SSE 304 - Gov and Politics.pdf

SSE 304: COMPARATIVE GOVERNMENT AND POLITICS 1st Semester A.Y. 2024-2025 A. Nature and Scope of Comparative Government and Politics 1. The Study of Comparative Government and Politics Government and Politics Government Defined - Government refers to the people with the aut...

SSE 304: COMPARATIVE GOVERNMENT AND POLITICS 1st Semester A.Y. 2024-2025 A. Nature and Scope of Comparative Government and Politics 1. The Study of Comparative Government and Politics Government and Politics Government Defined - Government refers to the people with the authority to govern a country or state at a given time. The main function of a government includes enforcing existing laws, legislating new laws, and arbitrating conflicts. - Governments can exist at the national, regional, and local levels, but local and local governments are subordinate to the national government. The government is in charge of introducing and administering laws for a country and the people. The executive and legislative powers of a government rest with the government. - The comparative study of politics and government examines political institutions - from constitutions to executives to parliaments to parties to electoral laws - and the processes and relationships that account for stability and change in political economy, culture, conflict, government, rights, and public policy. Politics Defined - Politics are activities associated with the governance of a country or state. To be precise, politics refers to the process used by the government to govern the country. Thus, there is an inherent relation between politics and government. - Politics can also refer to achieving and exercising positions of governance or organized control over a human community, particularly a state. Political science studies the distribution of power and resources within a given community and the interrelationship between that community. - The term politics can also be used in other fields such as trade, business, education, etc. Here, politics mainly refers to the power structure within these fields. Main Difference – Government vs Politics - Government and politics are two interrelated terms in social science. Government refers to a group of authorized people who govern a country or state at a given time. Politics refers to the process used by the government to govern the country or state. 2. Meaning of State, Nation, Sovereignty - A state is defined as a territory with its own government and borders within a larger country. ▪ Merriam-Webster Dictionary - A state is an organized political community acting under a government. States may be classified as  sovereign if they are not dependent on, or subject to, any other power or state. - A state is a community formed by people exercising permanent power within a specified territory. - According to international law, a state is typically defined as being based on the 1933 Montevideo Convention. According to Article 1 of the Convention, the state of international law should possess the following qualifications: a. Permanent population b. Defined territory c. Government d. Capacity to enter relations with other states. - A nation is a human group conscious of forming a community, sharing a common culture, attached to a demarcated territory, having a common past and a common project for the future, and claiming the right to rule itself. So awareness, territory, history, culture, language, and religion all matter. Guibernau (1996) - A nation consists of a distinct population of people bound together by a common culture, history, and tradition and typically concentrated within a specific geographic region. For example, all Jewish people comprise the Jewish nation, and different  tribes of Native Americans are considered nations, such as the Lakota. Not all nations have States. While the Jewish nation is not a State, Israel is a State. On the other hand, the Lakota nation does not have a State of its own. - Sovereignty is a term that is used to refer to the independence and autonomy of modern nation- states. Sovereignty means that nation-states are free to decide for themselves about the kind of democracy they want, the kind of rulers they want, and their policies internally and externally. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, recognized as having authority. - Alain de Benoist THE INHERENT POWERS OF THE STATE a. Power of Taxation b. Police Power c. Power of Eminent Domain Inherent defined: As being inherent, it means that as long as the state exists, this power can never be taken away.  A. Power of Taxation – An inherent power of the state exercised through the legislature to impose burdens upon subjects and objects within its jurisdiction to raise revenues to carry out the legitimate objects of the government. Nature: The inherent power of the state is exercised through the legislature. Scope: To impose burdens upon subjects and objects within its jurisdiction. Purpose: For raising revenue to carry out the legitimate objectives of the government Revenue Objective: To build a just and humane society and establish a government under certain ideals and aspirations. Sumptuary Objective – It is an implementation of the state's police power for regulatory purposes. In this case, it is used in furtherance of any government objective either as an incentive or deterrence. As an implement, the generation of revenue is merely incidental or in furtherance thereof. (Lutz v. Araneta, 98 Phil 148). (Sumptuary- To prevent extravagance or luxury) Compensatory Objective – For social justice purposes or other purposes or other legitimate objectives of the state, to realize social justice, equitable distribution of wealth, economic progress, and other similar objectives (Southern Cross Cement Corp. v. Cement Manufacturers Assoc. of the Phils, GR 158540) B. Police Power – 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. Basis: This power is based on the legal maxim “salus populi est suprema lex” (the voice of the people is the supreme law). Every citizen of every community in a civilized society must bear certain burdens imposed for the good of all. Note: No right is absolute in the face of the common good. Nature: Police power is an attribute of sovereignty and is founded on the obligation of the State to provide protection for its citizens and the safety and good order of society. Scope: Police power is founded on which our social system rests and has for its object the improvement of social and economic conditions affecting the community. It depends on the security of the social order, life and health of citizens, comfort and existence in a thickly populated community, enjoyment of social life, and beneficial use of the property. Requisites: 1. Interest of the public in general, not that of a particular class 2. Means used are reasonably necessary for the purpose and not unduly oppressive upon individuals. C. Power of Eminent Domain – This is the right of the State to acquire private property for public use upon payment of just compensation and observance of due process. Basis: It is based on genuine necessity, and that necessity must be public. It must be reasonable and practicable. It would greatly benefit the public with the least inconvenience and expense to the condemning party and property owner consistent with such benefit. Requisites: 1. There must be taking of public property 2. It must be for public use 3. There must be just compensation 4. Due process of law must be observed in taking the property  THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE II ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES: Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people, and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3. Civilian authority is always supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State, and in the fulfillment thereof, all citizens may be required to render personal, military, or civil service under conditions provided by law. Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of general welfare are essential for the enjoyment by all the people of the blessings of democracy.