NSTP (July 6)

[xerxes]

Reference:



The Basics of Political Science, Honorardo Mortel, et al








State





•
Is a community of persons more or less
numerous, permanently occupying a definite portion of territory, independent of
external control, and possessing an organized government to which the great
body of its inhabitants render habitual obedience





Elements of State





•
People


•
Territory


•
Government


•
Sovereignty





People





•
Inhabitants of the State


•
No definite number of population


•
Sufficient enough and capable of maintaining
the continued existence of the State


•
Ideal-must be politically united (diversed)





Territory





•
Specific geographical area


•
Land, water, air space above them and the
submarine areas below them


•
Article 1, Section 1 of the 1987 Philippine
Constitution





Government





•
An institution, over which the will of the
state is formulated, expressed and carried out. It serves as an organizing
force over the states’ subjects





Sovereignty





•
The power of the state to command and enforce
(obedience) its will from people


•
Power over the people of an area unrestrained
by laws originating outside the area, or independence completely of direct
external control











Two aspects of Sovereignty





•
Internal


•
External








Internal





•
Absolute power of the state to rule its
people





External





•
Freedom or independence of the state from
foreign or external control





Manifestations of Sovereignty





•
Legal


•
Political





Legal





•
Power of the state to implement laws within its
jurisdiction


•
In the Philippines,
the power to make laws or amend them is vested in the Congress which is
composed of two chambers which is composed of the House of Representatives and
the House of the Senate. The people through the process of initiative and
referendum may also exercise this function





Political





•
Authority of the people (electorate) to
choose who will be the leaders or officials of the state. The final source of
power are the people





Independence
vs. Sovereignty





•
Independence:
Freedom of external control, autonomy, or liberty


•
State in its original sense must be powerful
enough to enforce its will to the people.





State vs. Nation





•
State is often distinguished as a political
concept being a governmental structure.


•
Nation is distinguished as a racial or
ethnical concept


•
Autonomously governed territory is
nation-state








Inherent Powers of the State





•
Police Power


•
Power of Eminent Domain


•
Power of Taxation








Police Power





•
Power of the state to enact and enforce laws
and to regulate property and liberty in the promotion of the general welfare of
the people. It is the power to regulate the behavior or conduct of its citizen
in the interest of the common good within the limits of the state’s laws.


•
Everyone in the state





Power of Eminent Domain





•
The power that enables the state to take
private property for public use upon payment of just compensation


•
Implementation of government programs such as
infrastructure projects


•
Existing Market Value





Power of Taxation





•
Power of the state to impose and collect
revenues for the operation of the government.


•
For infrastructure and expenditures


•
Form of services





General Rights and Obligations of States





Right of Independence





•
Right of the state to manage its internal and
external affairs without the dictates or the interference of other states as
long as it does not violate the rights of other states. The determination of
its public policies must also be independent and that is free from external
pressures





The right of Equality





•
The right of equality pertains to legal
equality only. States that are members of the UN are considered equal
regardless of size, population, wealth, etc. They enjoy similar privileges,
immunities and duties under the International Law








Right of property and domain





Right to enjoy absolute ownership to the territorial and
non-territorial possessions of the state. It includes the right to use and
exploit these possessions up to its utmost benefits








Right of Jurisdiction





Power of the state to exercise full authority to its
subjects and to the material possessions of the state. Subjects include
citizens and aliens. Material possessions include land including the fluvial
and aerial domains.





Theories on the Origin of States





Divine-Right Theory





•
States were created by God and ordained
leaders to govern the states


•
Most monarchial states adhere to this theory


•
Rulers are divine and always absolute





Social Contract Theory





•
Result of the voluntary agreement among
people who formed a covenant to form a civil society


•
To help and protect one another and live in a
political community





Natural or Instinctive Theory





•
Outcome of the innate characteristics of men
to form associations


•
Larger groups vs. isolation


•
Merging of groups = state





Patriarchal and Matriarchal





•
Expansion of family into a clan, a tribe and
eventually into a nation


•
Abraham





Necessity and Force Theory





•
Out of necessity (Coalesce)


•
Out of invasions of mighty communities














Economic Theory





•
States were organized to satisfy man’s
economic needs


•
Material needs to satisfy demands





Evolutionary Theory





•
Gradual process of evolution


•
Sociologists


•
History and Unknown Past


•
A growth





Philippines
as a State





•
July 4, 1946 (45 years of colonization)


•
UN member


•
June 12, 1898


•
Hongkong Junta (US, England, Japan,
Australia
and France)





Concepts of Law





•
Government of Laws and not of Men


•
Law, as a mechanism that governments use to
direct and control the activities of men in civilized society, is closely
interwoven with all the aspects of political, economic, social and cultural life
of the people





Laws





•
Is a process with a purpose


•
Mandatory in form, reasonable in content,
community-serving in purpose, and promulgated by a legitimate authority


•
Includes edicts, decrees, orders, ordinances,
statutes, resolutions, rules and judicial decisions


•
For the common good, for the welfare of the
community as a whole, and not for the benefit of an individual, a few or a
class


•
Must be published


•
Body of rules emanating from the government
agencies and applied by courts


•
Rule of actions presented by some superior,
and which the inferior is bound to obey


•
A rule of external conduct or action, which is
prescribed or is formally recognized as binding by supreme governing authority
and is enforced by a sanction


•
An enactment by proper authority so that the
people would act accordingly and courts enforce this





Sources of Law





•
Natural Law


•
Customs


•
Statutes


•
Judicial Decisions


•
The Constitution


•
Treaties


•
Executive Orders and Proclamations


•
Codes


•
Ordinances





Classifications of Law





•
As to Form


•
As to Scope


•
As to its Applications


•
As to its Effectivity





As to Form





•
Prescriptive


•
Permanent


•
Uniform





As to Scope





•
General Law


•
Special Laws


•
Local Law





As to its Application





•
Temporary


•
Permanent





As to its Effectivity





•
Prospective


•
Retroactive




















FORMS OF GOVERNMENT





As to the Number of Persons exercising the power of
Sovereignty





•
Monarchy (Absolute and Limited)


•
Aristocracy or Oligarchy


•
Democracy (Direct/Real/Pure and Representative or
Republican)





As to the Source of Power





•
Hereditary


•
Elective





As to how power is distributed





•
Unitary


•
Federal


•
Confederate





As to how they function





•
Paternalistic


•
Individualistic


•
Cabinet


•
Presidential





As to its legality or constitutionality





•
De Jure


•
De Facto





Philippine Constitutions





•
Malolos


•
1935


•
1973


•
1987





Amending or Revising the Constitution





PROPOSAL OF AMENDMENTS


•
Congress


•
Constitutional Convention


•
People directly


RATIFICATION OF PROPOSAL





Self-Awareness





•
How well do you know yourself?


•
Ask yourself, “Who am I?”


•
What are my strengths and weaknesses?


•
What is my life’s purpose?


•
Am I a good child, friend, citizen and
student?


•
What are my dreams? Achievements?


•
Who are my influences?


•
Why am I like this?