or class Long-Term Influence are allocated based on votes, memberships. - Socio-economic categories resulting in more equal - Rational Choice Model: Voting is and party affiliation define representation. a rational act based on long-term voting self-interest. preferences. THE ROLE OF MASS MEDIA IN - Dominant Ideology Model: Voting Short-Term Influence ELECTIONS choices are influenced by - Current events or Mass media plays a critical role in ideological manipulation and affiliations may define democratic elections, with ads and control. voting choices in the short television campaigns boosting term. name recall and influencing public perception. CATEGORIES OF VOTERS Class Voting - Voting behavior is Photo opportunities and media often influenced by social class. coverage often influence voter  perceptions more than candidates' - REFERENDUM - A process where actual performance. the people approve or reject laws 1. Legislative assemblies can be Elections must be free, honest, and passed by a legislative body. unicameral (one chamber) or credible to ensure the selection of bicameral (two chambers). good political leaders. D. HOW DID THE LEGISLATURE COME 2. The Philippines adopted a TO BE? bicameral system. 3. China has a very large National CHAPTER VII ➔ In Europe, the legislative People’s Congress, while Tuvalu Legislative Assemblies assembly evolved over time, has a unicameral structure with initially under kings or small only 12 members. A. LEGISLATIVE POWER assemblies. - The legislature is the body that ➔ Germany and Britain: The ADVANTAGES OF BICAMERAL represents the people and concept of legislative bodies STRUCTURE formulates laws in democratic emerged in the early German and - The lower house serves as a more systems. British assemblies, which advised direct representative of the people. - The legislature is fundamental to kings on matters like taxation, war, - It ensures thorough deliberation of liberal democratic politics, ensuring and administration. legislation. popular representation and the ➔ France: The development of the - Prevents the concentration of mobilization of consent. French Parliament accelerated political power in one body. after the French Revolution. B. LEGISLATIVE POWER EXISTS ➔ England: Parliamentary F. FUNCTIONS OF LEGISLATIVE WHEN government emerged through a ASSEMBLIES long struggle for supremacy Legislation: Formulating laws. A bill is passed into law. between the monarchy and Deliberation: Debating laws and An existing law is replaced. representatives of the people. policies. A law is amended. ➔ Europe: Assemblies were early Constituency Work: Representing forms of representative bodies that the interests of constituents. C. LEGISLATIVE POWER IS VESTED IN later became full legislative organs. Supervision and Criticism of The Congress (bicameral in ➔ United States: Congress was Government: Holding the structure). given the right to legislate from the government accountable. The People, who make laws start. through initiative and referendum. G. PROCEDURE IN THE PASSAGE OF - INITIATIVE - Direct participation of E. BICAMERAL & UNICAMERAL A BILL INTO A LAW the electorate in law-making. STRUCTURE  1. FIRST READING - Bill is self-incrimination, right to counsel) the executive are constrained by a introduced, numbered, and titled. must be respected. constitution to avoid the rise of 2. SECOND READING - Bill is Investigations should not serve the dictatorial or authoritarian rule. presented for debate and possible personal interests of members. Executives are accountable to the amendments. public for their conduct. 3. FLOOR DEBATES - Detailed I. COMMITTEES discussions and amendments. - Committees help manage the The executive can be categorized into: 4. PRINTING AND DISTRIBUTION - workload in legislative assemblies. Final form of the bill is distributed - The influence of committees is 1. Presidential System to members. based on the experience and 2. Parliamentary System 5. THIRD READING - No further expertise of their members. 3. Semi-Presidential System amendments allowed; vote on final - In party-dominated assemblies, version. committees may be less powerful --- 6. TRANSMITTED TO OTHER but can still exert influence. HOUSE - The bill is sent to the PRESIDENTIAL SYSTEM other house for similar procedures. A Presidential System is a form of 7. JOINT BICAMERAL COMMITEE - CHAPTER VIII government where the executive (the Resolves disagreements between POLITICAL EXECUTIVE : President) is directly elected by the people the two houses. PRESIDENTIAL VS for a fixed term and is both the head of 8. APPROVAL OF CONSOLIDATED PARLIAMENTARY SYSTEMS state and head of government. The BILL - Both houses must approve President has broad authority over both the final version. THE ROLE OF THE EXECUTIVE national governance and foreign affairs. 9. SUBMISSION TO THE - The executive branch is one of the PRESIDENT - The final bill is sent core pillars of government KEY FEATURES to the President for approval or responsible for implementing and veto. enforcing laws and policies. The Separation of Powers: The executive branch is headed by a executive, legislative, and judicial H. LIMITATION ON INVESTIGATIVE President (in a Presidential branches of government are POWER system) or a Prime Minister (in a separate and function Congress can only investigate in Parliamentary system). It directs independently of each other. This aid of legislation. national affairs, manages crises, ensures a system of checks and mobilizes public support, and balances where no single branch The constitutional rights of ensures the smooth operation of becomes too powerful. individuals (e.g., against government functions. In democratic systems, the powers of  Fixed Terms: Both the President Minister is both the chief executive and and the legislature (e.g., Congress) PARLIAMENTARY SYSTEM leader of the majority in parliament. have fixed terms of office. This A Parliamentary System is a form of means the executive cannot government where the executive is drawn Monarch vs. Prime Minister dissolve the legislature (and vice from the legislature and is accountable to In a parliamentary system, there is often a versa). it. In this system, the Prime Minister is the monarch or a ceremonial president who Independence of the Executive: head of government and is elected from acts as the symbolic head of state but The President appoints the Cabinet the majority party or coalition in the holds little to no executive power. The members, who are not part of the parliament. Prime Minister is the real head of legislature and are accountable government, making decisions about directly to the President. KEY FEATURES national policy, international relations, and No Overlap Between Branches: Fusion of Powers - The executive managing the day-to-day affairs of the There is a clear distinction between (Prime Minister) and the legislature state. the executive and the legislature, are not separate but fused. The which operate independently. Prime Minister and Cabinet are chosen from the members of SEMI-PRESIDENTIAL SYSTEM parliament and must maintain the The Semi-Presidential System is a hybrid EXAMPLE: support of the legislature. of the presidential and parliamentary The United States is the most prominent No Fixed Terms for the Prime systems. This system features two example of a presidential system, and the Minister: The Prime Minister can executive leaders: the President, who is Philippine system is modeled similarly. be removed from office by a vote of directly elected by the people and often no confidence in the parliament. handles foreign policy and defense, and PRESIDENTIAL SYSTEM IN THE the Prime Minister, who is appointed by PHILIPPINES Monarch or Ceremonial Head of State: In the President but must answer to the - The Philippines adopted the many countries, such as the UK, the legislature for domestic policies. presidential system in 1935, but it monarch (or a ceremonial president) shifted temporarily to a serves as the head of state, while the KEY FEATURES semi-presidential system during Prime Minister is the head of ★ Dual Executive: There are two Martial Law (1972–1981) under government. chief executives: the President Ferdinand Marcos. The country (responsible for foreign policy) and returned to a full presidential EXAMPLE: the Prime Minister (responsible for system under the 1987 Countries like the United Kingdom, domestic governance). Constitution after the fall of Canada, India, and Australia follow the ★ Shared Power: The President has Marcos. parliamentary system, where the Prime significant powers but may rely on  the Prime Minister and the cabinet the presidential system under the 1987 ★ Judges must be neutral, avoiding to manage day-to-day governance. Constitution. any involvement in partisan ★ Accountability: The Prime politics. Minister is accountable to the ★ They are expected to promote and legislature, which can dismiss the CHAPTER IX maintain political neutrality government through a vote of no JUDICIARY throughout their service. confidence. JUDICIARY BASIC APPOINTMENT OF JUSTICES & EXAMPLE: The judicial department is the JUDGES France operates under a semi-presidential agency of the government system, where the President holds responsible for interpreting the Justices and judges must have integrity significant powers over foreign policy, laws. and unquestionable probity (moral while the Prime Minister handles domestic It is empowered to adjudicate legal soundness). issues and must have the confidence of disputes and cases brought before the legislature. it. CONSTITUTIONAL PRINCIPLES WHICH Under the Constitution, the THE JUDICIARY MUST PROMOTE & PRESIDENTIAL SYSTEM IN THE judiciary enjoys independence and PROTECT PHILIPPINES is insulated from the influences of partisan politics, meaning it is 1. JUDICIAL POWER - The Philippine presidential system separate from the executive and Judicial power refers to the authority of the is characterized by a strong legislative branches. courts to decide and pronounce judgment executive that wields significant and enforce it between the parties power over the branches of JUDGE involved in a case. government. - The chief function of a judge is to - The President is both the head of interpret and apply the law to 2. DOCTRINE OF JUDICIAL state and head of government, cases before them. SUPREMACY similar to the U.S. model. - Judges must construct the law and Judicial supremacy is the power of the apply it impartially. judiciary to define constitutional Historically, the Philippines followed a boundaries and assert superiority by presidential system from 1935, but a REQUIREMENTS FOR A JUDGE nullifying acts of the legislature or the semi-presidential system was briefly executive (or both) when they conflict with adopted under Marcos during Martial Law ★ A judge must be independent and the Constitution. (1972-1981). After the People Power non-political. Revolution in 1986, the country returned to This principle was reinforced in the case 175 SCRA 343.  actions that contradict the disputes and can restrain both the 3. JUDICIAL REVIEW Constitution. executive and the assembly. Judicial review refers to the power of the II. LEGITIMIZING - Judicial review The court is often subject to courts to test the validity of legislative or can also uphold the validity of laws, political influence, with party executive acts and ensure their conformity especially when cases challenging affiliation playing a significant role with the Constitution. their validity are dismissed. in appointments. Members are III. SYMBOLIC - Judicial review appointed by the President of the Judicial review does not assert superiority educates both the bench (judges) Senate, President of the National of the courts over other branches but and the bar (lawyers) regarding the Assembly, and the President of the emphasizes the supremacy of the controlling principles and concepts Executive. Constitution. that affect matters of grave public importance. JAPAN In Japan, the Supreme Court is REQUISITES OF JUDICIAL REVIEW APPOINTEES & ROLES OF JUDGES appointed by the Cabinet, with high judges being nominated by the For judicial review to be exercised, the PHILIPPINES Emperor upon the Cabinet's following conditions must be met: Judges hold office until they recommendation. reach the age of 70, provided they ➔ There must be an actual case or maintain good behavior or are not EUROPE controversy — a genuine conflict of incapacitated. An error in judgment In most European countries, legal rights. is not considered a breach of good judges are professional civil ➔ The proper party must raise behavior. servants, and they are protected by constitutional questions. The President appoints Supreme bureaucratic traditions from ➔ The constitutional questions must Court justices based on political pressure. be raised at the earliest recommendations from the Judicial opportunity. & Bar Council. While the law UNITED STATES (U.S) ➔ The determination of the outlines qualifications for justices, Federal judges are appointed by constitutionality of a statute must the President as the appointing the President, with approval from be necessary for resolving the authority has the discretion to the Senate. Once appointed, their case at hand. choose those with whom they can positions are for life, which ensures work effectively. that they cannot be threatened with FUNCTIONS OF JUDICIAL REVIEW expulsion for unpopular decisions. I. CHECKING - Judicial review FRANCE invalidates laws or executive The Constitutional Court in France is empowered to resolve all legal IN MOST DEMOCRACIES Spirit over Letter serve as a model for organizing public Judges in many democratic The spirit of the law takes precedence administration. While this system is systems impose meaning on the over the letter of the law. Justice and essential in democratic governance, it law through a process of equity should guide the application and often faces criticism for red tape and construction or interpretation. They interpretation of laws. inefficiency. Frictions may arise between determine how the law should be elected officials who seek change and applied in specific cases by career bureaucrats who prefer stability choosing among several possible CHAPTER X based on past experiences. interpretations. BUREAUCRACY AND THE PUBLIC SECTOR RULES GOVERNING THE MODERN CONCEPT OF CONSTRUCTION OF LAWS THE NATURE OF BUREAUCRACY BUREAUCRACY The main rules for the construction and Bureaucracy refers to the administrative According to Albrow in Heywoods (2001), interpretation of laws include: machinery of the state composed of public bureaucracy is viewed as: officials and civil servants. It is an Intent and Purpose organizational structure designed to A rational organization - The primary rule is to interpret the ensure efficiency and effectiveness in An administration by officials law in a way that gives effect to the implementing policies and providing social A public administration system actual intent and purpose of the services. aimed at efficiency and law as written by the competent effectiveness. authority. The term "bureaucracy" comes from the - The intent of the law should be French word bureau (meaning "desk") It is often criticized for organizational generally accepted by the people and the Greek word kratos (meaning inefficiencies but remains a central feature who ratified it. "rule"). Thus, bureaucracy is "rule by of modern society and governance. officials", emphasizing the importance of Holistic Construction a structured, hierarchical system in Goodnow and Wilson emphasize a - The Constitution must be governance. merit-based recruitment system in the interpreted as a whole, not in public administration. The Pendleton Act isolated parts or phrases. All parts BUREAUCRACY AS CIVIL SERVICE of 1883 was pivotal in establishing the of the law must be considered in Civil service refers to the permanent Civil Service Commission, which was context. government, distinct from elected officials designed to employ government officials (who make up the temporary government). based on merit and avoid patronage Bureaucrats, or civil servants, remain in politics. office through changes in leadership and PUBLIC ADMINISTRATION AS Bureaucracy serves as a tool for FUNCTIONS OF BUREAUCRACY WEBERIAN BUREAUCRACY: the bourgeoisie to preserve capitalist interests and power. A. Administration - Coordinating and The Weberian model of bureaucracy executing government policies. includes the following characteristics: ➔ New Right or Government B. Regulations and Licensing - Oversupply Model (William Ensuring public safety and Hierarchical structure Niskanen): maintaining standards through Authority flows from top to bottom, with Bureaucrats are driven by regulation. each level supervised by higher officials. self-interest and expand their agencies for C. Political Stability - Providing Specialization career benefits. continuity and stability within the Each position is based on expertise and political system. competence. ORGANIZATION OF BUREAUCRACY D. Advisory Roles - Offering policy Impersonality ★ DEPARTMENT - An administrative advice and information to Authority is based on rules rather than unit controlled by a minister. government officials. personal relationships. ★ DIVISION - Operating units within Merit-based recruitment departments responsible for policy Civil servants are hired based on merit formulation and implementation. THE ISSUE OF ACCOUNTABILITY and qualifications. ★ NON-FUNDAMENTAL PUBLIC Strict regulations BODY - Semi-independent bodies Bureaucrats, being unelected officials, are Bureaucratic rules ensure consistency and offering management flexibility and not directly accountable to the public in the minimize personal discretion. political independence. same way elected officials are. However, Public trust accountability is still a crucial issue: Bureaucratic positions are held as a public THE CASE OF QUANGOS trust. Quangos (quasi-autonomous Internal Control - Includes non-governmental organizations) are ministerial oversight, regulation, and THEORIES OF BUREAUCRACY independent bodies that provide expert competition between departments. decision-making outside political control. External Control - Public scrutiny, ➔ Liberal or Rational Administrative media criticism, judicial oversight, and Model (Weber): EXAMPLE: pressures from bodies like the Efficiency is achieved ESRC (Economic and Social Research Ombudsman. through a professional civil service Council) funds research without political with a hierarchical structure interference. ➔ Conservative or Power Bloc Model (Karl Marx): CIVIL SERVICE IN THE PHILIPPINES PRIME DUTY OF PUBLIC OFFICERS OMBUDSMAN AND EMPLOYEES The Ombudsman plays a role in ensuring - In the Philippines, the civil service bureaucratic accountability and may comprises all government All officers must take an oath of office to investigate corruption or misconduct within employees. uphold and defend the Constitution (Art the civil service. - The Civil Service Commission IX-B, Sec. 4). (CSC) oversees employment THE CULTURE OF CORRUPTION based on merit through competitive Corruption arises when public officials fail exams. PROHIBITION ON DOUBLE to perform their duties properly due to the COMPENSATION pursuit of personal gain. Article 9, Section 1 of the Constitution outlines the civil service framework. Public officers and employees cannot receive double compensation, accept CHAPTER XI presents from foreign governments, or LOCAL GOVERNMENTS APPOINTMENT IN CIVIL SERVICE take on additional office titles or COMMISSION emoluments while in government service. THE NATURE OF LOCAL GOVERNMENTS Appointments in the civil service CATEGORIES OF CIVIL SERVICE Local governments manage specific areas are based on merit, determined by like towns, provinces, or barangays. They competitive exams. ❖ Career Service derive authority from higher levels of Exemptions from civil service Entry through merit-based exams. government and handle local affairs and exams: services. Policy-determining positions for ❖ Non-Career Service those with decision-making Appointed for temporary positions based THEORIES ON THE NATURE OF LOCAL expertise. on specific qualifications or government GOVERNMENT Highly technical roles for needs. individuals with specialized skills. ★ Historical Theory - Decentralization Confidential positions that require EXCEPTION ON NEPOTISM is a natural right for local close personal trust and discretion. Nepotism (appointment of relatives) is communities to govern themselves. prohibited within the civil service, except ★ Legal Theory - Strong for certain positions (e.g., teachers, centralization ensures effective physicians, confidential roles) or members coordination of services and of the AFP (Armed Forces of the resources across varying --- Philippines). communities.  4. Traditional Model: ★ Competence Theory - Local ❖ DEVOLUTION - The transfer of Local systems where chieftains hold governments must earn their political power from central to local executive, legislative, and judicial powers existence through effective governments, granting more in more autocratic structures. governance. Failure to perform autonomy. means a denial of self-government. ❖ DECONCENTRATION - Functions are assigned to regional bodies or TWO-TIER AND MULTIPLE-TIER authorities for local development. SYSTEM PURPOSE OF LOCAL GOVERNMENT Local governments are law-created LOCAL GOVERNMENTS IN THE NEW France (Two-Tier) - Simple system entities designed to manage local affairs WORLD but can be inefficient due to large and provide services, including taxation. local units. They are essential for democratic In the New World (e.g., US, Canada, Philippines (Multiple-Tier) - governance and addressing local needs. Australia), local governments focus on Features provinces, cities, infrastructure services and basic municipalities, and barangays, amenities. encouraging democratic CHARACTERISTICS OF LOCAL participation. GOVERNMENT THE OLD WORLD In European countries, local governments LOCAL AUTONOMY - Defined territorial boundaries with have a more integrated role and stronger political jurisdiction. coordination with central governments. Refers to the independence of local - Non-sovereign entities with governments to manage their own affairs, authority for local governance. PATTERNS OF LOCAL GOVERNMENT addressing community needs while - Continuous organizations with a promoting local development. stable population. 1. English Model (Anglo-Saxon): - Municipal corporations with legal Local governments play a major REASONS FOR THE CREATION OF powers to self-administer. role in community organizing and LOCAL GOVERNMENTS economic growth. - Local governments offer DECENTRALIZATION, DEVOLUTION, 2. Soviet Model (1917 Revolution): administrative convenience for AND DECONCENTRATION Hierarchical yet decentralized local more effective service delivery. governance with multiple - They are closer to the people, ❖ DECENTRALIZATION - The administrative levels. improving accountability and dispersal of authority from the 3. French Model (Napoleonic Age): responsiveness. central government to regional or Centralized governance with executive local bodies. dominance and legislative subordination.  - They serve as partners in in 1926, later expanded to Black community development and History Month in 1976 growth. 2. President Gerald Ford officially recognized Black History Month in 1976. RELATIONSHIP WITH THE CENTER 3. Black History Month is celebrated in Canada, Ireland, The DUAL SYSTEM Netherlands, and the UK. Local governments have independent authority but cooperate horizontally with KEY PEOPLE central governments. ★ Bayard Rustin: A civil rights FUSED SYSTEM leader and advisor to Martin Luther Central and local governments form a King, he organized the 1963 March single authority, sharing power and on Washington. responsibility. ★ Jesse Owens: An American track and field athlete, Owens won four LOCAL GOVERNMENTS IN THE gold medals in the 1936 Berlin PHILIPPINES Olympics, defying Nazi racial Local Government Code of 1991 ideology. (RA 7160) formally established ★ Zora Neale Hurston: A renowned local governance. author, anthropologist, and Article X of the 1987 Constitution filmmaker, Hurston is best known defines the roles and powers of for her novel Their Eyes Were Local Government Units (LGUs). Watching God (1937). The President has general supervision over LGUs, while revenue and taxing powers are granted to local governments. INTERESTING FACTS ABOUT BLACK HISTORY MONTH: 1. Carter G. Woodson started the celebration of Black History Week