POLITICAL LAW (C
)REVIEWER & MEMORY AIDA
Louie, Carrie, Evelyn, Thel, Gem, Ronald
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
1. The Philippines is a democratic and republican State. Sovereignty residesin the people and all government authority emanates from them.Elements of a State (for municipal law purposes) CODE: PTSG
A community of persons, more or less numerous (
Permanently occupying a definite portion of territory (
Independent of external control (
Possessing an organized government to which the great body of inhabitants render habitual obedience (
Definition of “People” CODE: CNCH
ommunity of persons;
apable of maintaining the continued existence of the community; and
eld together by a common bond of law.
Definition of “Sovereignty”
1.LEGAL sovereigntya.The supreme power to make law.b.It is lodged in the people.2.POLITICAL sovereigntya.The sum total of all the influences in a state,b.Legal and non-legal,c.Which determine the course of law.
According to the
Principle of AUTO-LIMITATION
:Sovereignty is the property of the state-force due to which it has the exclusivecapacity of legal self-determination and self-restriction.
Definition of “Government”
1.That institution or aggregate of institutions2.by which an independent society3.makes and carries out those rules of action4.which are necessary to enable men to live in a social state5.or which are imposed upon the people forming that society by those who possessthe power or authority of prescribing them.
Classification of governments
- one established by the authority of the legitimate sovereign2.
- one established in defiance of the legitimate sovereign