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PAJARON existence of the community & held together

IV – BLOCK 7 by a common bond of law
MR. SAN JUAN • Doesn’t matter if they possess diverse racial,
cultural or economic interests THEORIES OF THE ORIGIN OF STATE
• to discover the principles that should be 1. Voluntaristic theories said that at some
adhered to in public affairs 2. GOVERNMENT point in their history, certain peoples
• to study the operations of government in a. The agency or instrumentality, through spontaneously rationally and voluntarily
order to demonstrate what is good, to which the will of the state is formulated, gave up their individual sovereignties and
criticize what is bad or inefficient, and expressed and realized. united with other communities to form a
to suggest improvements b. the institution or aggregate of institutions by larger political unit deserving to be called a
which an independent society makes and state.
IMPORTANCE OF THE STUDY OF carries out those rules of action which are
POLITICAL SCIENCE necessary to enable men to live in a social a. "automatic" theory. According to this
• useful to constitution-makers, legislators, State, or which are imposed upon the people theory, the invention of agriculture
executives and judges who need models or forming that society by those who possess automatically brought into being a surplus of
norms that can be applied to immediate the power or authority of prescribing them. food, enabling some individuals to divorce
situations themselves from food production and to
• useful to individuals who seek to understand 3. TERRITORY-fixed portion of the surface become potters, weavers, smiths, masons,
the state in which they live of the earth, inhabited by the people of the and so on, thus creating an extensive
state. The territory must not be too small as division of labor.
GOALS IN THE STUDY OF POLITICAL to be unable to provide for the needs of the
SCIENCE COURSES people; nor should it be too large as to be 2. Coercive Theories A close examination of
• Education for Citizenship difficult to administer. The territory can history indicates that only a coercive theory
extend to over a vast expanse, like China or can account for the rise of the state. Force
• Essential parts of liberal education
Russia, or be as small as Abu Dhabi. and not enlightened self-interest. is the
• Knowledge and understanding of
mechanism by which political evolution has
government COMPONENTS OF TERRITORY led. step by step, from autonomous villages
to the state.
Government, political organization comprising the
a. terrestrial domain-the land mass maritime or
individuals and institutions authorized to formulate
fluvial domain-inland and external waters 3. Social contract theory provides the
public policies and conduct affairs of state.
aerial domain- the air space above the land rationale behind the historically important
and water. notion that legitimate state authority must be
State -A community of persons, more or less
derived from the consent of the governed.
numerous, permanently occupying a fixed territory
and possessed of an independent government
organised for political ends to which the great body • means the supreme, uncontrollable power,
the absolute right to govern. STATE, AS DISTINGUISHED FROM NATION
of inhabitants render habitual obedience.
• The supreme will of the State, the power to
make laws, and enforce them by all the The state pertains to a legal concept, while the nation
means of coercion it cares to employ. refers to a racial or ethnic concept.
• Legal sovereignty: power to adapt/alter the …AS DISTINGUISHED FROM GOVERNMENT
• inhabitants of the state constitution or supreme power to make laws
vs. Political sovereignty: sum total of all the The government is only an element of the state. The
• Community of persons sufficient in no. & government is an agent, and the State is the principal.
influences in a state, legal & non-legal w/c
capable of maintaining the continued The government externalizes the will of the State.
determine the course of law
• A body of rules and maxims in accordance • Written-one which has been given definite
with which the powers of sovereignty are written form at a particular time usually by a
FUNCTIONS OF GOVERNMENT habitually exercised. specially constituted authority called
constitutional convention
The government performs two functions—the THE SUPREMACY OF THE CONSTITUTION • Unwritten-one which is entirely the product
constituent and the ministrant. The Constitution is the most basic and most of political evolution ,consisting largely of a
paramount law to which all other laws must conform mass of customs, usages and judicial
1. CONSTITUENT-constitute the bonds of and to which all persons including the higher officials decisions together with a smaller body of
society. Constituent functions consist of of the land must defer. No act shall be valid however statutory enactments of a fundamental
fixing of legal relations between husband noble its intentions if it is in conflict with the character, usually bearing different dates
and wife, parents and children; keeping of Constitution. The Constitution must reign supreme.
order and providing protection from As to manner of amending them:
violence; regulation of the holding, IMPORTANCE, NATURE AND PURPOSE OF
• Rigid or inelastic-one regarded as a
transmission and interchange of property; CONSTITUTION
document of a special sanctity which cannot
determination of liabilities for debt or crime; be amended or altered except by some
determination of contractual rights between 1. The people exercise d control of their
special machinery more cumbrous than the
individuals; definition and punishment of government primarily through the
ordinary legislative process.
crimes, administration of justice in civil Constitution which protects from unjust
cases; administration of political duties, exercise of governmental power and through • Flexible or elastic-one which possess no
privileges, and relations of citizens, and periodic elections by means of which they higher legal authority than ordinary laws and
dealings of the state with foreign powers, choose the officers to represent them. which may be altered in the same way as
preservation of state from external dangers, 2. A constitution is the supreme or fundamental other laws.
and the advancement of international law creating the government having been CONSTIUTUTION DISTINGUISHED FORM
interests. enacted by the people themselves. STATUTE
2. MINISTRANT functions-are those taken to 3. The purpose of the constitution is to draw
framework or general outline of the system 1. A constitution is a law give \n directly
advance the general interests of society—
of the government and to specific the by the people while a statute is enacted
such as public works, public charity,
respective powers and functions of the by the people’s representative
regulation of trade and industry.
various branches of government comprising 2. A constitution is the fundamental law of
this framework. the state on which all other laws or
statute are based
Facto governments
A de jure government has rightful title but no power KINDS/CLASSIFICATION of CONSTITUTION
or control, because it may have been withdrawn or it
has not yet actually entered into exercise. On the As to their origin and history CONSTITUTION
other hand, a de facto government is a government of • Conventional or enacted one which is
fact—it actually exercises power or control, but has enacted by a constituent assembly or granted • Recognition of the Almighty God
no legal title. by a monarch to his subjects • Sovereignity of the people
• Cumulative or evolved-one which is the • Supremacy of civilian authority
WHAT IS A CONSTITUTION? over the military
product of growth or a long period of
development originating in customs, • Separation of Church and State
• A Constitution is the fundamental organic traditions, judicial decisions rather than from • Guarantee of human rights
law of a State which contains the principles deliberate and formal enactment • Government through suffrage
on which the government is founded and
regulates the division and exercise of • Separation of powers
As to their form:
sovereign powers. • Independence of the judiciary
• Rule of the majority
• Government of laws and not of