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Political Science -systematic study of the state and Psychology – mental and emotional processes

government.
Philosophy – Plato, Aristotle and Locke
 A very comprehensive field
 Political science considers it as
“Political” – polis, means city-state “ethics”

“science” – scire, means “to know” Statistics and Logic – political theorist must have a broad
scientific background of current political problems,
A basic knowledge and understanding pf the state and the
evaluating data, drawing conclusions
principles.
Jurisprudence – branch of public law
primarily concerned with the association of human being
into a “body of politic” – a political community.  Analysis of existing legal systems and
also with the ethical, historical,
Deals with relations among men and groups which are
sociological and psychological
subject to control by the state.
foundations of law.
men and groups to the state and state to other states.
Law and state are inseparabale.
SCOPES
FUNCTIONS & IMPORTANCE
Political Theory – entire body of doctrines relating to the
1. Discover the principles that should be adhered to
origin, form, behavior and purposes of the state.
in public affairs
Public Law – organization of governments 2. Findings and conclusion may be of immense
practical use to constitution makers.
 Limitations upon government authority 3. Deals with problems of social welfare,
 The powers and duties of governmental governmental economic programs, etc.
offices and officers.
 Obligation of one state to another. GOALS

Public Administration – focused upon the methods and 1. Education for citizenship – primary objective of
techniques political science
2. Essential parts of liberal education – bearing no
Administrative law falls within the scope of public materialistic price tag and promising no job
administration. security, practical and cultural have no relevance
here.
INTERRELATIONSHIPS
3. Knowledge and understanding of government
History – bond between the political scientist and the
historian  seeks to gather and impart this knowledge
and understanding.
 History is past politics and politics present  A citizen who knows the answer(how the
history government operates)
 Past and interprets present.
STATE
Economics – economics and political science = political
economy, Economic condition affect the organization and People – mass of population
development of a state.
Vatican – smallest state
Geography – Geopolitics (influences of physical factors China – largest population
such as population pressure, sources of raw materials. Canada – largest state
Geography. Etc) Territory – land, rivers, lakes therein.

Sociology and Anthropology – abiding influences of race Ph land area – 115,707 square miles/ 299,681 square
and culture upon society and with the patterns of kilometers.
collective human behavior.
Government – agency through which the wil of the state is
Origins and nature of social control and governmental formulated. Ordinary citizens are not part of the
authority. government but part of a state.
Administration – “body of men” Aristocracy – political power is exercised by privileged
class, known as aristocracy/oligarchy
Sovereignty – supreme power of the state
Democracy – political power is exercised by majority of
2 Manifestations
people
Internal – rule within its territory
As to no. of persons exercising sovereign powers
External – freedom of the state to carry out its activities
1. Direct/Pure Democracy – will of the state is
without subjection. Often referred as “independence”
formulated or expressed directly and immediately
Internal and external aspects are not absolutely true in to the people
practice because of international relations and law. 2. Indirect/representative/republican - will of the
state is formulated or expressed through the
agency
ORIGIN As to the extent of powers
1. Divine Right Theory – state is of divine creation 1. Unitary Government – control is exercised by the
2. Necessity/Force theory – state is created through central or national government
force 2. Federal Government – powers of government is
3. Paternalistic Theory – enlargement of the family divided bet. 2 sets of organs , one for national
Family->clan->tribe->nation->state affairs, one for local affairs.
4. Social Contract Theory – formed by deliberate and
voluntary compact among the people to form a As to the relationship bet. Executive and legislative
society. Justifies the right of the people to revolt
1. Parliamentary government – state confers upon
against a bad ruler.
the legislature the power to terminate the tenure
State and Nation of office of the real executive.
2. Presidential – state makes the executive
State – political concept constitutionally independent of the legislature.
 Not a subject for external control
Ph= representative democracy , unitary, presidential
Nation – ethnic concept PRE-SPANISH GOVERNMENT
 Group of people bound together by certain
characteristics *Unit of government*
 Term is synonymous with “people”
*datu* - rajah, sultan,hadji
 May or may not be independent of external
control *Social Classes*
Arab Nation – several sovereign states
*Early Laws* Maragtas Code(Datu Sumakwel), Kalantiaw
(Egypt, Saudi arabia, Jordan,Syria,Lebanon and others) Code(datu kalantiaw)

State & Government SPANISH PERIOD

Government is only the agency through which the state 1521 – Ferdinand Magellan discovered Philippines
expresses its wil
1st Spanish governor-general – Miguel Lopez De Legazpi
State- cannot exist without a government
Last – Gen. diego de los Rios
Government – can exist without a state
Spanish colonial government – 1565-1821, ph was
Forms of government indirectly governed by the king of spain

Monarchy – supreme and final authority is in the hands of Spanish Cortes – legislative body of spain
a single person.
Union of the church and state – basic principle introduced
1. Absolute Monarchy – ruler rules by divine rights by spain
2. Limited Monarchy – ruler rules in accordance with
a constitution Pueblos - Barangays consolidated in towns
Gobernadorcillo – little governor

Ayuntamiento/Cabildo – city council 3. Commonwealth Government – republican in form


under the presidential type. The legislative power
Cebu – first city established in 1565
wa first vested in in a unicameral National
Manila – second, 1571 Assembly.
President : Manuel L. Quezon
Royal Audiencia – supreme court of ph during Spanish Vice President: Sergio Osmeña
times February 27, 1945 – Gen. Douglas Mc Arthur
turned over to osmeña the full powers and
2 territorial audiencies
responsibilities of Commonwealth government
One in cebu, One in Vigan

REVOLUTIONARY ERA JAPANESE OCCUPATION

Katipunan – secret society that precipitated our glorious 1. Japanese Military Admisnitration – the sovereignty of
revolution on august 26, 1896, by Andres Bonifacio US over PH was declared terminated.
2. Philippine Executive Commission – a civil government
 Was the first clear break from Spanish rule composed of Filipinos with Jorge B. Vargas as
Supreme Council – Kataastaasang Sanggunian chairman.
 Where the central government was 3. Japanese-Sponsored Republic of the Philippines –
vested Jose P.Laurel as president
Provincial Council – Sangguniang Balangay
August 17, 1945 – Laurel proclaimed the dissolution
Popular Council – Sangguniang Bayan of the republic.

Judicial Council – Sangguniang Hukuman PREVIOUS PHILIPPINE REPUBLIC


Tejeros Convention – where EA officials were elected 1st PHILIPPINE REPUBLIC
Biak-na-Bato Republic – Gen. Aguinaldo, 2 years only  First democratic constitution in the Asia
 Malolos Constitution
Pact of Biak-na-Bato – conclusion
 Was not recognized by the family of nations
Dictatorial Government – May 23, 1898
2nd REPUBLIC
Proclamation of Philippine independence at Kawit Cavite,  Japanese-Sponsored Constitution
June 12, 1898 3rd REPUBLIC
 1935 Constitution
Revolutionary Government – aim: to struggle for the th
4 REPUBLIC
independence of the ph,until all nations including Spain
 1973 Constitution
will recognize it
 Parliamentary System of Government – FM as first
To prepare the country for the establishment of a real president
republic
5th REPUBLIC (1986-Present)
AMERICAN REGIME
 1987 Constitution
1. Military Government – American military rule in
Provisional Government of 1986
the ph began on August 14, 1898

First American military governor – Wesley Merritt  Four-day people power that culminated in the
Second – Elwell Otis ouster of FM
Last – Major Arthur McArthur  Proclamation No. 1 – declared that she and her vp
were taking power in the name and by the will of
Filipino People
 Revolutionary – the government was
2. Civil Government – pursuant to the so-called
revolutionary because it was not instituted in
“Spooner Amendment”
accordance in an existing constitution
Philippine Commission - Upper house
Philippine Assembly – lower house
De jure – constituted/founded in accordance with the ADVANTAGES & DISADVANTAGES OF WRITTEN
existing constitution of the state
1. Clearness and definiteness
De facto – not so constituted but has the general 2. Difficulty of its amendment. Prevents the
support of the people immediate needed changes.

 Democratic – installed by direct action of the REQUISITES OF A GOOD WRITTEN CONSTITUTION


people
FORM
 Powers
 Constitutional & transitory – the provisional 1. Brief- not too detailed
government was not a purely revolutionary but a 2. Broad – comprehensive as possible
hybrid constitutional revolutionary government. 3. Definite- vagueness may lead to opposing
interpretations

CONTENTS
CONSTITUTION – body of rules and principles
1. Constitution of government - framework
Covers both written and unwritten constitution
2. Constitution of Liberty – setting forth the
FIRST PHILIPPINE REPUBLIC fundamental rights of the people
3. Constitution of Sovereignty – mode/procedure
1. First democratic constitution in the Asia
2. Malolos Constitution AUTHORITY TO INTERPRET THE CONSTITUTION
3. Was not recognized by the family of nations
1. Private Individual
4. Serves as the supreme or fundamental law
2. Charged with official duties
5. Establishes basic framework and underling
principles CONSTITUTION FROM STATUTE
CONSTITUTIONAL LAW – branch of public law CONSTITUTION STATUTE
Legislation direct from the Fom the people’s representatives
Refers to the law embodied in the constitution as well as
people
the principles growing out of the interpretation and
General framework Details of the subject
application made by the courts. Govern existing conditions and Existing conditions only
KINDS future
Supreme/fundamental law Needs to conform in constitution
ORIGIN

1. Conventional/Enacted – enacted by the


constituent assembly PURPOSE
2. Cumulative/ Evolved - product of growth or a
 Ascertain and give effect to the intent of the
long period of development
framers of the people
FORM

1. Written – called “constitutional convention”


2. Unwritten – entirely the product of political
evolution

MANNER

1. Rigid/Inelastic – document of special sanctity


2. Flexible/Elastic – possesses no higher legal
authority

Philippine constitution may be classified as conventional,


written, and rigid/inelastic.

Constitutional Commission – appointive body that drafted


the ph constitution

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