PSC 101 Edited
PSC 101 Edited
2. Political Institutions
the constitution
national government (executive, legislative and judiciary)
local government
public administration
comparative political institutions
The Scope of Political Science
STATE
1.People
- The mass of
the
population
living within
the state.
They are human beings, male and
female, who live together for a
common end, notwithstanding
differences in race, color, religion,
or culture.
They must be sufficiently numerous
to assure continued existence as a
collective body otherwise the ends
of the union may be frustrated.
Note:
Community of persons, more or less numerous means that
the people as an element of a State should be neither too small
nor too large: enough to be self-sufficing. For example, the
Vatican City under the Pope is the smallest State with eight
hundred thirty six (836) citizens as of July 2012; the island
Republic of Nauru with nine thousand three hundred seventy
eight (9, 378) citizens as of July 2012; the Philippines with an
estimated ninety seven million six hundred thousand (97.6
million) people this year 2012; and China with an estimated one
billion, three hundred forty three million two hundred thirty
nine thousand and nine hundred twenty three citizens (1, 343,
239, 923) as of July 2012.
Elements of a State
2. Territory
- demarcated
area that rightly
belongs to the
population
The space on earth occupied by
the state must be more or less
fixed to settle eventual
disputes on jurisdiction: the
territorial unity, however, need
not be a geographical one; it is
sufficient that it be juristic
(recognized by law) in
character.
Hence the territory may be
"integrated territory"
(geographically united) or
dismembered
territory"(geographically
disunited as in the case of
colonies beyond the seas.)
Elements of a State
3. Government
- Refers to the
agency to which the
will of the state is
formulated,
expressed, and
carried out.
Government is the
machinery or the
instrument by which the
power in a state expresses
its will and exercises its
functions; it is the
framework of political
institutions, departments,
and offices, by means of
which the executive,
judicial, legislative and
administrative business of
the state is carried on.
Element of a State
4. Sovereignty
it is defined as the
supreme and final
legal authority of the
state to enforce its
will on its members by
coercive sanctions, if
necessary, which must
not be subject to any
like power.
Two aspects of Sovereignty
1. Internal Sovereignty -- It is
the supreme or absolute power
of a state to enforce its will on
the people within its territory.
2. External Sovereignty --
means independence of a state
from control by any other state.
It is the power of an
independent state to control
and direct its external affairs
such as the authority to enter
into treaties with other states,
to wage war, and to receive
and send diplomatic missions.
Case Analysis
Case Situation
A perusal of the Charter of the United Nations will reveal
that only states are qualified to become members of the
organization. The Philippines, was represented by the
Commonwealth government, was accepted as an original
member of the United Nations.
Question: Was the Philippines a state at that time?
Case Analysis
Answer:
Activity no. 6 = Case Analysis
Case Situation:
The Republic of China (POC) is an island 100 mi
(161 km) off the Asian mainland in the Pacific. After
the defeat of its armies on the mainland, the
Nationalist government of Generalissimo Chiang Kai-
shek retreated to this island and formed
The Republic of China (Taiwan).Chiang dominated
the island and maintained strong armies in the hope of
eventually recovering the mainland. Beijing viewed the
Taiwanese government with suspicion and anger,
referring to Taiwan as a breakaway province of China.
Activity no. 6 = Case Analysis
Question:
The Peoples Republic of China
(PRC) treated Taiwan under the
One China Policy as one of its
provinces.
Is Taiwan under the One China
Policy a state?
Activity no. 6 = Case Analysis
Answer:
Inherent Power of the State
2.) Power of
Eminent Domain or 3.) Power of
1.) Police Power
Power of Taxation
Expropriation
1. Police Power
It is defined as the power of promoting public welfare by
restraining and regulating the use of liberty and property.
Salus Populi Est Suprema Lex which means
The Welfare of the People is the Supreme Law
Case Analysis
Case Situation:
Under the Constitution, the workers have the right
to strike.
Under the Labor Code however, the Secretary of
Labor is given the authority and discretion to
determine what industries are indispensable to the
national interest and thereafter assume jurisdiction
over disputes in said industries, which in effect
prevents the workers to go on strike.
Question: Is the provision of the Labor Code violates
the Constitutional Rights of Workers to Strike?
Case Analysis
Answer:
Inherent Powers of the State
Case Situation:
The Government of Quezon City
enacted an ordinance requiring private
cemeteries to reserve 6% of their total
areas for the burial of paupers.
Question: Is the ordinance a valid
exercise of power of eminent domain?
Case Analysis
Answer:
Inherent Powers of the State
3. Power of Taxation
It is the power of the State to demand from the
people their proportionate share on contribution
in the maintenance of the government.
The power of taxation proceeds upon the theory
that the existence of government is a necessity,
but it cannot continue without means to pay its
expenses, and that for these means it has a
right to compel all its citizens and property
within its limits to contribute
Case Analysis
Case Situation:
In connection with the recovery of the ill-gotten wealth of
the Marcoses, the PCGG entered into a Compromise
Agreement with the Marcoses whereby the latter will be
granted exemption from all forms of taxes over the
properties to be retained by them.
Question: Is the Compromise Agreement Valid?
Case Analysis
Answer:
State Distinguished from Nation
Nation should not be confused with the State as they are
not the same.
The State is a political concept, while Nation is an ethnic
concept. A nation is a group of people bound together by
certain characteristics such as common social origin,
language, customs and traditions, and who believe that
they are one and distinct from others.
State Distinguished from Nation
A state may consist of one or more nations and conversely,
a nation may be made up of several states.
Examples:
Arab Nation is divided into several states, such as: Egypt,
Saudi Arabia, Jordan, Syria, Lebanon, and others.
The United States is a melting spot of several nationalities.
State Distinguished from Nation
Question:
How would you classify Philippines
in terms of two concepts? that is
state is a political concept, while
nation is an ethnic concept.
Answer:
Theories of the state origin
Topic Outline
Supremacy of Constitution
Non-Self-Executing Self-Executing
They do not confer rights nor The Self-Executing Provisions
impose obligations. Their They are complete and operative
mandate can only be realized by without the aid of supplementary
the enactment of laws. They are or enabling legislations.
sleeping provisions and can only
be awakened by legislation.
Case Analysis
1. Constitution of Government
It is a portion of the Constitution that establishes the main
branches of government, defines the powers of the
government and assigns them to the said branches.
Under the Philippine Constitution, the following belong to
this category:
a. Executive art VII b. Legislative Art VI c. Judiciary art
VII d. Constitutional Commission e. Local Government
f. Accountability of Public Officers
Essential Parts of a Constitution
2. Constitution of Liberty
It is a portion of the Constitution which lays down the
individuals basic rights and freedom, which are a
protective shield against abuses of government.
Under the Philippine Constitution, the following belong to
this category:
a. Bill of Rights art III b. Citizenship art IVc. Suffrage art
V d. Declaration of Principles and State Policies art II
f. National Economy and Patrimony
Essential Parts of a Constitution
3. Constitution of Sovereignty
It is a portion of the Constitution which provides the
process for the exercise of peoples sovereign power to
approve, amend, revise the constitution
Under the Philippine Constitution, the provision of
amendment or revision under Article XV11 belong to this
category.
Process of Constitutional Amendments
(Ways of Amending the Constitution)
ARTICLE XVII
ARTICLE XVII
AMENDMENTS OR REVISIONS