Lecture On Poligov

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Political Science - the study of the phenomena of

the state and government; social science


concerned with the description and analysis of
the political and governmental institutions and
processes. (Real Definition),

derived from the Greek word “Polis” which means


“a city” and the Latin word “Scire” which means “
to know or to discover” (Etymological Definition)

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Current Fields of Study of Political Science:

Comparative Politics – comparison of the different


forms of government in different settings.

International Relations – focuses on the study of


the dynamics of relations between states and
more recently on transnational crimes and issues
such as environment, human trafficking, trade,
social movements, and labor like co-operatives or
preventing terrorism.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Political Psychology – Political elites and
political behavior and the interplay
between them, is studied in this field of
political science.

Political Theory – involves the study of


normative questions of government,
ideology, regimes, movements, and the
history of political philosophy.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Relationship of Political Science with other Disciplines:

Political Science and History – Political studies are authoritative and


safer when supported with historical facts. The past is the foundation
of the present politics and will be of the future.

Political Science and Economics – the two is interrelated because it is


imperative to also study economic conditions of the state. Everything
will boil down to economics. The problem of the country is how to be
economically progressive in order to sustain its citizenry.

Political Science and Sociology – there is a reciprocal relationship


between the two because of the fact that social problems and issues
are more often than not, also problems of government.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Political Science and Psychology – The
relationship of this is best explained and
appreciated in the study of the public opinion
and mob behavior.

Political Science and Anthropology – this can be


best determined through the application of the
Anthropological theories of the state stating that
the state evolved from a family first then into a
clan then into a more and bigger and much
extensive groups. Finally a nation bound by
common ideas and goals.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Political Science and Geography – Issues
pertaining to external political problems,
boundaries, trade relations and the like are best
resolved with the knowledge of geography.

Political Science and Law - Law is a rule of


conduct given by the legitimate authority, while
political science is macro in character but micro
in scope.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Methodology of Political Science

Experimental Method – seeks to discover, through


a series of experiment, the rule of action or the
effective transition instrument that would be best
suited, adapted, or workable under certain given
conditions.
Historical Method – it it the study of the political
institutions and practices through their origin and
development in such a way that political
uncertainty is resolved through past experiences.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Analytical Method – concerned with the
study of the significant parts of political
institutions or groups in an attempt to
examine their overall true worth and value.

Philosophical Method – in this method


political scientists develops the foundation
ideas for political institutions, methods and
practices.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Comparative Method – students of politics
can draw similarities and differences in the
political structures and systems of various
countries at different periods in history.

Judicial Method – the study deals with the


state as being composed of a body of
laws, rights and obligations founded on the
system of logic and reason.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Objective of Political Science:

The prime objective of the study


of Political Science is to educate
the citizens, and equip them to
charge the obligations of
democratic citizenship.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
State

– refers to a group of people


permanently occupying a definite
territory under the rule of a
sovereign government.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Elements of the State:

People
Territory
Government
Sovereignty
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
People – refers to the inhabitants
who sojourn the fixed territory.
There is no clear and fast rule as to
the number people required for a
state. As long as it is small enough
to be governed and large enough
to be self-sufficing.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Territory – this is where the people sojourn.

Terrestrial – The Philippine Islands


Fluvial – Waters inside the terrestrial domain
Maritime – Territorial sea and waters.
Territorial sea – 12 Nautical Miles
Contiguous Zone – 24 NM
Exclusive Economic Zone – 200 NM
(UNCLOS ART 50 and PD 1599)
Aerial – 50-100 Miles from the Highest Peak.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Government – the vehicle of
the state over which the will
of the state is being carried
out expressed and
formulated.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Aristotle classified government into 3:

Aristocracy – the supreme power and


authority is vested upon a few
privileged classes whose rights arises
from the fact of their birth, wealth or
wisdom. It is also known as Oligarchy.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Monarchy – the supreme power or
authority is vested in the hands of one
single person.
Absolute – where the ruler rules by
divine right.
Limited or Constitutional – the rules is in
accordance with the limits of the
constitution.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Democracy – the supreme power is
vested upon a majority or mass of
people.
Pure – where people govern
themselves and not through
representatives.
Indirect, Representative,
Republican – where people govern
through their representatives.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Other forms of Government:

According to the manner of instituting Officials


and the nature of official tenure:

Elective – It is where representatives are chosen


by the popular will of the people.

Hereditary – where the transfer of honor and


political title is through inheritance.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
According to concentration or distribution
of governmental powers:

Unitary – Powers of the government is


concentrated into one supreme organ from
which all governing authorities derive their
power and existence.
Federal – powers are distributed between
central and local government each being
supreme within its own sphere.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
According to the relationship of the executive
and legislative branches of the government:

Presidential – the chief executive is the real


executive and constitutionally independent of
legislative; there is no nominal head, there is strict
separation of powers.

Parliamentary – the real executive, the cabinet is


legally responsible to the legislature or one
branch of it, while the titular or nominal head
occupies a position of irresponsibility.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
As to its legality or constitutionality:

De jure – the government of right.


Established according to the constitution.

De facto – acquired unlawfully through


rebellion, force and arms upon against the
will of the rightful legal government.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Sovereignty – The power of the state
to command and enforce obedience
of its will from the people. The supreme
and absolute power.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Internal Sovereignty – absolute
power of the state to rule its
people

External Sovereignty – freedom or


independence of the state from
foreign or external control.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Inherent Powers of the State:

Police Power – The power of the state to enact


and legislate laws and to regulate property and
liberty in the promotion of general welfare of the
people.
Power of Eminent Domain – Power of the
government to acquire private property for public
use in exchange of just compensation.
Power of Taxation – Power to impose and levy
taxes for the operation of the government.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Theoretical Basis on the Origin of the State:
Divine Right Theory – The state is a Divine creation
and God has chosen his vice regents on earth to
rule it,
Social Contract Theory – It is believed that the
state was founded by man’s covenant or
contract.
Patriarchal/Paternalistic Theory – the state is
merely the expansion of a family grew into clan,
tribe, nation into a state.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Necessity and Force Theory – the state was
founded because the weak seeks protection and
strong ones protect and rule them.

Economic Theory – The state must have been


founded to take charge of man’s multi-various
needs.

Historical Theory – State is a product of human


development.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Constitution – The written instrument enacted by
the direct action of the people by which the
fundamental powers of the government are
established, limited and defined, and by which
those powers are distributed among several
departments for safe and useful exercise for the
benefit of the body politic.(Real Definition)
“Constituo” Latin term which means fixed,
established and settled.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
The constitution is both a conferment of
powers and a limitation of the same. Its
purpose is to prescribe the permanent
framework of a system of government, to
assign to the several departments their
respective powers and duties, and to
establish certain first principles on which the
government is founded.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Distinctions between a Constitution and a
Statute:

 Constitution  Statute
 A legislation direct from the  Legislation from the people’s
people representatives
 States general principles  Provides the details of the
 Intended not merely to meet subject of which it treats
existing conditions  Intended primarily to meet
 Fundamental law of the existing conditions only
state to which all other laws
and statute must conform
Examples of Constitutional provisions and statutes
or laws:

Section 14, Article II, 1987 Philippine Constitution –


“the state recognizes the role of women in nation
building, and shall ensure the fundamental
equality before the law of women and men.”

Section 18, Article II, 1987 Philippine Constitution –


“the state affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.”
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Statutes which promote Sections 14 and 18,
Article II, 1987 Philippine Constitution

Presidential Decree 442 – The Labor Code


of the Philippines
R.A. 6715 – The New Labor Relations Act
R.A. 7877 – Anti Sexual Harassment Act of
1995
R.A. 9262 – Anti Violence Against Women
and Children Act of 2004.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Classifications of Constitution

As to their origin and history

Conventional or Enacted – One which is enacted


by a constituent assembly or granted by means
of a constitutional convention.
Cumulative or Evolved – one which is a product
of the development originating in customs,
tradition, and judicial decisions, rather than from
a deliberate and formal enactment.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
As to their form

Written – one which has been given a definite


form at a particular time, usually by a specially
constituted authority called a “Constitutional
Convention’

Unwritten – one which is 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 of a
fundamental character usually bearing dates.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
As to manner of amending them

Rigid or Inelastic – one regarded as a document


of special sanctity which cannot be amended or
altered except by some special machinery more
cumbrous than the ordinary legislative process.

Flexible or Elastic – one that possesses no higher


legal authority than ordinary laws and which may
be altered in the same way as other laws.

PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*


POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Requisites of a Good Written Constitution:

Brief – it must confine itself to the basic principles to be


implemented to change and easier to amend.

Broad – because a statement of powers and functions of


the government and relatives between the government
body and the governed, that it be as comprehensive as
possible.

Definite – to prevent ambiguity in its provisions which


could result in confusion and divisiveness among the
people.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Parts of a Good Written Constitution:

Constitution of Liberty – The series of prescriptions setting forth the


fundamental civil and political rights of the citizens and imposing
limitations on the powers of the government as a means of securing
the enjoyment of those rights.

Constitution of Government – the series of provisions outlining the


organization of the government, enumerating its powers, laying down
certain rules relative to its administration and defining the electorate.

Constitution of Sovereignty – The provisions pointing out the mode or


procedure in accordance with which formal changes in the
fundamental law may be brought about.
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
Rules on Statutory Construction:

Whenever possible, give the provision of the


law its literal or ordinary meaning

Interpret the law or provisions of it as a


whole.

Intent of the framers.


PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH THE PHILIPPINE
CONSTITUTION

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