Governance, Laws and Politics

97問 • 1年前

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is a political division of a body of people that occupies a territory. The ____ is sovereign in its territory or jurisdiction and had the authority to enforce a system of rules over the people living inside it.

State

Elements of the State

Territory Government Sovereignty People

A geographical area subject to the sovereignty, control, or jurisdiction of a state or government.

Territory

An entity that constitutes the governing authority

Government

The authority or the dominant power to rule

Sovereignty

The population or the citizen of the state

People

Theories of the State

Divine Right Theory Force Theory Paternalistic Theory Social Contract Theory Evolutionary Theory Natural Self Theory

The notion that royalty is given divine sanction to rule. That God gave the political ruler a power to reign.

Divine Right Theory

Held the notion that government originated through the use of force a coercion.

Force 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.

Paternalistic Theory

Says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior

Social Contract Theory

The state is the product of growth, a calm and composed evolution stretching over a long period of time and ultimately shaping itself into the complex structure of a modern state.

Evolutionary Theory

It is a human's natural inclination or interest to live with someone. Because of this, a leader and a policy are needed to have peace.

Natural Self Theory

Inherent Power of the State

Police Power Power of Expropriation Power of Taxation

The inherent capacity of state governments to exercise control over the citizens and resources within their jurisdiction to better health services, general security, safety, morality, and social welfare.

Police Power

The power of the government to acquire private land for public purpose or use without the consent of the owner upon payment of just compensation.

Power of Expropriation

The power of the sovereign to impose burdens or charges upon persons, property or property rights for the use and support of the government to be able to discharge its functions.

Power of Taxation

Types of Government Systems

Democracy Republican Aristocracy Monarchy Anarchy Meritocracy Oligarchy Totalitarianism Fascis Communism Federalism

Citizens are sovereign and the people have the power in decision-making

Democracy

Representative is chosen by people to rule

Republican

The royalty is leading the state in which a king or a queen has the power to rule.

Monarchy

Form of government in ehich power is held by the nobility.

Aristocracy

Power is vested in few privileged group.

Oligarchy

Centralized and dictatorial and requires complete subservience to the state.

Totalitarianism

Centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.

Fascism

Political power is vasted in individual people based on ability and talent.

Meritocracy

Most property and economic resources are owned and controlled by the state rather than individual citizens.

Communism

A significant government powers are shared between the Federal and the Regional/State Governments.

Federalism

A state of lawlessness or political disorder due to the absence of governmental authority.

Anarchy

Branches of the Government

Legislative Judicial Executive

In charge of making laws. It is made up of the Congress that has two parts: the House of Representative and the Senate

Legislative

In charge of making laws. It is made up of the Congress that has two parts

the House of Representatives and the Senate

In charge of deciding the meaning of laws, how to apply them to real situation, and whether a law breaks the rules of the Constitution.

Judicial

Responsible for the execution of the law and overall governance of a state.

Executive

a written instrument containing the fundamental law of the nation. It states the basic principle and laws that determine the power and duties of the government and guarantee certain rights to the people in it.

Constitution

Types of Constitution

Foundation Forms/Structure Transformation

Foundation

Written Unwritten

Refers to the constitution codified and compiled in a structured and cohesive manner.

Written

Not codified in a structured manner and evolves over a long period with a new set of laws and guidelines being added as time progresses.

Unwritten

Forms/Structure

Conventional or Enacted Cumulative or Evolved

The constitution that was created through a constitutional conventional.

Conventional or Enacted

The constitution that is developed as a part of the history of a particular nation.

Cumulative or Evolved

Trnsformation

Rigid or Inelastic Flexible or Elastic

Constitution that is difficult to amend or change.

Rigid or Inelastic

Constitution that is more easy to amend or change.

Flexible or Elastic

Parts of Constitution

Preamble Contents Amendments

The introductory part that describes the purpose, goals, for whom, and how to regulate to constitution

Preamble

The addition or alteration made to a constitution, statute, or legislative bill or resolution.

Amendments

The first Philippine Constitution and created during the fight for Philippine independence from Spain. It established a democratic, republication government with the three branches and granted legitimacy to the Revolutionary Government.

1899 Malolos Constitution

This featured a political system similar from USA and drawn up under the terms of the Tydings-McDuffie Act, which created the Philippine Commonwealth, also served as a basis for an independent Philippine governement.

1935 Commonwealth

This constitution was used by the Second Republic during the "puppet government". It provided for a unicameral National Assembly that was to be composed of provincial governors and city mayors as ex officio members and one delegate for every province and city who were to serve for a term of three years.

1943 Japanese-sponsored

Ratified and proclaimed by Pres. Marcos, this constitution provides for the shift from presidential to parliamentary system of government.

1973 Martial Law

This was enacted by Pres. Aquino after the ouster of Pres. Marcos during the People Power Revolution. This constitution aimed to restore democratic rule and reestablish fundamental civil liberties in the country.

1986 Provisional Freedom Constitution

This constitution established a democratic system of government that ensures the separation of powers among the legislative, executive and judicial branches. And it continues to protect and uphold the fundamental rights and freedom of every Filipino.

1987 Present Constitution

is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

Law

Governs the relationship between citizens and the State, defines the scope of Philippine territory, outlines the structures of the government, and establishes how the legislative branch interacts with the executive and the judiciary, and vice-versa.

Political Law

Legislation specifying responsibilities and rights in employment, particularly the responsibilities of the employer and the rights of the employee.

Labor Laws

Set of law which concerned with the private affairs of citizens. This includes the Family Code, the law on property ownership, the modes of acquiring properties including succession, all contracts like sales, mortgage, partnership, agency, pledge and loans.

Civil Law

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

Criminal Law

Also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade and sales.

Commercial Laws

Body of rules under which a public authority has a claim on taxpayers. Chiefly governed by the following Republic Acts: The Corporate Recovery and Tax Incentives for Enterprises Act (CREATE Act) Tax Reform for Acceleration and Inlusion (TRAIN) Law, and the National Internal Revenue Code.

Taxation

Law which provides the procedure or remedy for enforcement of rights and obligations through the courts of justice. This deals with how to file complaints, the jurisdictions of different courts and tribunals, the procedure to follow, the period and venues, the documents to attach, as well as the weights and purposes of evidence what purpose of evidence, what proof is admissible and inadmissible, which are material, relevant, and pertinent.

Remedial Law

Consist of rules and principles governing the relations and dealings of nations with each other, as well as the relations between states and individuals, and relations between international organizations.

International Law

Produce the body

Writ of Habeas Corpus

A law stating that an individual cannot be imprisoned or held in custody inside a prison cell unless he/she has first been brought before a court of law, which decides whether or not it is legal for the person to be kept in prison.

Writ of habeas corpus

Access to information

Writ of habeas data

A judicial remedy enforcing the right to privacy, most especially the right to informational privacy of individuals.

Writ of habeas data

Defend or protection from harm.

Writ of Amparo

A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

Writ of Amparo

A legal remedy for the protection one's right to "a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Writ of Kalikasan

To be certified

Writs of certiorari

This is a request that supreme court order a lower court to send up the record of the case for review.

Writ of certiorari

To forbid. This is issued by the higher Courts to prevent or stop lower Courts from exceeding their jurisdiction and acting against their powers. It is issued after the lower Courts have declared their judgments. It is issued before the lower Courts have completed their proceedings.

Writ of prohibition

We command. This is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Writ of mandamus

By what authority. This is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies.

Writ of quo warranto

a judicial order restraining a person from beginning or continuing an action threatening or invading the legal right of another, or compelling a person to carry out a certain act. An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant.

Writ of injunction

is a statement and listing of an individual's rights and privileges which the fundamental law of the land is designed to safeguard against violations of the government or by an individual or group of individuals. It is the charter embodying the liberties of a person and the limitations upon the power of the state.

The Bill of Rights

Classification of Rights

Natural Rights Constitutional Rights Statutory Rights Civil Rights Economic Rights Political Rights Suffrage

The rights inherent to man and given to him by God as a human being. Examples of these rights are the right to live, love and be happy.

Natural Rights

These are the rights guaranteed under the fundamental charter of the country.

Constitutional Rights

These are rights provided by the law - making body of a country or by law, such as the right to receive a minimum wage and the right to preliminary investigation.

Statutory Rights.

These are the rights specified under the Bill of Rights, such as the freedom of speech, right to information. They are the rights enjoyed by an individual by virtue of his citizenship in a shape or community.

Civil Rights

These are rights to property, whether personal, real or intellectual. Some examples of these rights include the following: right to use and dispose of his property, right to practice one's profession, and the right to make a living.

Economic Rights

These are rights an individual enjoys as a consequence of being a member of a body politic. Some examples of political rights are the following: right to vote, right to be voted into public office.

Political Rights

The right to vote in electing public officials and adopting or rejecting proposed legislation.

Suffrage

No person shall be deprived of his life, liberty or property unless due process is observed.

Right to Due Process

quality in the enjoyment of similar rights and privileges granted by law.

Equal Protection of the Law

Right of the people to be secured in their persons, houses, papers and effects against unreasonable searches and seizures and that no search warrant or warrant of arrest shall be issued except upon probable cause to be determined by judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Right Against Unreasonable Searches and Seizures

Privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when the public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this shall be inadmissible for any purpose in any proceeding.

Right to Privacy of Communication and Correspondence

No law shall be passed abridging the freedom of speech, of expression, or of press, or the right of the people to peaceably assemble and petition the government for redress of grievances.

Freedom of Speech

Freedom of religion refers to the right of a person to worship God in his own way and practice his religious beliefs without any interference from the government, anybody or group. This right is clearly stated in Section 5 of Article III, which states that no law shall be made respecting the establishments of religion or prohibiting the free exercise thereof.

Freedom of Religion

Freedom to choose where one should reside, while liberty of travel means the freedom to move from one place to another without the interference from anybody or government. As stated in Section 6 of Article III, the liberty of adobe and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court.

Liberty of Adobe and Travel

Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to governmental research data used as basis for policy development, shall be afforded the citizens, subject to such limitations as may be provided by the law.

Right to Information on Matters of Public Concern.

Freedom of any Filipino citizen to organize and join any society or group, as long as its goals and activities are not contrary to existing laws of the land.

Right to Association

The private property shall not be taken for public use without just compensation. The government of the country can take over a private property for public use. This is because of its exercise of one of its inherent powers, which is the power of eminent domain.

Right to Just Compensation

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Free of Access to Courts

Sometimes called Miranda rights in which any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have a competent and independent counsel preferably of his own choice. If the person cannot afford the services of the counsel, he must be provided one

Right to a Person Under Custodial Investigation

Trends and Issues Overall

Cydrix James Natanauan · 154問 · 1年前

Trends and Issues Overall