Notes in Political Law
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TeacherEliNotes in Political Law
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TeacherEliSovereignty is the supreme and uncontrollable power inherent in the State by which the
state is governed.
Two kinds of sovereignty:
1. Legal Sovereignty — authority which has the power to issue final commands
2. Political Sovereignty — power behind the legal sovereign, or the sum total of all the
influences that operate upon it
State Immunity
General Rule: The State cannot be sued without its consent Its purpose is to prevent the concentration of authority in one person or group of persons
Exception: When the State consents to be sued. that might lead to irreparable error or abuse in its exercise to the detriment of republican
How consent is given: institutions (Pangasinan Transportation Co. v. Public Service Commission, June 26, 1940).
1. Express a. Through general law; or
Principle of Checks and Balances
b. Through special law The Constitution has provided for an elaborate system of checks and balances to secure
2. Implied a. When the State enter into business contracts with individuals (performing coordination in the workings of the various departments of the government. For example,
proprietary functions); the Chief Executive under our Constitution is so far made a check on the legislative power
b. When the State commences litigation and becomes vulnerable to counterclaim; that this assent is required in the enactment of laws. (Angara v. Electoral Commission, July
c. When it would be inequitable for the State to invoke immunity; and 15, 1936)
d. In eminent domain cases
Suability does not necessarily mean liability on the part of the particular instrumentality or
agency of the government. When the State gives its consent to be sued, it does not thereby
necessarily consent to an unrestrained execution against it. Tersely put, when the State
waives its immunity, all it does, in effect, is to give the other party an opportunity to prove,
if it can, that the State has a liability. Disbursements of public funds must be covered by
the corresponding appropriation as required by law.
Separation of Powers