Professional Documents
Culture Documents
Government and
Constitution
Atty. Archill Nia F. Capistrano,
MInternatRel
November 2016
All rights reserved
Location
of power
Parties
Leads
Follows
Faithful/
Believers
Necessity or
Force
Force
Strong
Weak
Paternalistic
/
Maternalisti
c
Parental
authority
Rulers
akin to
parents
People akin
to children
Social
Archill Nia F. Capistrano
Contract
Chosen
Consent
2016 All rights reserved.
rulers
The
governed
PEOPLE
Art. V
Art. IV
Art. III
Sabah
of
Sc
ar
bo
r
ou
gh
Sh
o
al
Te
r
re
st
ri
yy
s
lliitt
il e
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M
ttoo
al
rrrrii
ic )
TTee
ut
M
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Na (N
ee
rriinn
12
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aagg
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Aerial
Territorial
Domains
7
2016 All rights reserved.
Archill Nia F. Capistrano
p
ou
Gr
tly Is.
ra
Sp
Territorial Claims
TERRITORY
Elements of the State:
GOVERNMENT
gubernaculum &
From (Latin):
gubernare
Art. VII
Art. VI
+
Horizontal
Accountability
Art. VIII
Classifications of
Government
By Aristotle
By Burgess
Other classifications
N.B. The foregoing are the common or
popularly
recognized ways of classifying
governments.
Archill Nia F. Capistrano
Aristotle
Ideal
Deviant
One Ruler
Monarchy
Tyranny
Few Rulers
Aristocracy
Oligarchy
Many
Rulers
Polity
Democracy
10
Burgess
(ANFCs mnemonics)
|
|
Primo, An, App Di vs. Coll
Archill Nia F. Capistrano
11
Burgess
according to the IDentity or nonIDentity of the people to the
government:
ReD Direct/Pure Democracy (e.g. citystates
of
ancient Greece)
Representative/Indirect/Republican
12
Direct/pure democracy
Indirect/representative/republican
democracy
Presidential democracy
Parliamentary democracy
Social/economic democracy (welfare
states)
Totalitarian democracy
Burgess
according to the nature of the
TENure or term of office:
Govt. by Hereditary Succession vs. Govt. by
Election
|
|
Primogeniture (to descendant)
Direct Election
Ancianette
(to ascendant)
Archill Nia
F. Capistrano
2016 All rights reserved.
14
Burgess
according to the RELATION of the
government branches:
CaPre Presidential system (USA)
|
Cabinet/Parliamentary system (UK)
Archill Nia F. Capistrano
15
Cabinet/
Parliamentary System
Presidential
System
Fixed
(e.g. 6 years without
re-election in the case
of the Philippine
President and 4 years
with re-election in the
case of the U.S.
President)
Governance
Fusion of powers
(usually between
Archill Nia F. Capistrano
2016 All rights reserved.
principle the legislative and the executive
Separation of powers:
16
co-equal, co-
shadow
cabinet
question hour
vote of no
confidence
dissolution of
parliament
Presidential
Legislative
Executive and/or
Judicial
- e.g. impeachment
Executive
Legislative
- e.g. veto power
Judicial Legislative
and/or Executive
- e.g. judicial review
Executive Judicial
Archill Nia F. Capistrano
17
- e.g. pardoning power
On Governance Principles
Cabinet/Parliamentary
2016
Presidential
Responsiveness/Accountabil
ity
Cabinet/Parliamentary
The PM and Cabinet
do not have fixed
terms and may be
removed anytime
by a vote of No
Confidence by
Parliament or
Parliament may be
dissolved for
unsatisfactory
performance.
Responsibility for
poor performance is
easily determined.
Archill Nia F. Capistrano
Presidential
Security of tenure
from a fixed term of
office can render
the President and/or
Legislators to be
less responsive to
the public.
Tendency to point
to the other
branches as the
cause of the failure
to perform
19
ID is TEN in
POWER.
|
|
ReD ______
FUn
|
Her
|
Burgess
RELATION to his
|
CaPre
|
Elec
|
Di vs. Coll
|
Federal/Decentralized government (e.g.
U.S.)
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20
Federal System
The power to govern is shared
between the national, state/region
and local levels.
Examples:
U.S. (after the 13 colonies became states
through today)
India
Archill Nia F.
Capistrano
21
Confederacy vis--vis
a Federal System
Beginnings of the U.S.A.s federal
system
vs.
Madya-as / Madja-as
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Capistrano
22
Unitary System
The power to govern is given to the
national or central government.
Examples (emerged from smaller
kingdoms):
Great Britain
Italy
France
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Capistrano
23
Other Classifications of
Govt.
De Facto Government
Has no legal title (Constitution)
Has no popular support
Has no recognition by the family of nations
See: Lawyers League for a Better Philippines vs. Aquino
(G.R. No. 73748, 22 May 1986)
24
Other Classifications of
Govt.
According to the brand of leadership:
Despotic Government (akin to tyranny)
Plutocratic Government (akin to oligarchy/
elitist democracy)
According to nature of leadership:
Military vs. Civil Government
Art. 2, Sec. 3 of the 1987 Phil. Constitution
(supremacy of civilian authority over military
authority)
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25
SOVEREIGNTY
26
SOVEREIGNTY
Aspects:
External
Characteristics
:
Universality
Indivisibility
Absoluteness
Inalienability
Permanence
Internal
27
SOVEREIGNTY
and
JURISDICTI
ON
Personal
Jurisdictio
n
Citizens
Overseas
Chief
Executive as
Top Diplomat
Citizens
Overseas
Territorial
Jurisdictio
n
Territor
y
Embassies
Consular
offices
28
Types of
SOVEREIGN
Law-making
Legal
Actual
Actual
governance/rule
Monarc
hor
Preside
nt
Nomin
al
Symbol of political
unity/reign
Politic
al
29
Types of Sovereign:
POLITICAL
SOVEREIGN
na
tes
f
ty
rom
Re
si
de
s
in
em
a
Au
tho
ri
30
31
Constitution
Constituo
body of rules and principles in
accordance with which the powers of
sovereignty are regularly exercised
serves as the supreme or
fundamental law
establishes basic framework and
underlying principles of government
Constitution classifications
According to:
Origin or
history
Form
Manner of
changing
Constitution may be
Evolutionary or
cumulative
Enacted or
conventional
Granted or fiat
Unwritten
Written
Flexible or elastic
Rigid or inflexible or
inelastic
Constitution
a law/legislation direct
from the people
a law/legislation from
the peoples
representatives
the supreme or
fundamental law
conforms to
constitution.
Definite
Brief
Broad
Statute
Parts of a constitution
Preamble
Constitution of Liberty
Constitution of Government
Constitution of Sovereignty