introduction to political law

7/29/2019 Introduction to Political Law

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PS 100

Political Science

&

Philippine Constitution

Mr. Antonio C. Cayetano, B.S.Ed., LL.B., M.A.

POLITICAL SCIENCE 100

Politics & Philippine Constitution


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INTRODUCTION

POLITICAL SCIENCE

- Political = Gk. :polis city or state. Science = Lat. : scireto know. Political Science is the to know the city or state.

- The systematic study of the State and all its elements and

their relationship.

- It is concerned with the association of human beings into abody politic or a political community (one organized

under government and law).

- It deals with those: 1) relations among men and groupswhich are subject to control by the State; 2) relations ofmen and groups to the State itself; and 3) relations of theState to other States.

CONCEPT OF POLITICAL SCIENCE & POLITICS


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POLITICS

- The art of decision making.

- The art or science of government concernedwith the proper management of the affairs of

society.

CONCEPT OF POLITICAL SCIENCE & POLITICS


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1. Political Theory deals with the study of theState through a systematic body of principlesrelating to the origin, form, behavior, and

purposes of the State, and upon which itspolitical system operates.

2. Political Dynamics focuses on forces at

work in government and politics and coverspressure or interest groups, public opinionand propaganda and political parties.

SCOPE OF POLITICAL SCIENCE


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INTRODUCTION

3. Foreign Relations/International Relations involvesinquiries into the foreign policy of nation-states intheir mutual relationships on the different forces geographical, technological, economic,

psychological and political which contribute to theshaping of such policy.

4. Government deals with the study of governmentset up of a State on both national and local levels,

and covers the State constitution, laws, citizenship,structures of the various levels of government, theelection process, the judicial system, politicalparties, interest groups, foreign affairs, etc.



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5. Comparative Government seeks to study thesimilarities and differences among States as regardstheir executive, legislative, and judicial bodies, theirconstitutions, laws, administrative organizations,

foreign policies, political parties and processes,economic, social and political functions, and theircultures and traditions.

6. International Law refers to the body of generallyaccepted principles that governs the relationshipbetween and regulates the conduct of nation-states.



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INTRODUCTION

7. Constitution seeks to study the growth anddevelopment, roles and functions of the organic lawof the State.

8. Public Administration focuses upon the methodsand techniques used in the actual management ofState affairs by executive, legislative, and judicialbranches of government.

9. Public Law deals with the organization ofgovernments, the limitations upon governmentauthority, the powers and duties of governmentaloffices and officers and the obligations of one Stateto another.



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1. Political Philosophy expresses the moral or ethicalstandards that governments may adopt to run publicaffairs.

2. Political Ideology refers to a belief system thatexplains and justifies a preferred political order forsociety, either existing or proposed, and offers

strategy (processes, institutions, programs) for itsattainment.

KINDS OF POLITICAL THEORY


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1. Political Law deals with the organization and operationof the governmental organs of the State and defines therelations of the State with the inhabitants of its territory.(Macariola vs. Asuncion, 114 SCRA 77).

2. Constitutional Law the law embodied in the Constitutionas well as the principles growing out of the interpretationand application made by the courts, particularly theSupreme Court being the court of last resort, of theprovisions of the Constitution in specific cases.

3. Administrative Law fixes the organization ofgovernment, determines the competence of theauthorities that execute the law, and indicates to theindividual the remedies for the violation of his rights.

KINDS OF PUBLIC LAW


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4. Law on Public Corporation

deals with the study of such public

corporations as barangays, municipalities, cities and/or chartered

cities and provinces as well as such quasi-public corporations as the

government-owned and controlled corporations.

5. Law on Public Offices and Officers

deals with the public office, itscreation, modification and dissolution and, the eligibility, manner of

election or appointment and assumption of office, rights, duties,

powers, inhibitions, liabilities, and the modes of terminating the

official relations of public officers.

6. Election Law

deals with the study of the means by which the peoplechoose their officials to whom, for definite and fixed periods, they

entrust for the time being, as their representatives, the exercise of

the fundamental powers of government.

KINDS OF PUBLIC LAW


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INTERRELATIONSHIP WITH OTHER BRANCHES OF LEARNING

Branches of Learning Political Science

History

- presents history as past politics.- uses knowledge of the past as

it seeks to interpret presentand probable developments inpolitical phenomena

Economics

- focuses on the study of the production,distribution, conservation, and consumption ofwealth.

- regularly adopts an economicapproach in seeking tointerpret such matters asfinancial policies andgovernment regulation ofbusiness.

Geography/Geopolitics

- deals with the study of physical factors such aspopulation pressures, sources of raw materials,etc. upon domestic and foreign politics.

- adopts in seeking to explainthe growth and developmentof political phenomena likedemocratic and authoritariangovernments.


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INTRODUCTION



Sociology/Anthropology

- focuses on the origins and nature of socialcontrol and governmental authority with theabiding influences of race and culture upon

society, and with the patterns of collectivehuman behavior.

- uses the findings ofsociologists andanthropologists on crime,marital relations problems,

juvenile delinquency, housingproblems, etc. in aid oflawmaking and policy making.

Psychology

- provides a well-spring of knowledge topolitical scientists in knowing how man actsand behaves to achieve popular esteem throughthe successful exercise of political leadershipor the attainment of political power.

- uses the theories andprinciples of psychology in

dealing with public opinion,pressure groups, andpropaganda.


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Philosophy

- provides theories about the origin of State,individualism, democracy, communism, theseparation of governmental powers, and

many others.

- Uses the different philosophicalconcepts in explaining politicalphenomena.

Statistics and Logic

- provides statistical procedures for thequantitative measurement of politicalphenomena and of logical procedures for theanalysis of reasoning.

- ensures the proper applicationof statistical procedures for thequantitative measurement ofpolitical phenomena and oflogical procedures for the

analysis of reasoning.Jurisprudence

- provides analysis of existing legal systems,and with the ethical, historical, sociological,and psychological foundations of law.

- integrates legal and extra-legalviewpoints to maintain a fullunderstanding of the facts ofpolitical life.


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1. To discover principles that should be adhered to inpublic affairs.

2. To study the operations of government in order todemonstrate what is good, to criticize what is bad orinefficient, and to suggest improvements.

3. To utilize its insights for constitution-making,

legislation, law enforcement, resolution of conflictingclaims and interests, and responding to matters ofpublic concern.

FUNCTIONS AND IMPORTANCE OF POLITCAL SCIENCE


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GOALS IN THE STUDY OF POLITCAL SCIENCE

1. Education for Citizenship.

Productive, pro-active citizens

Career preparation

2. Essential parts of Liberal Education. Liberation from: ignorance, mediocrity and passivity

Maxim: eternal vigilance is the price of liberty.

: requires: study, information, understanding:

government and politics3. Knowledge and understanding of Government.

a condition sine qua non for responsible citizenshipand social responsibility.


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INTRODUCTION

CONCEPT OF STATE

STATE

A community of persons more or less numerous,permanently occupying a definite portion of

territory, having a government of their own towhich the great body of inhabitants render

obedience and enjoying freedom from externalcontrol.


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1. PEOPLE. They are the inhabitants of the State.

2. TERRITORY. It is a fixed portion in the surface of theearth.

3. GOVERNMENT. It is an agency through which the will ofthe State is formulated, expressed and carried out.

4. SOVEREIGNTY. It is the supreme power to command andenforce obedience to its will from the people within its

jurisdiction and corollarily, to have freedom from foreigncontrol.

5. RECOGNITION. It is an act of one State to recognize thelegitimacy of government of another States.

ELEMENTS OF STATE


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1. THE EXECUTIVE DEPARTMENT. The law-enforcingbody which executes, implements and administerslaws.

2. THE LEGISLATIVE DEPARTMENT. The law-makingbody which enacts laws and repeal the same.

3. THE JUDICIARY. The law-interpreting body which

interprets and applies the provisions of law in aspecific controversy, or which hears and decide acase.

THE THREE BRANCHES OF GOVERNMENT


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1. INTERNAL SOVEREIGNTY. The power of theState to rule within its territory.

2. EXTERNAL SOVEREIGNTY. The power of theState to carry out its activities withoutsubjection to or control by other States.

TWO MANIFESTATIONS OF SOVEREIGNTY


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1. THE EXECUTIVE POWER. The power to execute,implement and administer laws.

2. THE LEGISLATIVE POWER. The power to enact lawsand repeal the same.

3. THE JUDICIAL POWER. The power to interpret andapply the provisions of law in a specific controversy,

and the power to hear and decide a case.

THE THREE FUNDAMENTAL POWERS OF GOVERNMENT


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1. POLICE POWER. The power to enact laws for thepromotion of public safety and order, public health,public morals, education and general welfare.

2. TAXATION POWER. The power to exact proportionalcontribution from the people to defray the cost ofgovernmental expenditures.

3. POWER OF EMINENT DOMAIN. The power to takeprivate property for public use upon payment of justcompensation.

THE THREE INHERENT POWERS OF THE STATE


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1. DIVINE RIGHT THEORY. The state is a divine creation andthe ruler is ordained by God to rule the people.

2. FORCED / NECESSITY THEORY. The State must have been

created through force, by some great warriors whoimposed their will upon the weak.

3. PATERNALISTIC THEORY. The State evolves or emergesfrom the family, clan tribe, nation and State.

4. SOCIAL CONTRACT THEORY. The State is created by thevoluntary and deliberate act of people to form society fortheir mutual benefit and protection.

THEORIES IN THE ORIGIN OF STATE


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A. AS TO THE NUMBER OF PERSONS EXERCISING THEPOWERS OF SOVEREIGNTY

1. MONARCHY. The fundamental powers of the

government are exercised by one single person. InABSOLUTE MONARCHY, the monarch rules by divineright. In LIMITED MONARCHY, the monarch rules inaccordance with a Constitution.

2. ARISTOCRACY. The fundamental powers of thegovernment or political powers are exercised by aprivileged class.

FORMS OF GOVERNMENT


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A. AS TO THE NUMBER OF PERSONS EXERCISING THE POWERSOF SOVEREIGNTY

3. DEMOCRACY. The fundamental powers of government are

exercised by a majority of the people.

a. DIRECT/PURE DEMOCRACY the will of the STATE isformulated or expressed directly and immediately throughthe people in a mass meeting or primary assembly.

b. INDIRECT/REPRESENTATIVE/REPUBLICAN DEMOCRACY the will of the STATE is formulated and expressedthrough the agency of a relatively small and select body ofpersons chosen by the people to act as theirrepresentatives.

FORMS OF GOVERNMENT


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B. AS TO THE EXTENT OF POWERS EXERCISED BY THE CENTRALOR NATIONAL GOVERNMENT

1. UNITARY GOVERNMENT the central or national government

exercises the control of national and local affairs.

2. FEDERAL GOVERNMENT the powers of government aredivided between two sets of organs, one for national affairsand the other for local affairs, each organ being supremewithin its own sphere.

FORMS OF GOVERNMENT


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C. AS TO THE RELATIONSHIP BETWEEN THE EXECUTIVE ANDLEGISLATIVE BRANCHES OF GOVERNMENT.

1. PARLIAMENTARY GOVERNMENT the executive leadership iscomposed of leading members of the legislature.

2. PRESIDENTIAL GOVERNMENT the Executive isconstitutionally independent of the legislature as regards his

tenure and his policies and acts.

FORMS OF GOVERNMENT


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C. AS TO ITS LEGITIMACY.

1. DE FACTO GOVERNMENT a government that has not sufficientlydemonstrated its compliance with the conditions set forth by theCommunity of Nations for the Recognition of a State.

2. DE JURE GOVERNMENT a government that sufficientlydemonstrated its compliance with the following conditions set forthby the Community of Nations for the RECOGNITION OF A STATE:

a. The Government has control of the administrative machinery ofthe State.

b. The Government has popular acquiescence.c. The Government is willing and able to comply with its

international obligations.

FORMS OF GOVERNMENT


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CONSTITUTION

CONSTITUTION refers to that body of rules and principles inaccordance with which the powers of sovereignty are regularlyexercised.

CONSTITUTION OF THE PHILIPPINES

CONSTITUTION OF THE PHILIPPINES may be defined as thatwritten instrument by which:

The fundamental powers of government are established, limited,and defined; and

These powers are distributed among the several departments orbranches for their safe and useful exercise for the benefit of thepeople.

CONCEPT OF CONSTITUTION


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1. SERVES AS THE SUPREME OR FUNDAMENTAL LAW.

THE HIGHEST LEVEL IN THE HIERARCHY OF LAWS. ALL OTHER LAWS MUST CONFORM TO IT. THE TEST OF THE LEGALITY OF ALL GOVERNMENTAL ACTIONS.

2. ESTABLISHES BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OFGOVERNMENT.

AN ORGANIC LAW UPON WHICH GOVERNMENTS EXISTENCE ISBASED.

IT PRESCRIBES THE PERMANENT FRAMEWORK OF THE SYSTEM OFGOVERNMENT.

IT ASSIGNS TO THE DIFFERENT DEPARTMENTS THEIR RESPECTIVEPOWERS AND DUTIES.

IT ESTABLISHES CERTAIN BASIC PRINCIPLES ON WHICH THEGOVERNMENT IS FOUNDED.

IT PRESERVES AND PROTECTS THE RIGHTS OF INDIVIDUALS AGAINSTTHE ARBITRARY ACTIONS OF THOSE IN AUTHORITY.

NATURE & PURPOSE OR FUNCTION OF CONSTITUTION


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CONSTITUTIONAL LAW

CONSTITUTIONAL LAW.

It may be defined as that branch of public law which treats ofconstitutions, their nature, formation, amendment, and

interpretation.

It refers to the law embodied in the Constitution as well as theprinciples growing out of the interpretation and application madeby the courts (particularly the Supreme Court, being the court oflast resort) of the provisions of the Constitution in specific cases.

ROLE OF CONSTITUTIONAL LAW

To effect an equilibrium between authority and liberty so that rightsare exercised within the framework of the law and laws are enactedwith due reference to rights.

MEANING OF CONSTITUTIONAL LAW


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A. AS TO THEIR ORIGIN AND HISTORY.

1. CONVENTIONAL OR ENACTED. One which is enacted by a constituentassembly or granted by a monarch to his subjects like the Constitutionof Japan in 1889.

2. CUMULATIVE OR EVLOVED. One which is a product of growth or longperiod of development originating in customs, traditions, judicialdecisions, etc., rather than from a deliberate and formal enactment.

B. AS TO THEIR FORM.

1. WRITTEN. One which has been given definite written form at a particulartime, usually by a specially constituted authority called a constitutional

convention.

2. UNWRITTEN. One which is entirely the product of political evolution,consisting largely of a mass of customs, usages and judicial decisionstogether with a smaller body of statutory enactments of a fundamentalcharacter, usually bearing different dates.

KINDS OF CONSTITUTION


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C. AS TO MANNER OF AMENDING THEM

1. RIGID OR INELASTIC. One regarded as a document of specialsanctity which cannot be amended or altered except by some specialmachinery more cumbrous than the ordinary legislative process

2. FLEXIBLE OR ELASTIC. One which possesses no higher legalauthority than ordinary laws and which may be altered in the sameway as other laws.

The Philippine constitution may be classified asconventional or enacted, written, and rigid or inelastic. Itwas drafted by an appointive body called ConstitutionalCommission.

KINDS OF CONSTITUTION


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ADVANTAGES & DISADVANTAGES OF A WRITTEN CONSTITUTION

ADVANTAGES DISADVANTAGES

Clearness and definiteness insofar

as it is prepared with great care and

deliberation.

It cannot be easily bent or twisted bythe legislature or the courts to meet

the temporary fancies of the

moment.

The protection it affords and the

rights it guarantees are apt to be

more secure.

It is more stable and free from all

dangers of temporary popular

passion.

It is difficult to be amended.

It prevents the immediate

introduction of needed changes.

It hinders the healthy growth and

progress of the State.


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AS TO FORM

1. BRIEF. It only outlines the structure of the government ofthe whole State and the rights of the citizens.

2. BROAD. It is a comprehensive statement of the powers andfunctions of government, and of the relations between thegoverning body and the governed.

3. DEFINITE. In order to ensure easy and clear interpretationand application of its provisions to concrete situations.

REQUISITES OF A GOOD WRITTEN CONSTITUTION


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AS TO CONTENTS

1. CONSTITUTION OF GOVERNMENT. It deals with theframework of government and its powers and defines theelectorate as well.

2. CONSTITUTION OF LIBERTY. It sets forth the fundamentalrights of the people and imposes certain limitations on thepowers of government as a means of securing theenjoyment of these rights.

3. CONSTITUTION OF SOVEREIGNTY. It points out the modeor procedure for the amendment or revision of theConstitution.

REQUISITES OF A GOOD WRITTEN CONSTITUTION


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CONSTITUTION DISTINGUISHED FROM STATUTE

CONSTITUTION STATUTE

A legislation direct from the people

It merely states the general

framework of the law and the

government.

It is intended not merely to meet

existing conditions but to govern the

future.

It is the supreme or fundamental law

of the State.

A legislation from the peoples

representatives.

It provides the details of the subject

of which it treats.

It is intended primarily to meet

existing conditions only.

It must conform to the provisions and

intent of the Constitution.


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1. PRIVATE INDIVIDUAL.

One may interpret or ascertain the meaning of a particularprovisions of the Constitution.

Such interpretation may govern his own actions and guide

him in his dealings with other persons.

2. THE JUDICIARY (COURTS)

Final decisions are binding on all departments or organs ofgovernment, including the legislature.

It construes/interprets the applicable constitutional provisionsnot in accordance with how the executive or legislativedepartment may want them construed or interpreted, but inaccordance with what said provisions say and provide.

AUTHORITY TO INTERPRET THE CONSTITUTION


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2. THE JUDICIARY (COURTS)

Constitutional or Political Questions - are those questionswhich, under the Constitution, are to be decided by the peoplein their sovereign capacity, or in regard to which full

discretionary authority has been delegated to the legislatureor executive branch of the government.

They are beyond the power of the Judiciary.

For example: The determination of the President as to whichforeign government is to be recognized by thePhilippines.

AUTHORITY TO INTERPRET THE CONSTITUTION

introduction to political law

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