NSTP (July 6)

View previous topic View next topic Go down

NSTP (July 6)

Post  xerxes on Mon Jul 06, 2009 4:24 pm

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?

xerxes
Admin
Admin

Posts : 12
Join date : 2009-06-10
Age : 35
Location : Dinalupihan, Bataan

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum