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POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

Political Science - the study of Relationship of Political Science with


the phenomena of the state and other Disciplines:
government; social science
Political Science and History
concerned with the description
and analysis of the political Political studies are
and governmental institutions authoritative and safer when
and processes. (Real supported with historical facts.
Definition), derived from the The past is the foundation of
the present politics and will be
Greek word Polis which means
a city and the Latin word of the future.
Scire which means to know or Political Science and Economics
to discover (Etymological the two is interrelated
Definition) because it is imperative to also
study economic conditions of the
state. Everything will boil down
to economics. The problem of the
Current Fields of Study of Political
Science: country is how to be
economically progressive in
Comparative Politics order to sustain its citizenry.
comparison of the different Political Science and Sociology
forms of government in different there is a reciprocal
settings. relationship between the two
International Relations because of the fact that social
focuses on the study of the problems and issues are more
dynamics of relations between often than not, also problems of
states and more recently on government.
transnational crimes and issues Political Science and Psychology
such as environment, human The relationship of this is
trafficking, trade, social best explained and appreciated
movements, and labor like co- in the study of the public
operatives or preventing opinion and mob behavior.
terrorism. Political Science and
Political Psychology Political Anthropology this can be best
elites and political behavior determined through the
and the interplay between them, application of the
is studied in this field of Anthropological theories of the
political science. state stating that the state
Political Theory involves the evolved from a family first then
study of normative questions of into a clan then into a more and
government, ideology, regimes, bigger and much extensive
movements, and the history of groups. Finally a nation bound
political philosophy. by common ideas and goals.
Political Science and Geography
Issues pertaining to external
political problems, boundaries,
trade relations and the like are
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

best resolved with the knowledge composed of a body of laws,


of geography. rights and obligations founded
Political Science and Law - Law on the system of logic and
is a rule of conduct given by reason.
the legitimate authority, while
Objective of Political Science:
political science is macro in
character but micro in scope. The prime objective of the study
of Political Science is to educate the
citizens, and equip them to charge the
Methodology of Political Science obligations of democratic citizenship.

Experimental Method seeks to


discover, through a series of State refers to a group of people
experiment, the rule of action permanently occupying a definite
or the effective transition territory under the rule of a
instrument that would be best sovereign government.
suited, adapted, or workable
under certain given conditions. Elements of the State:
Historical Method it it the
People
study of the political
institutions and practices Territory
through their origin and Government
development in such a way that Sovereignty
political uncertainty is
People refers to the inhabitants who
resolved through past
sojourn the fixed territory. There is
experiences.
no clear and vast rule as to the
Analytical Method concerned
number people required for a state. As
with the study of the long as it is small enough to be
significant parts of political governed and large enough to be self-
institutions or groups in an sufficing.
attempt to examine their overall
true worth and value.
Philosophical Method in this
Territory this is where the people
method political scientists
live.
develops the foundation ideas
for political institutions, Terrestrial The
methods and practices. Philippine Islands
Comparative Method students of Fluvial Waters inside the
politics can draw similarities terrestrial domain
and differences in the political Maritime Territorial sea
structures and systems of and waters.
various countries at different (a) Territorial sea 12
periods in history. Nautical Miles
Judicial Method the study (b) Contiguous Zone 24
deals with the state as being NM

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


POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

(c) Exclusive Economic people govern through


Zone 200 NM (UNCLOS their
ART 50 and PD 1599) representatives.
Aerial 50-90-100 Miles
Other forms of Government:
from the Highest Peak.
Government the vehicle of the state According to the manner of
instituting Officials and
over which the will of the state is
the nature of official
being carried out expressed and
tenure:
formulated.
(a) Elective It is
Aristotle classified where representatives
government into 3: are chosen by the
(a) Aristocracy the popular will of the
supreme power and people.
authority is vested upon (b) Hereditary where
a few privileged classes the transfer of honor
whose rights arises from and political title is
the fact of their birth, through inheritance.
wealth or wisdom. It is According to concentration
also known as Oligarchy. or distribution of
(b) Monarchy the governmental powers:
supreme power or (a) Unitary Powers of
authority is vested in the government is
the hands of one single concentrated into one
person. supreme organ from which
(i) Absolute where all governing
the ruler rules by authorities derive their
divine right. power and existence.
(ii) Limited or (b) Federal powers are
Constitutional the distributed between
rules is in central and local
accordance with the government each being
limits of the supreme within its own
constitution. sphere.
(c) Democracy the According to the
supreme power is vested relationship of the
upon a majority or mass executive and legislative
of people. branches of the government:
(i) Pure where (a) Presidential the
people govern chief executive is the
themselves and not real executive and
through constitutionally
representatives. independent of
(ii) Indirect, legislative; there is no
Representative, nominal head, there is
Republican where
PROF. HYMAN JAY H. BLANCO, RCRIM, MSCRIM* JD*
POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

strict separation of Power of Eminent Domain


powers. Power of the government to
(b) Parliamentary the acquire private property
real executive, the for public use in exchange
cabinet is legally of just compensation.
responsible to the Power of Taxation Power
legislature or one to impose and levy taxes
branch of it, while the for the operation of the
titular or nominal head government.
occupies a position of
irresponsibility.
As to its legality or Theoretical Basis on the Origin of the
constitutionality: State:
(a) De jure the
government of right. Divine Right Theory The state
Established according to is a Divine creation and God has
the constitution. chosen his vice regents on earth
(b) De facto acquired to rule it,
unlawfully through Social Contract Theory It is
rebellion, force and believed that the state was
arms upon against the founded by mans covenant or
will of the rightful contract.
legal government. Patriarchal/Paternalistic Theory
the state is merely the
Sovereignty The power of the state expansion of a family grew into
to command and enforce obedience of clan, tribe, nation into a
its will from the people. The supreme state.
and absolute power. Necessity and Force Theory the
state was founded because the
1) Internal Sovereignty absolute weak seeks protection and strong
power of the state to rule its ones protect and rule them.
people Economic Theory The state must
2) External Sovereignty freedom or
have been founded to take charge
independence of the state from
of mans multi-various needs.
foreign or external control.
Historical Theory State is a
product of human development.
Inherent Powers of the State:

Police Power The power of Constitution The written instrument


the state to enact and enacted by the direct action of the
legislate laws and to people by which the fundamental powers
regulate property and of the government are established,
liberty in the promotion of limited and defined, and by which
general welfare of the those powers are distributed among
people. several departments for safe and

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


POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

useful exercise for the benefit of the fundamental equality before the law of
body politic.(Real Definition) women and men.
Constituo Latin term which means
Section 18, Article II, 1987
fixed, established and settled.
Philippine Constitution the state
The constitution is both a affirms labor as a primary social
conferment of powers and a limitation economic force. It shall protect the
of the same. Its purpose is to rights of workers and promote their
prescribe the permanent framework of a welfare.
system of government, to assign to the
several departments their respective
powers and duties, and to establish Statute which promote Sections 14 and
certain first principles on which the 18, Article II, 1987 Philippine
government is founded. Constitution
Presidential Decree 442 The Labor
Distinctions between a Constitution Code of the Philippines
and a Statute: R.A. 6715 The New Labor Relations
Constitution Act
R.A. 7877 Anti Sexual Harassment Act
A legislation direct from the
of 1995
people
States general principles R.A. 9262 Anti Violence Against
Intended not merely to meet Women and Children Act of 2004.
existing conditions
Fundamental law of the state to
which all other laws and statute Classifications of Constitution
must conform As to their origin and history
Statute
Conventional or Enacted One
Legislation from the peoples which is enacted by a
representatives constituent assembly or granted
Provides the details of the by means of a constitutional
subject of which it treats convention.
Intended primarily to meet Cumulative or Evolved one
existing conditions only which is a product of the
development originating in
customs, tradition, and judicial
decisions, rather than from a
Examples of Constitutional provisions
deliberate and formal enactment.
and statutes or laws:
As to their form
Section 14, Article II, 1987
Philippine Constitution the state Written one which has been
recognizes the role of women in nation given a definite form at a
building, and shall ensure the particular time, usually by a

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


POLITICS AND GOVERNANCE WITH PHILIPPINE CONSTITUTION SS 6

specially constituted authority Parts of a Good Written Constitution:


called a Constitutional
Convention Constitution of Liberty The
Unwritten one which is series of prescriptions setting
entirely the product of forth the fundamental civil and
political evolution, consisting political rights of the citizens
largely of a mass of customs, and imposing limitations on the
usages and judicial decisions powers of the government as a
means of securing the enjoyment
together with a smaller body of
statutory enactments of a of those rights.
fundamental character usually Constitution of Government the
bearing dates. series of provisions outlining
the organization of the
government, enumerating its
powers, laying down certain
As to manner of amending them
rules relative to its
Rigid or Inelastic one administration and defining the
regarded as a document of electorate.
special sanctity which cannot be Constitution of Sovereignty
amended or altered except by The provisions pointing out the
some special machinery more mode or procedure in accordance
cumbrous than the ordinary with which formal changes in the
legislative process. fundamental law may be brought
Flexible or Elastic one that about.
possesses no higher legal Basic Rules on Statutory Construction:
authority than ordinary laws and
which may be altered in the same Ordinary Meaning Or Literal
way as other laws. Meaning
Requisites of a Good Written Whole text interpretation
Constitution: Intent of the Framers

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*

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