Concept of Political

Science, State, Politics,

Government, Governance
and Administration
 Political Science

It is the systematic study of and

reflection upon politics. Politics
usually describes the processes
by which people and institutions
exercise and resist power.
Political Science is the systematic
study of the state and government.

The word political is derived from the

Greek polis, meaning a city, of what
today would be equivalent of
sovereign state.

Science comes from the Latin scire,

to know
Scope of Political Science:

1. Political theory
2. Public Law
3. Public Administration
Political Theory
It refers to the entire body of
doctrines relating to the origin,
form, behaviour, and purposes
of the state are dealt with the
study of political theory.
Public Law the (a)
organization of governments, (b)
the limitations upon government
authority, (c) the powers and
duties of governmental offices
and officers, and (d) the
obligations of one state to
another are handled in the study
of public law.
Private Laws are the one which
govern the relations among
individuals, public law is so
specialized that separate courses
offered in each of its
subdivisions, namely: (a)
constitutional law, (b)
administrative law, and (c)
international Law.
Public Administration -
attention is focused upon
methods and techniques used
in the actual management of
the state affairs by executive,
legislative, and judicial
branches of government.
N.B, today, legislative bodies
have been forced to delegate
greater discretion to executive
officers responsible for the
conduct of government policies
and powers. Thus we find many
administrative agencies
exercising quasi-legislative and
quasi-judicial powers.
Interrelationship of Political
Science with other branches of
learning:
1. History
History is past politics and
politics is present history.
Political Scientist adopts a
historical approach and
employs knowledge of the past
when he seeks to interpret
present and probable
developments in political
phenomena.
2. Economics

Refers to the study of

production, distribution, and
conservation, and consumption
of wealth.
Political Scientist adopts an
economic approach when
seeking to interpret matters like
public financial policies and
government regulation of
business.
3. Geography Geopolitics
It is concerned with the study of
the influences of physical factors
such as population pressures,
sources of raw materials,
geography, etc. Upon domestic
and foreign politics.
4. Sociology & anthropology
It is deeply concerned with the
origins and nature of social control
and governmental authority, with
the abiding influences of race and
culture upon society, & with the
patterns of collective human
behavior.
5. Psychology
It promotes studies of the
mental and emotional processes
motivating the political behavior of
individuals and groups. Particular
topics under this are: public
opinion, pressure groups, and
propaganda.
6. Philosophy
The concepts and doctrines of
Plato, Aristotle & Locke are
important to the specialist in
academic philosophy and also
to the political scientist.
7. Statistics and Logic
Political theorist must have
abroad background &
knowledge of current political
problems and he must employ
scientific methods in gathering
and evaluating the data & in
drawing conclusions.
8. Jurisprudence
This branch of public law is
concerned with the analysis of
existing legal systems & also
with the ethical, historical,
sociological, & psychological
foundations of law.
 Concepts of State
Meaning of the State
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 body of
inhabitants render obedience, and
enjoying freedom from external
control.
Elements of State:
1. People
2. Territory
3. Government
4. Sovereignty
5. Recognition
1. People
This refers to the mass of population
living within the state. There is no
requirement as to the number of people
that should compose a state. But it
should be neither too small nor too large:
small enough to be well-governed and
large enough to be self-sufficing.
The smallest state is Vatican. China has
the largest population.
2. Territory
Components of Territory:

1. Terrestrial/land mass
2. Aerial
3. Fluvial
4. Maritime Domain
The smallest state is Vatican
State with an area of 0.43
square kilometres. It would fit
in Rizal Park in Manila. The
biggest state is Canada with
an area of 3,852,000 square
miles which covers a surface
nearly as large as Europe.
The Philippines has a total land
area of about 115,707 square
miles .

3. Government
It refers to the agency through
which the will of the state is
formulated, expressed and
carried out.
4. Sovereignty
It is the supreme power of the
state to command and enforce
obedience to its will from
people within its jurisdiction,
and to have freedom from
foreign control.
Two manifestations of Sovereignty:
1. Internal or the power of the state
to rule within its territory;
2. External or the freedom of the
state to carry out its activities without
subjection or control by other states.
External sovereignty is often referred
to as independence.
N.B these internal and external
aspects of sovereignty are not
absolutely true in practice
because of the development of
international relations and
consequently international law.
5. Recognition
1.Legal sovereignty is the possession of
unlimited power to make laws. It is the
authority by which law has the power to
issue commands.

2.Political sovereignty is the sum total of all

the influences in a state which lie behind
the law. It is roughly defined as the power
of the people.
 What is imperium? Dominium?

Imperium is the right of the State to pass or

enact its own laws and employ force to
secure obedience thereto, maintain peace
and order within its territorial limits, defend
the State against foreign invasion, and do
any other act of government over its people
and territory.
Dominium refers to the independent
proprietary right of possession, use,
conservation, disposition or sale, and
control by the State over its territorial
lands.
How do you treat the Claim of the Phils.
Over Sabah? Is it imperium or
dominium?
Answer:
It is both imperium and dominium. We
seek to own exclusively Sabah and in
so owning, we have to exercise our
sovereignty to govern the same.
 Characteristics of Sovereignty

1. Permanence;
2. Exclusivity;
3. Comprehensiveness;
4. Absoluteness;
5. Individuality;
6. Inalienability; and
7. Imprescritibility
Permanence means it exist in the same form
forever or for a very long time.

Exclusivity means it is limited to a group of

people.

Comprehensiveness means including everything,

so as to be complete comprehensive
knowledge of the subject.

Absoluteness means possessing unlimited

power: having total power and authority.
Individuality means the state or condition of
being separate from others.

Inalienability means it is impossible to take

away or not able to be transferred or taken
away, e.g. because of being protected by
law.

Imprescribility it means not to be taken

away or impossible to remove or violate the
people's imprescriptible rights.
 Governance

1. manner of government: the system or

manner of government;

2. state of governing a place: the act or

state of governing a place;

3. authority: control or authority

 ADMINISTRATION

It means the management of the

affairs of a business, organization, or
institution.
 GOVERNMENT

Forms of Government:
The principal forms are the
following:
1.As to number of persons
exercising sovereign powers;
2. As to extent of powers
exercised by the central or
national government;
3. As to relationship between the
executive and the legislative
branches of the government;
4. As to source of power or
authority:
1. As to number of persons
exercising sovereign powers:

A. Government by one
A1) Monarchy or one in which
the supreme and final authority
is in the hands of a single
person without regard to the
source of his election or the
nature or duration of his tenure.
Monarchies are further
classified into:
Monarchy, form of government
in which one person has the
hereditary right to rule as head
of state during his or her
lifetime; the term is also applied
to the state so governed.
Monarchs include such rulers as
kings and queens, emperors and
empresses, tsars, and kaisers.

Two types of Monarchical

government:
1. Absolute Monarchy or one in
which the ruler rules by divine
right; and
2. Limited monarchy or one in
which the ruler rules in
accordance with a constitution.
The power of the monarch
varies from absolute to very
limited; the latter is exemplified
in modern-day constitutional
monarchies.
A2 Authoritarian or one in which
the supreme power of the
dictator whose power is usually
through force.
1. strict and demanding
obedience: favoring strict rules
and established authority;
2. demanding political
obedience: belonging to or
believing in a political system in
which obedience to the ruling
person or group is strongly
enforced.
B. Government by few
B1 Aristocracy or one in
which political power is
exercised by few privileged
class.
1. people of highest social
class: people of noble families
or the highest social class
2. superior group: a group
believed to be superior to all
others of the same kind
3. government by elite:
government of a country by a
small group of people,
especially a hereditary nobility
4. state run by elite: a state
governed by an aristocracy.
B2 Oligarchy
1. small governing group: a
small group of people who
together govern a nation or
control an organization, often for
their own purposes;
2. entity ruled by oligarchy: a
nation governed or an
organization controlled by an
oligarchy;
3. government by small group:
government or control by a
small group of people.
Sources of their power:
1. By birth2. By wealth3. By wisdom
In an aristocracy, although the
power of government is wielded by
a few, theoretically the
administration of government is
carried on for the welfare of the
many.
Whenever the interests of the
people as a whole are made
subservient to the selfish
interests of the rulers,
aristocracy becomes a form of
government known as oligarchy.
C. Government by many

C1 Democracy or one in which

political power is exercised by
the majority of the people. It is
further classified into:
C1.1 Direct or pure democracy or
one in which the will of the state is
formulated or expressed directly
and immediately through the
people in a mass meeting or
primary assembly rather than
through the medium of
representatives chosen by the
people to act for them.
C1.2 Indirect, representative or
republican democracy or one in
which the will of the state is
formulated and expressed through
the agency of a relatively small
and select body of persons chosen
by the people to act as their
representatives.
2. As to extent of powers
exercised by the central or
national government:
A. Unitary government or
one in which the control of
national and local affairs is
exercised by the national
government;
B. Federal government or one
in which the powers of
government are divided
between two sets of organs,
one for national affairs and the
other for local affairs, each
organ being supreme within its
own sphere.
Dist. bet. Federal & Unitary Govt

Federal states, such as the U.S.

and Switzerland, comprise unions
of states in which the authority of
the central or national government
is constitutionally limited by the
legally established powers of the
constituent subdivisions.
 In unitary states, such as
the United Kingdom and
Belgium, the constituent
subdivisions of the state are
subordinate to the authority of
the national government.
Countries with federal political
systems have both a central
government and governments
based in smaller political units,
usually called states, provinces, or
territories. These smaller political
units surrender some of their
political power to the central
government, relying on it to act for
the common good.
In a federal system, laws are
made both by state, provincial, or
territorial governments and by a
central government. In the
United States, for example,
people who live in the state of
Ohio must obey the laws made
by the Ohio legislature and the
Congress of the United States.
Federal political systems divide
power and resources between
central and regional governments.
Central governments decide issues
that concern the whole country,
such as organizing an army,
building major roads, and making
treaties with other countries.
In unitary systems, with laws giving
virtually all authority to the central
government. The central
government may delegate duties to
cities or other administrative units,
but it retains final authority and can
retract any tasks it has delegated.
The central government in a
unitary system is much more
powerful than the central
government in a federal system.
3. As to relationship between the
executive and the legislative
branches of the government:
A. Parliamentary government or
cabinet govt. is one in which the
executive and legislative branch of
the government are dependent or
executive branch is part of the
legislative branch.
B. Presidential government or
one in which the state makes
the executive independent from
the legislative.
Distinctions bet. Presidential &
Parliamentary
In parliamentary
governments, of which the
United Kingdom, India, and
Canada are examples, the
executive branch is subordinate
to the legislature.
 In presidential
governments, such as in the
U.S., the executive is
independent of the legislature,
although many of the
executive's actions are subject
to legislative review.
4. As to source of power or
authority:
A. De facto is one not so
constituted or founded with the
existing constitution but has the
general support of the people
and has effective control of the
territory over which it exercises
its powers.
B. De Jure is one which is
constituted or founded in
accordance with the existing
constitution of the state but has
no control of the territory.

C. Hereditary & Elective

 Checks and
Balances, the doctrine and prac
tice of dispersing political power
and creating mutual
accountability among political
entities such as the courts, the
president or prime minister, the
legislature, and the citizens.
The system of checks and
balances is a basic feature of the
United States government.
The first check comes from the fact
that different branches of the
government have overlapping
authority, so each branch can act
as a limit on the other.
For example, the president can
veto an act of Congress. A two-
thirds majority in Congress can
then override the presidents
veto. The president appoints
major federal officials, but only if
the Senate by majority vote
agrees.
Separation of
Powers, the doctrine and practi
ce of dividing the powers of a
government among different
branches to guard against
abuse of authority.
 A government of separated
powers assigns different political
and legal powers to the
legislative, executive, and
judicial branches. The
legislative branch has the
power to make laws.
The executive branch has the
authority to administer the law
primarily by bringing
lawbreakers to trialand to
appoint officials and oversee the
administration of government
responsibilities.
 The judicial branch has the
power to try cases brought to
court and to interpret the
meaning of laws under which
the trials are conducted.
A government of separated
powers is less likely to be
tyrannical and more likely to
follow the rule of law: the
principle that government action
must be constrained by laws.
A separation of powers can also
make a political system more
democratic by making it more
difficult for a single ruler, such
as a monarch or a president, to
become dictatorial.
The division of powers also
prevents one branch of
government from dominating
the others or dictating the laws
to the public. Most democratic
systems have some degree of
separation of powers.
 POLITICAL IDEOLOGIES

Liberalism, attitude, philosophy,

or movement that has as its
basic concern the development
of personal freedom and social
progress.
The course of liberalism in a
given country is usually
conditioned by the character of
the prevailing form of
government.
For example, in countries in
which the political and religious
authorities are separate,
liberalism connotes, mainly,
political, economic, and social
reform.
 In countries in which a state
church exists or a church is
politically influential, liberalism
connotes, mainly,
anticlericalism.
 In domestic politics, liberals
have opposed feudal restraints
that prevent the individual from
rising out of a low social status;
barriers such as censorship that
limit free expression of opinion;
and arbitrary power exercised
over the individual by the state.
In international politics,
liberals have opposed the
domination of foreign policy by
militarists and military
considerations and the
exploitation of native colonial
people, and they have sought to
substitute a cosmopolitan policy
of international cooperation.
 In economics, liberals have
attacked monopolies and
mercantilist state policies that
subject the economy to state
control.
 In religion, liberals have
fought against church
interference in the affairs of the
state and attempts by religious
pressure groups to influence
public opinion.
Conservatism, a general state o
f mind that is averse to rapid
change and innovation and
strives for balance and order,
while avoiding extremes.
Originally conservatism arose
as a reaction against the Age of
Enlightenment.
Conservatives advocated belief
in faith over reason, tradition
over free inquiry, hierarchy over
equality, collective values over
individualism, and divine or
natural law over secular law.
Conservatism emphasizes the
merits of the status quo and
endorses the prevailing
distribution of power, wealth,
and social standing.
 Democracy (Greek demos,
the people; kratein, to rule),
political system in which the
people of a country rule through
any form of government they
choose to establish.
In modern democracies,
supreme authority is exercised
for the most part by
representatives elected by
popular suffrage.
The representatives may be
supplanted by the electorate
according to the legal
procedures of recall and
referendum, and they are, at
least in principle, responsible to
the electorate.
Socialism, economic and social
doctrine, political movement
inspired by this doctrine, and
system or order established
when this doctrine is organized
in a society.
The socialist doctrine demands
state ownership and control of the
fundamental means of production
and distribution of wealth, to be
achieved by reconstruction of the
existing capitalist or other political
system of a country through
peaceful, democratic, and
parliamentary means.
 The doctrine specifically
advocates nationalization of
natural resources, basic
industries, banking and credit
facilities, and public utilities.
It places special emphasis on
the nationalization of
monopolized branches of
industry and trade, viewing
monopolies as inimical to the
public welfare.
 It also advocates state
ownership of corporations in
which the ownership function
has passed from stockholders
to managerial personnel.
 Capitalism, economic syste
m in which private individuals
and business firms carry on the
production and exchange of
goods and services through a
complex network of prices and
markets.
 Capital in this sense means
the buildings, machines, and
other equipment used to
produce goods and services
that are ultimately consumed.
 Second, economic activity is
organized and coordinated
through the interaction of buyers
and sellers (or producers) in
markets.
 Third, owners of land and
capital as well as the workers
they employ are free to pursue
their own self-interests in
seeking maximum gain from the
use of their resources and labor
in production.
 This principle, called
consumer sovereignty, reflects
the idea that under capitalism
producers will be forced by
competition to use their
resources in ways that will best
satisfy the wants of consumers.
 Fourth, under this system a
minimum of government
supervision is required; if
competition is present,
economic activity will be self-
regulating.
 Communism, a theory and s
ystem of social and political
organization that was a major
force in world politics for much
of the 20th century.
 As a political movement,
communism sought to
overthrow capitalism through a
workers revolution and
establish a system in which
property is owned by the
community as a whole rather
than by individuals.
 In theory, communism would
create a classless society of
abundance and freedom, in
which all people enjoy equal
social and economic status.
 In practice, communist regimes
have taken the form of coercive,
authoritarian governments that
cared little for the plight of the
working class and sought above
all else to preserve their own hold
on power.
 POLITICAL THINKERS

I. Ancient Political Thinkers:

1. Socrates
2. Plato
3. Aristotle
1. Socrates
Greek philosopher and teacher
who lived in Athens, Greece, in the
400s BC. He profoundly altered
Western philosophical thought
through his influence on his most
famous pupil, Plato, who passed
on Socrates' teachings in his
writings known as dialogues.
Socrates taught that every
person has full knowledge of
ultimate truth contained within
the soul and needs only to be
spurred to conscious reflection
in order to become aware of it.
His criticism of injustice in
Athenian society led to his
prosecution and a death
sentence for allegedly
corrupting the youth of Athens.
 Attitude towards Politics

Socrates was obedient to the

laws of Athens, but he generally
steered clear of politics,
restrained by what he believed
to be divine warning.
He believed that he had
received a call to pursue
philosophy and could serve his
country best by devoting himself
to teaching, and by persuading
the Athenians to engage in self-
examination and in tending to
their souls.
He wrote no books and
established no regular school of
philosophy. All that is known
with certainty about his
personality and his way of
thinking is derived from the
works of two of his distinguished
scholars: Plato & Xenophon
He was charged in 399 BC with
neglecting the gods of the state
and introducing new divinities, a
reference to the daemonion, or
mystical inner voice, to which
Socrates often referred.
He was also charged with
corrupting the morals of the
young, leading them away from
the principles of democracy.
He was condemned to die,
although the vote was carried by
only a small majority.
Socrates' friends planned his
escape from prison, but he
preferred to comply with the
law and die for his cause.
His last day was spent with his
friends and admirers, and in the
evening he calmly fulfilled his
sentence by drinking a cup of
hemlock according to a
customary procedure of
execution.
2. Plato
Plato (428?-347 BC), Greek
philosopher, one of the most
creative and influential thinkers
in Western philosophy.
He was born to an aristocratic
family in Athens.
His father, Ariston, was believed
to have descended from the
early kings of Athens.
Perictione, his mother, was
distantly related to the 6th-
century BC lawmaker Solon.
The Republic, Plato's major
political work, is concerned with
the question of justice and
therefore with the questions
what is a just state and who is
a just individual?
The ideal state, according to Plato,
is composed of three classes. The
economic structure of the state is
maintained by the merchant class.
Security needs are met by the
military class, and political
leadership is provided by the
philosopher-kings.
A particular person's class is
determined by an educational
process that begins at birth and
proceeds until that person has
reached the maximum level of
education compatible with
interest and ability.
Those who complete the entire
educational process become
philosopher-kings.
Plato divides the human soul
into three parts: the rational
part, the will, and the appetites.
The just person is the one in
whom the rational element,
supported by the will, controls the
appetites. An obvious analogy
exists here with the threefold class
structure of the state, in which the
enlightened philosopher-kings,
supported by the soldiers, govern
the rest of society.
3. Aristotle
Aristotle was born at Stagira, in
Macedonia, the son of a
physician to the royal court. At
the age of 17, he went to Athens
to study at Plato's Academy.
In politics, many forms of
human association can
obviously be found; which one
is suitable depends on
circumstances, such as the
natural resources, cultural
traditions, industry, and literacy
of each community.
Aristotle did not regard politics
as a study of ideal states in
some abstract form, but rather
as an examination of the way in
which ideals, laws, customs,
and property interrelate in actual
cases.
John Locke (1632-
1704), English philosopher
Locke was born in the village of
Wrington, Somerset, on August
29, 1632. He was educated at
the University of Oxford and
lectured on Greek.
Locke's views, in his Two
Treatises of Government (1690),
attacked the theory of divine
right of kings and the nature of
the state as conceived by the
English philosopher and political
theorist Thomas Hobbes.
Locke argued that sovereignty
did not reside in the state but
with the people, and that the
state is supreme, but only if it is
bound by civil and what he
called natural law.
Many of Locke's political ideas,
such as those relating to natural
rights, property rights, the duty
of the government to protect
these rights, and the rule of the
majority, were later embodied in
the U.S. Constitution.
Locke further held that
revolution was not only a right
but often an obligation, and he
advocated a system of checks
and balances in government.
He also believed in religious
freedom and in the separation
of church and state.
THOMAS HOBBES
He was born 1588-1679,
English philosopher and political
theorist (see Political Theory),
one of the first modern Western
thinkers to provide a secular
justification for the political
state.
Hobbes held that since people
are fearful and predatory they
must submit to the absolute
supremacy of the state, in both
secular and religious matters, in
order to live by reason and gain
lasting preservation.
Karl marx
Karl Marx (1818-
1883), German political
philosopher and revolutionist,
cofounder with Friedrich Engels
of scientific socialism (modern
communism), and, as such, one
of the most influential thinkers of
all times.
That the history of society is a
history of struggles between
exploiting and exploited, that is,
between ruling and oppressed,
social classes.
 That the capitalist class
would be overthrown and that it
would be eliminated by a
worldwide working-class
revolution and replaced by a
classless society.
He believed that between the
capitalist and communist
systems of society lies the
period of the revolutionary
transformation of the one into
the other.
This corresponds to a political
transition period, whose state
can be nothing else but the
revolutionary dictatorship of the
proletariat.
Adam Smith
 He was born in 1723-1790, British
philosopher and economist.
The central thesis of The Wealth
of Nations is that capital is best
employed for the production and
distribution of wealth under
conditions of governmental non-
interference, or laissez-faire, and
free trade.
In Smith's view, the production and
exchange of goods can be
stimulated, and a consequent rise
in the general standard of living
attained, only through the efficient
operations of private industrial and
commercial entrepreneurs acting
with a minimum of regulation and
control by governments.
To explain this concept of
government maintaining a
laissez-faire attitude toward
commercial endeavors, Smith
proclaimed the principle of the
invisible hand
 Every individual in pursuing
his or her own good is led, as if
by an invisible hand, to achieve
the best good for all. Therefore
any interference with free
competition by government is
almost certain to be injurious.
Jean Jacques Rousseau
 He was born on 1712 & died
1778. He is French philosopher,
social and political theorist,
musician, botanist, and one of
the most eloquent writers of the
Age of Enlightenment.
He contributed greatly to the
movement in Western Europe
for individual freedom and
against the absolutism of church
and state.
 His conception of the state as
the embodiment of the abstract
will of the people and his
arguments for strict
enforcement of political and
religious conformity are
regarded by some historians as
a source of totalitarian ideology.
 CONSTITUTION

It is a system of fundamental
laws or principles for the
government of nation, society,
corporation or other aggregation
of individuals and it may be
either written or unwritten.
 It is a written enactment by the
direct action of the people by
which the fundamental powers of
the government are established,
defined and limited and by which
those powers are distributed
among several departments for
their safe and useful exercise for
teh benefit of the body politic.
 BASIC PURPOSES OF
CONSTITUTION:
1. Prescribes the permanent
framework of the system of
government;
2. It assigns to the different
departments their respective
powers and duties; &
3. It establishes basic principles
on which the government is
founded.
 DIFFERENT KINDS OF
CONSTITUTION:
1. As to form:
a. Written one which has
been reduced in writing at a
particular time fashioned out
usually by a constitutional
convention; &
 b. Unwritten one that is the
product of political evolution,
both in form and in substance,
not inaugurated at any specific
time and changing by accretion
rather than by systematic
method.
2. As to origin
a. Cumulative or evolved one
where it has its origin mainly on
customs, common law principles,
and decisions of courts. It is the
product of historical evolution and
growth rather than of deliberate
and formal enactment.
 b. Convention or enactment
one that is the product of
deliberate assembly and
consciously adopted formally.
3. As to modality of amendment
a. Rigid one that cannot be
amended except by the very
procedure spelled out in that
Charter itself which is rigid.
 b. Flexible one which
possesses no higher legal
authority than ordinary laws
which can be amended easily.
 ADVANTAGES OF WRITTEN
CONSTITUTION:
1. It is frequently the only possible
starting point for the foundation and
growth of civil institutions and often
forms the first available means to give
civil dignity and political consciousness
to the people, as well as the beginning
of a distinct delineation of power.
2. In times of political apathy, it
forms the bridge to pass over
to better times.
3. It gives a strong feeling of right
and a powerful impetus to
action to have the written law
clearly on ones side.
4. It serves as a beacon to apprise
the people when their rights and
liberties are invaded and
endangered.
5. It furnishes a text to which those
who are watchful may again rally
and recall the people in moments
of passion and delusion.
6. It protects the people from
frequent and violent fluctuations
of public opinion.
DISADVANTAGES OF WRITTEN
CONSTITUTION:

1. It establishes iron-clad rules

which are difficult to change
even if found inconvenient or
oppressive.
2. It is often construed on
technical principles rather than
in the light of great principles.
3. It is likely to invade the
domains of ordinary legislation
The advantage and disadvantage
of unwritten constitution.

The chief advantage of an

unwritten constitution is its
flexibility and elasticity which is
reflective at all times to the
correct expression of the
progressive and changing
necessities of the State.
Its principal weakness lies in
the fact that it is subject to
perpetual changes at the will of
the law-making power.
 Major parts of a Constitution:
1. The Constitution of
Government
That portion which
establishes the major organs of
government and defines and
allocates these powers among
the several departments.
2. The Constitution of Liberty
The provisions guaranteeing
individual rights which may be
invoked against the massive
powers of the government in
case of excesses or abuses.
3. Constitution of Sovereignty
That part of the Constitution
where it spells out the authority
of the people as the repository
of sovereignty to approve or
change a Constitution.
 Requisites of a good
Constitution:

1. It must be broad
It must outline an
organization of the government
for the whole State.
2. It must be brief
It is a document that should
not be too detailed in form.
3. It must be definite
Clarity and definiteness are
indispensable ingredients of a
Constitution.
 CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES

1. The Malolos Constitution

2. The 1935 Constitution
3. The 1973 Constitution
4. The Freedom Constitution
5. The 1987 Constitution

Basic Principles underlying the

new Constitution:
1. Recognition of the Aid of
Almighty God; (preamble)
2. Sovereignty of the People (Art.
II Sec. 1)
3. Renunciation of war as an
instrument of national policy
(Art. II Sec. 2)
4. Supremacy of civilian authority
over military (Art. II Sec. 3)
5. Separation of church and
State (Art. II Sec. 6)
6. Recognition of the importance
of the family as basic social
institution and of the vital role of
the youth in nation-building (Art.
II Secs. 12, 13 & Art. XV)
7. Guarantee of human rights
(Art. III Secs. 1-22)
8. Government through suffrage
(Art. V Sec. 1)
9. Separation of powers (Art. VI,
Sec. 1)
10. Independence of the judiciary
(Art. VIII Sec.1)
11. Guarantee of local autonomy
(Art. X, Sec 2)
12. High sense of public service
morality & accountability of
public officers (Art. XI, Sec. 1)
13. Nationalization of natural
resources and certain private
enterprises affected with public
interest (Art. XII Secs. 2,3,17
18)
14. Non-suability of the State (Art
II. Sec. 16)
15. Rule of majority
16. Government of laws and not
of men
 Article XVII
AMENDMENTS OR
REVISION
Sec. 1 Any amendment to, or
revision of, this Constitution may be
proposed by:

(1)The Congress, upon a vote of

three-fourths of all its Members; or
(2) A constitutional convention.
 Amendment is a change
effected in some parts of the
Constitution without
considering the whole
document.
 Revision is a rewriting or
substantial changing in the
Constitution viewed in it
entirety.
Importance of amending
procedure:
No Constitution, however
gifted its framers, is likely to
prove adequate for an indefinite
period. There are problems that
no human foresight can
anticipate.
 As conditions are never
static, so must the fundamental
law be freed from the constraint
of rigidity. While it is reduced to
writing, it should not be devoid
of the element of flexibility.
Methods by which
amendment/revision may be
proposed:
Sec. 1&2 prescribe three (3)
methods for proposing ant
amendment to, or revision of the
Constitution, namely:
1. By Congress, as a constituent
assembly, upon a vote of three-
fourths of all its members
voting separately;
2. By Constitutional Convention
called for the purpose;
3. By the People directly,
through Initiative upon petition
of the required number of
registered voters.
N.B. The vote requirement is
more stringent if the
amendments are proposed by
Congress itself. This is to insure
more deliberations and deeper
study and consideration of the
merits of the proposed changes
to the fundamental law.
Sec. 2, Art. XVII
Amendments to this
Constitution may likewise be
directly proposed by the people
through initiative upon petition
of at least twelve per centum of
the total number of registered
voters, of which every legislative
district must be represented by
at least three per centum of the
registered voters therein.
 No amendments under this
section shall be authorized
within five years following the
ratification of this Constitution
nor oftener than once every five
years thereafter.
 The Congress shall provide
for the implementation of the
exercise of this right.
Amendments proposed by the
people through initiative.

Sections 2 & 4 (par.2) enshrined

for the first time the people
power to effect changes in the
fundamental law. Under the
concept of initiative (Art.VI, Sec.
32).
 The people may directly
propose amendments to the
Constitution should Congress
be remiss in its duty under the
two traditional modes available
to it.
The requirements are:
1. There must be a petition of at
least 12% of the total number
of registered voters;
2. Every legislative district must
be represented by at least 3% of
the registered voters thereof;
The amendment through
initiative is not made within five
(5) years thereafter.

Congress is required to
provide by law for the
implementation of the exercise
of this right.
 Once the required number of
voters signature is complied with,
Congress is bound to submit the
proposed amendments to the
people in a plebiscite.
 The above requirements are
designed to ensure that a sizeable
portion of the population really
desire to propose the amendment
and at the same time avoid
frequent changes in the
fundamental law which are not
conducive to political stability.
Sec. 3, Art. XVII
The Congress may, by a vote
of two-thirds of all its Members,
call a constitutional convention,
or by a majority vote of all its
members, submit to the
electorate the question of calling
such a convention.
 Method by which constitutional
convention may be called.
1. Congress by two-thirds vote of
all its members may call a
constitutional convention; or
2. Congress by a majority vote of
all its members (in case neither
the nor 2/3 vote can be
mustered) may toss the
question to call a constitutional
Convention to the electorate in
an election.
 Constitutional Convention is a
body assembled for the
expressed purpose of framing
the constitution, or revising the
existing Constitution, or
formulating amendments to it for
the approval of the electorate.
Sec. 4, Art. XVII
Any amendment to, or revision
of, this Constitution under Section 1
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later
than ninety days after approval of
such amendment.
 Any amendment under Sec. 2
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
later than sixty days nor later than
ninety days after certification by
the Commission on Elections of
the sufficiency of the petition.
 Ratification means the direct
approval by the people of the
amendment to, or revision of
the constitution. It is the final
act to make any change in the
constitution valid as part
thereof.
 1987 CONSTITUTION

Preamble

Q. Is preamble an integral part of

the Constitution? What is the
purpose of Preamble? Is it a
source of substantive power?
Answer:
The Preamble is not an
integral part of the Constitution.
It merely serves to give an
introductory statement and
convey to the reader the
principal objectives sought to be
accomplished by the
Constitution in broad-terms.
Q. What is the purpose of
Preamble?
Answer: While the preamble is not
an integral part of the Constitution
yet its true office is to expound
on the scope and nature, extent
and application of the powers
actually conferred by the
Constitution and not to
substantially create them.
 It is an aid or devise to help
ascertain the meaning of
provisions of the Constitution
when the intendment of the
framers are unclear and
ambiguous.
Q. Is it a source of substantive power?

Answer:
The Preamble cannot be
considered as a source of substantive
power unless apart from the
Preamble, it is to be found in express
form in the distribution of powers.
Difference between 1935 & 1987 Constitution
esp. In Preamble

Q. In both the 1973 & 1987 Constitutions

the Preamble starts with the declaration
we, the sovereign Filipino people,
while the 1935 Constitution started with
the The Filipino people. What is the
significance of the variance in
phraseology?
Answer:
The phrase The Filipino
people as used in the 1935
Constitution creates the first
impression that the Filipinos were
allowed to adopt a Constitution of
their own only upon permission of
a foreign master.
 Article I National Territory

Territory is an area of the earths

surface which is the subject of
sovereign rights and interests. It is
that definite or aliquot area of the
earths surface within which a State
exercises jurisdiction, subject to the
limitations imposed by international
law.
 Q. What is the territory of the
Philippines?
Answer: NATIONAL TERRITORY
(Art. I)
The National Territory
comprises the Philippine
archipelago, with all the islands
and waters embraced therein,
and all other territories over
which the Philippines has
sovereignty or jurisdiction,
consisting of its terrestrial,
fluvial and aerial domains,
including its territorial shelves,
and other submarine areas.
 The waters around, between,
and connecting the islands of
the archipelago, regardless of
their breadth and dimensions,
form part of the internal waters
of the Philippines.
 Q. Discuss the archipelagic
doctrine

Answer: The archipelagic

doctrine which is now an
accepted principle of public
international law means the
integration of a group of islands
to the sea and their oneness so
that together they constitute one
unit, one country and one state.
A single base line is drawn
around the islands by joining
appropriate points of the outermost
islands of the archipelago with
straight base lines. The waters
within the baselines are considered
as internal waters.
Q. What are the modes of acquiring
territory?

Answer:
The conventional modes of
acquiring territory are:

1. Discovery it is the oldest mode

of acquiring territory.
To be valid and effective,
discovery must be accompanied
by occupation, management
and administration of the island
discovered.
2. Prescription the continued
occupation of a territory for a
long period of time by one state.
3. Accretion it is a process
where the land area of a State
caused by the operation of
either the forces of nature, or
artificially, through human labor,
is increased.
4. Cession is a bilateral agreement
whereby one State transfers over a
definite portion of a territory to
another.

5. Conquest is the acquisition of a

territory by the use of force which
reduces the vanquished territory to the
submission of the conquering State.
 SABAH

The region came under British

control in 1877 when a British
trading syndicate, later called the
British North Borneo (Chartered)
Company, obtained concessions
from the sultans of Brunei and
Sulu and other rulers in the region.
 The British North Borneo
Company, under a royal charter
granted in 1881, undertook the
administration of the region.
In 1888 North Borneo was
made a British protectorate, but
the company retained its
administrative powers until 1946,
when British North Borneo was
proclaimed a Crown Colony.
 During World War II (1939-
1945) the region was occupied
by Japanese forces. When the
Federation of Malaysia came
into existence on September 16,
1963, British North Borneo,
renamed Sabah, became a
member state.
 Spratly ISLANDS

Spratly Islands, group of more

than 600 islets, coral reefs, sand
bars, and atolls in the South China
Sea. The islands are located to the
northwest of Brunei, the
Malaysian state of Sabah, and
the Philippine island of
Palawan.
 Ownership of some or all of the
Spratlys is disputed between
China, Taiwan, Vietnam, Brunei,
Malaysia, and the Philippines. The
largest of the 12 main islets is Itu
Aba, with a total area of 36
hectares (90 acres); none is
permanently inhabited.
 The most significant types of
local wildlife are seabirds and
turtles. Geological surveys indicate
that the Spratlys lie atop vast oil
and gas reserves, perhaps greater
than any previously discovered.
The islands also lie along important
shipping lanes.
 The Spratly Islands were
controlled by France from 1933 to
1939, by Japan during World War II
(1939-1945), and after the war
China established a garrison on Itu
Aba, which Taiwan retained
following its split with mainland
China in 1949.
 All the competing claimants
except Brunei maintain military
installations on one or more of
the islands. There are periodic
armed clashes in the region; in
1988 more than 70 people were
killed during a confrontation
between China and Vietnam.
 The Spratly Islands are
regarded as a potential
flashpoint for regional conflict,
especially because China has
so far resisted submitting the
dispute to international courts.
Q. What is a Republican State of
which the Philippines is one
ordained in Section 1, Art. II of
the 1987 Constitution?
Answer: A Republican is one
which derives all its powers,
directly or indirectly, from the
great body of the people and is
administered by persons
holding their offices for a limited
period or during good
behaviour.
 A republic is a representative
democracy. And the essence of
republicanism is popular
representation and ultimate
control by the people.
 In other words, a republican
government is one in which the
powers of government are
placed in the hands of persons
chosen directly or indirectly by
the people.
According to supreme court;
Republican State is a
government of the people, by,
the people, & for the people.
 Representative government
wherein the powers and
duties of sovereignty and are
exercised and discharged for
the common for the common
good and general welfare.
 Q. What are the characteristics of a
Republican State

Characteristics of Republican State

are:

1. The Existence of a Bill of rights (Art.

III);
2. The observance of the rule of law; is a
government of law and not of men,
4. The observance of the principle
that the State cannot be sued
without its consent;

5. The observance of the principle

that Congress cannot pass
irreparable laws;
6. The observance of the principle of separation of
powers and of checks and balance.

7. The presence of election through popular will or the

right of suffrage,;
8. The observance of the public officers known as
administrative law.