The Constitution of the Philippines may be amended or revised through:
1. Constituent assembly - The Congress shall constitute itself into a constituent assembly and upon a vote three-fourths may amend or revise the constitution.
2. Constitutional Convention - The Congress, by a vote of two-thirds of all its members, shall call a constitutional convention or, by a majority vote of all its members, shall submit to to the electorate the question of calling such a convention.
3. Initiative - the people, through initiative upon petition of the required number of registered voters, shall directly propose the amendment.
In all cases, the amendment or revision shall only becomes valid upon ratification by the majority of the voters in a plebiscite called for that purpose.
Friday, October 30, 2009
Classification and Forms of Constitution
1. According to Origin:
Conventional or Enacted - one which is enacted by a constituent assemble or granted by a ruler to his subjects.
Cumulative or evolved - one which is a product of growth or a long period of development origination in customs, traditions, judicial decisions, and others, rather than from a deliberate and formal enactment
2. According to form:
Written - one which has been given definite written form at a particular time.
Unwritten - one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions, and statutory enactments.
3. According to difficulty of amendment or revision:
Rigid or inelastic - one which cannot be amended or altered except by some special machinery more cunbrous than the ordinary legislative process.
Flexible or elastic - one which may be altered in the same way as other laws.
Conventional or Enacted - one which is enacted by a constituent assemble or granted by a ruler to his subjects.
Cumulative or evolved - one which is a product of growth or a long period of development origination in customs, traditions, judicial decisions, and others, rather than from a deliberate and formal enactment
2. According to form:
Written - one which has been given definite written form at a particular time.
Unwritten - one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions, and statutory enactments.
3. According to difficulty of amendment or revision:
Rigid or inelastic - one which cannot be amended or altered except by some special machinery more cunbrous than the ordinary legislative process.
Flexible or elastic - one which may be altered in the same way as other laws.
The Constitution
In its broader sense, constitution is that body of of rules and principles in accordance with which the powers of sovereignty are regularly exercised.
With particular reference to the Constitution of the Philippines, constitution is that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.
With particular reference to the Constitution of the Philippines, constitution is that written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people.
Inherent Powers of the Government
Power of Eminent Domain - Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare.
Police Power – is the power of the government to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. The exercise of police power can be in the form of making laws, compelling obedience to those laws through physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and inducements.
Power of Taxation – the power to impose and collect taxes and charges on individuals, goods, services, and other to support the operation of the government.
Funds provided by taxation have been used by states and their functional equivalents throughout history to carry out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social engineering, and the operation of government itself. Governments also use taxes to fund welfare and public services. These services can include education systems, health care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water and waste management systems are also common public utilities.
Police Power – is the power of the government to regulate behaviors and enforce order within its territory, often framed in terms of public welfare, security, health, and safety. The exercise of police power can be in the form of making laws, compelling obedience to those laws through physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and inducements.
Power of Taxation – the power to impose and collect taxes and charges on individuals, goods, services, and other to support the operation of the government.
Funds provided by taxation have been used by states and their functional equivalents throughout history to carry out many functions. Some of these include expenditures on war, the enforcement of law and public order, protection of property, economic infrastructure (roads, legal tender, enforcement of contracts, etc.), public works, social engineering, and the operation of government itself. Governments also use taxes to fund welfare and public services. These services can include education systems, health care systems, pensions for the elderly, unemployment benefits, and public transportation. Energy, water and waste management systems are also common public utilities.
Functions of Government
Constituent functions – the usual function of the government
(1) The keeping of order and providing for the protection of persons and property from violence and robbery.
(2) The fixing of the legal relations between man and wife and between parents and children.
(3) The regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or for crime.
4) The determination of contract rights between individuals.
(5) The definition and punishment of crime.
(6) The administration of justice in civil causes.
(7) The determination of the political duties, privileges, and relations of citizens.
(8) Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interests.
Ministrant functions - other functions which are undertaken, not by way of governing, but by way of advancing the general interests of society, - functions which are optional, being necessary only according to standards of convenience or expediency, and not according to standards of existence
(1) The regulation of trade and industry. Under this head I would
include the coinage of money and the establishment of standard weights and
measures, laws against forestalling and engrossing, the licensing of trades,
etc., as well as the great matters of tariffs, navigation laws, and the like.
(2) The regulation of labor.
(3) The maintenance of thoroughfares, - including state management of
railways and that great group of undertakings which we embrace within the
comprehensive term 'Internal Improvements.'
(4) The maintenance of postal and telegraph systems.
(5) The manufacture and distribution of gas, the maintenance of water-
works, etc.
(6) Sanitation, including the regulation of trades for sanitary purposes.
(7) Education.
(8) Care of the poor and incapable.
(9) Care and cultivation of forests and like matters, such as the
stocking of rivers with fish.
(1) The keeping of order and providing for the protection of persons and property from violence and robbery.
(2) The fixing of the legal relations between man and wife and between parents and children.
(3) The regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or for crime.
4) The determination of contract rights between individuals.
(5) The definition and punishment of crime.
(6) The administration of justice in civil causes.
(7) The determination of the political duties, privileges, and relations of citizens.
(8) Dealings of the state with foreign powers: the preservation of the state from external danger or encroachment and the advancement of its international interests.
Ministrant functions - other functions which are undertaken, not by way of governing, but by way of advancing the general interests of society, - functions which are optional, being necessary only according to standards of convenience or expediency, and not according to standards of existence
(1) The regulation of trade and industry. Under this head I would
include the coinage of money and the establishment of standard weights and
measures, laws against forestalling and engrossing, the licensing of trades,
etc., as well as the great matters of tariffs, navigation laws, and the like.
(2) The regulation of labor.
(3) The maintenance of thoroughfares, - including state management of
railways and that great group of undertakings which we embrace within the
comprehensive term 'Internal Improvements.'
(4) The maintenance of postal and telegraph systems.
(5) The manufacture and distribution of gas, the maintenance of water-
works, etc.
(6) Sanitation, including the regulation of trades for sanitary purposes.
(7) Education.
(8) Care of the poor and incapable.
(9) Care and cultivation of forests and like matters, such as the
stocking of rivers with fish.
Forms of Government
1. According to the number of people exercising political power: Monarchy, Oligarchy, Democracy
a. Monarchy - ruled by a monarch (king,queen, emperor, etc.)
Absolute monarchy - the monarch has absolute poewer
Limited or constitutional monarchy - the monarch is the symbolic head of state within the perimeters of a constitution.
b. Oligarchy - political power is exercised by a few who belongs to a privileged class.
c. Democracy - political power is exercised by the majority of the people
Direct democracy - the will of the estate is formulated or expressed directly or immediately through the people in a mass meeting or assmbly.
Indirect democracy - the will of the estate is formulated or expressed through a select body of persons chosen by the people to act as their representative.
2. According to legitimacy: De facto and De jure
A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead.
De jure government is a government which rules legally and with the consent of the people, in contrast with a de facto government, which takes control of a country by force.
3. According to the relationship between the three branches of government: Presidential and Parliamentary
A presidential system is a system of government where an executive branch exists and presides (hence the name) separately from the legislature, to which it is not accountable and which cannot, in normal circumstances, dismiss it.
Features of Presidential System:
• The president does not propose bills. However, the president has the power to veto acts of the legislature.
• The president has a fixed term of office. Elections are held at scheduled times and cannot be triggered by a vote of confidence or other such parliamentary procedures.
• The executive branch is unipersonal. Members of the cabinet serve at the pleasure of the president and must carry out the policies of the executive and legislative branches.
• The power to pardon or commute sentences of convicted criminals is often in the hands of the heads of state in governments that separate their legislative and executive branches of government.
A parliamentary system is a system of government wherein the ministers of the executive branch are drawn from the legislature, and are accountable to that body, such that the executive and legislative branches are intertwined. In such a system, the head of government is both de facto chief executive and chief legislator.
Parliamentary systems are characterized by no clear-cut separation of powers between the executive and legislative branches, leading to a different set of checks and balances compared to those found in presidential systems. Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the head of government being the prime minister or premier, and the head of state often being a figurehead, often either a president (elected either popularly or by the parliament) or a hereditary monarch (often in a constitutional monarchy).
4. According to the extent of power of the national government: Unitary and Federal
A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that the central government chooses to delegate.
A federal system of government is one that divides the powers of government between the national (federal) government and state and local governments. Under federalism, each level of government has sovereignty in some areas and shares powers in other areas.
In a unitary state, subnational units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme.
In federal states, by contrast, states or other subnational units share sovereignty with the central government, and the states comprising the federation have an existence and power functions that cannot be unilaterally changed by the central government.
a. Monarchy - ruled by a monarch (king,queen, emperor, etc.)
Absolute monarchy - the monarch has absolute poewer
Limited or constitutional monarchy - the monarch is the symbolic head of state within the perimeters of a constitution.
b. Oligarchy - political power is exercised by a few who belongs to a privileged class.
c. Democracy - political power is exercised by the majority of the people
Direct democracy - the will of the estate is formulated or expressed directly or immediately through the people in a mass meeting or assmbly.
Indirect democracy - the will of the estate is formulated or expressed through a select body of persons chosen by the people to act as their representative.
2. According to legitimacy: De facto and De jure
A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead.
De jure government is a government which rules legally and with the consent of the people, in contrast with a de facto government, which takes control of a country by force.
3. According to the relationship between the three branches of government: Presidential and Parliamentary
A presidential system is a system of government where an executive branch exists and presides (hence the name) separately from the legislature, to which it is not accountable and which cannot, in normal circumstances, dismiss it.
Features of Presidential System:
• The president does not propose bills. However, the president has the power to veto acts of the legislature.
• The president has a fixed term of office. Elections are held at scheduled times and cannot be triggered by a vote of confidence or other such parliamentary procedures.
• The executive branch is unipersonal. Members of the cabinet serve at the pleasure of the president and must carry out the policies of the executive and legislative branches.
• The power to pardon or commute sentences of convicted criminals is often in the hands of the heads of state in governments that separate their legislative and executive branches of government.
A parliamentary system is a system of government wherein the ministers of the executive branch are drawn from the legislature, and are accountable to that body, such that the executive and legislative branches are intertwined. In such a system, the head of government is both de facto chief executive and chief legislator.
Parliamentary systems are characterized by no clear-cut separation of powers between the executive and legislative branches, leading to a different set of checks and balances compared to those found in presidential systems. Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the head of government being the prime minister or premier, and the head of state often being a figurehead, often either a president (elected either popularly or by the parliament) or a hereditary monarch (often in a constitutional monarchy).
4. According to the extent of power of the national government: Unitary and Federal
A unitary state is a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that the central government chooses to delegate.
A federal system of government is one that divides the powers of government between the national (federal) government and state and local governments. Under federalism, each level of government has sovereignty in some areas and shares powers in other areas.
In a unitary state, subnational units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme.
In federal states, by contrast, states or other subnational units share sovereignty with the central government, and the states comprising the federation have an existence and power functions that cannot be unilaterally changed by the central government.
State vs. Government
The government is only the agency through which the state expresses its will. As an essential element of the state, a state cannot exist without a government, but it is possible to have a government without a state.
A government may change, its form may change, but the state, as long as its essential elements are present, remains the same.
A government may change, its form may change, but the state, as long as its essential elements are present, remains the same.
State vs. Nation
State is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by a common social origin, language, customs, and traditions, and who believe that they are one and distinct from others.
A state is not subject to external control while a nation may or may not be independent.
A single state may consist of one or several nations and a single nation may also be made up of several states.
A state is not subject to external control while a nation may or may not be independent.
A single state may consist of one or several nations and a single nation may also be made up of several states.
Elements of State
1. People - the population living in a state.
2. Territory - includes the land, the rivers, the sea, and the air space which the jurisdiction of the sate extends.
3. Government - the agency through which the will of the state is formulated, expressed and carried out.
4. Sovereignty or independence - the power to command and enforce obedience free from foreign control.
2. Territory - includes the land, the rivers, the sea, and the air space which the jurisdiction of the sate extends.
3. Government - the agency through which the will of the state is formulated, expressed and carried out.
4. Sovereignty or independence - the power to command and enforce obedience free from foreign control.
Origin of State
There are several theories on the origin of state, but it is not known exactly which is of them is the correct one.
1. Divine right theory - state is of divine creation and the ruler is ordained by God to govern the people.
2. Necessity or force theory - state is created through force, by strong warriors who imposed their will upon the weak.
3. Paternalistic theory - state comes from the expansion of family, under the authority of the father. Family grew into a clan, then developed into tribe which broadened into a nation, and a nation became a state.
4. Social contract theory - states have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.
1. Divine right theory - state is of divine creation and the ruler is ordained by God to govern the people.
2. Necessity or force theory - state is created through force, by strong warriors who imposed their will upon the weak.
3. Paternalistic theory - state comes from the expansion of family, under the authority of the father. Family grew into a clan, then developed into tribe which broadened into a nation, and a nation became a state.
4. Social contract theory - states have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good.
The State
A state is a community of persons, more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great of inhabitants render obeience, and enjoying freedom from external control.
Tools of Politics: Power and Authority
Power - refers broadly to any ability to effect change or exert control over either things or people, subjects or objects.
Authority - refers to a claim of legitimacy, the justification and right to exercise that power.
In government, authority is often used interchangeably with the term "power". However, their meanings differ: while "power" is defined as "the ability to influence somebody to do something that he could not have done", "authority" refers to a claim of legitimacy, the justification and right to exercise that power. For example, whilst a mob has the power to punish a criminal, for example by lynching, people who believe in the rule of law consider that only a court of law has the authority to order capital punishment.
Authority - refers to a claim of legitimacy, the justification and right to exercise that power.
In government, authority is often used interchangeably with the term "power". However, their meanings differ: while "power" is defined as "the ability to influence somebody to do something that he could not have done", "authority" refers to a claim of legitimacy, the justification and right to exercise that power. For example, whilst a mob has the power to punish a criminal, for example by lynching, people who believe in the rule of law consider that only a court of law has the authority to order capital punishment.
Social Science and Political Science
Social sciences are the fields of scientific knowledge and academic scholarship that study social groups and, more generally, human society. As such, of one of the branches of social science is political science which is the systematic study of state and government. The word "political" comes from the Greek word "polis", meaning a city, or what today would be the equivalent of sovereign state. The word science is from the Latin word "scire", "to know".
Political science is a very comprehensive field. Its curriculum is almost certain to include courses in political theory, public law, and public administration as well as in various more specialized subjects such as local government, political parties, elections, public opinions, and others.
Political science is a very comprehensive field. Its curriculum is almost certain to include courses in political theory, public law, and public administration as well as in various more specialized subjects such as local government, political parties, elections, public opinions, and others.
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