Tuesday, June 08, 2010

GOVERNMENT

Government as an element of the state is the agency or aggregate of institutions that formulates, expresses and realizes the will of the state. In a comprehensive note, the government embraces all the political institutions existing in the state, from the highest governmental agency to the lowest administrative bodies. The Philippine Government for example, encompasses all its agencies, from the Office of the President down to its smallest political agency - the barangays.

Purpose and necessity
Government is created for the benefit of the people governed. It performs services or functions that are beyond the capabilities of any individual or enterprise. The chief purposes of government are: the maintenance of peace and order, the protection of persons and property, the administration of justice, the promotion of education, the preservation of the state from external danger, and the advancement of the physical, economic and social and cultural well-being of the people. (De Leon, 1991)

The organized structure of the government enables the state to smoothly administer its affairs. Without government, chaos and disorder will prevail.

Monday, June 07, 2010

OUTER SPACE THEORY


The Outer Space Theory is an international multilateral agreement that sets forth the fundamental principles governing the international law of outer space. Over eighty (80) states are parties to the Outer Space Treaty.

The Outer Space Theory provides that outer space, including the moon and other celestial bodies, is free for exploration and use by all states and cannot be claimed by any state. Any exploration and use must be for the benefit of all states on a basis of equality and in accordance with international law and due regard to interests of other states. The explorations and use must not result to any harmful contamination of the outer space and the earth as well.

The state conducting space activities must as far as practicable disclose information about such activities. Stations and equipment should be open in case other states demand for inspection. For activities that are sponsored by non-government organizations, authorization and supervision of the government bearing international responsibility of such activities are required. On the other hand, responsibility is on the organization and its members if the activities are under intergovernmental organizations. Further, the state that launched or authorized the launching of an object into the outer space is liable for any damage it may cause.

The austronauts are regarded as envoys of mankind in outer space. In case of distress or emergency landing in another state, they must be promptly returned to the state of the space vehicle's registry.

Finally, the treaty also demilitarizes the moon and other celestial bodies.

MOON TREATY



All activities on the moon are to be carried out in the interest of peace with due regard to the interest of all the parties and other states. The moon is demilitarized and nuclear weapons or other weapons of mass destruction should not be deposited in it. (Coquia and Santiago, 2005).


photos courtesy of http://www.googlelunarxprize.org/ and

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE


Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.



Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

photo courtesy of gmanews.tv

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:
:
"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein  xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters
b) respect to right of innocent passage
c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

THE PHILIPPINE TERRITORY

photo courtesy of jibrael_2007


The scope of the Philippine territory is found in Article I of the 1987 Philippine Constitution. It provides:

"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 sea, the seabed, the subsoil, the insular 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."

For purposes of analysis, Philippine national territory includes the following:

(a) the Philippine archipelago, with all the islands and waters embraced therein;
(b) all other territories over which the Philippines has sovereignty or jurisdiction consisting of territorial, fluvial and aerial domains;
(c) the territorial sea, the seabed, the subsoil, and insular shelves and other submarine areas; and
(d) the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions.

photo courtesy of http://madeandi.staff.ugm.ac.id/images/mz.JPG

Territorial sea is that part of the sea extending 12 nautical miles (19 kms) from the low-water mark. It is also called the marginal sea, the marginal belt or the marine belt.
Seabed is the land that holds the sea, lying beyond the seashore, including mineral and natural resources. It is at the top portion of the submarine area.
The subsoil is everything beneath the surface soil and the seabed including mineral and natural resources.
Insural shelves are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached; and
Other submarine areas refers to those which are under the territorial sea. They are ottherwise referred to as seamount, trough, trench, deep, bank, shoal, and reef.


Useful links:
http://www.ellentordesillas.com/?p=2346
http://verafiles.org/docs/pd1596.pdf
http://www.newsflash.org/2004/02/pe/pe004395.htm
http://www.positivenewsmedia.net/am2/publish/Main_News_1/PGMA_signs_RP_Archipelagic_Baseline_Law.shtml
http://www1.american.edu/TED/spratly.htm
http://www.pinoypress.net/2009/02/22/arroyos-new-baseline-is-a-sellout-to-china-cpp/

Friday, June 04, 2010

TERRITORY

Territory is the fixed portion of the surface of the earth inhabited by the people of the State. It is fixed because there are groups that may seem to appear to have all the elements of the state but actually they are not. Examples of these are freebooters sailing the seas, nomadic tribes or even patriotic revolutionaries. They exist independent of external control, have governments of their own. One thing though, their territories are not definite. They have ephemeral existence, thus, they cannot be considered as states.

Territory is one of the fundamental attributes of a state because the exercise of sovereignty is established upon it. Where can the state exercise its authority or demand duties if it lacked territory?

Territory has three components. They are the land mass otherwise known as terrestrial domain, the inland and external waters, which make up the maritime and fluvial domain, and the air space above the land and waters, which is called the aerial domain.

There is also no requirement as to the size of the territory although it must be neither too big as to be difficult to administer and defend nor too small as to be unable to provide for the needs of the population. Thus a state may cover a vast expanse of continent like of Russia and China or it may only occupy only a few square miles like the Vatican City.

Size is of no legal significance but when it comes to practical politics and international relations, it is obviously material. An independent community occupying only a few square miles of territory is of very little importance in the game of world politics. (Sinco, 1962)

Tuesday, June 01, 2010

PEOPLE

People is defined as the mass of population living within a state constituting the body politic or they are simply referred as the inhabitants of the state.

People are the basic component of a state. Without people, there can be no functionaries to govern and no subjects to be governed. The people forming the state need not share common racial, culture, ideological or commercial interests. What is important is they have common political ends.

There are two interpretations on the term people. Some refers the term people to the voters only because it is only through voting that the consent of the people is obtained. On the other hand, some considers people as a collective unit because they believe that as an aggregate or mass of individuals who constitute the state, in them lodged the political power, and this power is considered to be inherent. It is but another way of stating the fundamental truth on which free institutions are based, the right of the majority to rule. It is in this context that the term people is used in Section 1, Article II of the 1987 Philippine Constitution. It says: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them." In a representative government all powers of government belong ultimately to the people in their sovereign corporate capacity.

There is no requirement as to the number of people that should compose a state. But it is important that they be numerous enough to be self-sufficing and to defend themselves and small enought to be easily administered and sustained. As to date, China has the biggest population with 1.3 billion. Vatican City has the smallest with only 836 citizens who are mostly clerics and Swiss guards. Currently, the Philippines has 97,976,603 population. http://www.infoplease.com/ipa/A0004379.html

(photo above courtesy of http://www.liverpool.nsw.gov.au/LCC/INTERNET/RESOURCES/IMAGES/CommunityConsultation.jpg)

Friday, May 28, 2010

CONCEPT OF STATE

State is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.

States vary in shapes and sizes, cultures, forms of government, natural resources, language, etc. However, all states possess four elements: a) people, b) territory, c) government, and d) sovereignty. The absence of any of these elements will not make a state a state.

People are the inhabitants of the state. It is the entire body of those citizens of the state who are vested with political power for political purposes. There is no specific number of people required in order that a state be considered as one. However, it is important that the number must be numerous enough to be self-sufficient and to defend themselves and small enough to be administered. To date, the smallest state in terms of population is Vatican City with 826 citizens, who are mostly clerics and some Swiss guards. On the other hand, China is the largest state with 1.3 billion population. The Philippines is also fast growing state with 97,976,603 population. http://www.infoplease.com/ipa/A0004379.html

Territory is a fixed area or surface of the earth where the inhabitants of a state live and where they maintain a government of their own. There are three components of territory: a) the land mass otherwise known as the terrestrial domain, b) the internal and external waters, which make up the maritime and fluvial domain; and c) the air space above the land and waters, which is called the aerial domain.

For the sake of practicality, a territory must neither be too big as to be difficult to administer and defend nor too small as to be unable to provide for the needs of the population. The smallest state is Vatican City. It spreads across 0.17 square miles or .43 square kilometer. It would actually fit in Rizal Park in Manila. The biggest state is Russia with its total land area of 6,592.735 square miles.

A state may increase or decrease its territory by the acquisition of further territory through either (a) discovery and occupation; or (b) conquest; or (c) accretion; or (d) prescription; or (e) cession through gift, exchange, or purchase. It may decrease through its loss. The increase or decrease does not affect the personality of the state. What is important is there still exists a portion of its territory as an abode for its people.

Government is the institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. (Bernas, 2007). Simply, it refers to the agency through which the will of the state is formulated, expressed and implemented.

Government is different from administration although these two terms are often used interchangeably. Government refers to the institution while administration is the body of men running the government.

There is no particular form prescribed to the State, provided only that the government is able to represent the State in its dealings with other states. The mandate of the government is to always protect the welfare of the people.

Sovereignty is referred to as the supreme, absolute and uncontrollable power by which any state is governed. It has two manifestations: a) internal, which is the power of the State to rule within its territory; and b) external, which is the freedom of the State to carry out its activities without subjection to or control by other States. This is often called as independence.

Monday, May 24, 2010

CLASS SYLLABUS

POLIGOV
Politics and Governance
De La Salle - College of Saint Benilde
SY 2010 - 2011

CLASS SYLLABUS

I. Course Overview

Course Code: POLIGOV
Course Title: Politics and Governance
Pre-requisite: None
Pre-requiste to: None
Type of Course: General
Faculty: Listana, Charo Dugan, MMPM

II. Course Description

An introductory study of Political Science with emphasis on a) goverments and governance; b) constitutionalism; c) selected ideologies and philosophical concepts that shaped various forms and nature of government. Where applicable, the Philippine political and governmental system and the 1987 Philippine Constitution will be the primary focus and locus of topics and subject matters. Politics and Governance is a three-unit course in College in the Philippine education system. An introductory study of Political Science and the 1987 Constitution is mandated by the Commission on Higher Education (CHED) for the tertiary level.

III. Course Objectives

At the end of the term, the students are expected to:

1) understand concepts on Philippine politics, government, and the Constitution and analyze how these concepts and institutions affect their lives;
2) understand other political and governmental systems, their ideological basis and compare these with the Philippine system;
3) understand the basis of Constitutions in a universal perspective and evaluate the significance of constitutionalism to democracies and governments;
4) describe and evaluate selected foreign policies and issues in international relations and how these affect the Philippines.
5) identify and internalize citizen's political rights and responsibilities to develop their sense of nationalism and love of country.

IV. Course Contents

A. Concepts of State, Politics, Government, Governance and Administration.

B. Overview on Forms and Structures of Government
1) Principles of Check and Balance
2) Separation of Powers

C. Models and Characteristics of Various Forms of Government
1) Monarchy
2) Aristocracy
3) Political Regimes
4) Democracy vs. Authoritarianism

D. The Legislative Branch
1) Bicameralism/ Unicameralism
2) The Making of a Law
3) Philippine Legislature
3.1) Structure
3.2) Functions
3.3) Membership

E. The Executive Branch
1) Meaning of Executive Succession
2) The Bureaucracy Power
3) Scope of Executive/ Presidential Powers

F. The Judiciary Branch
1) Functions and powers
2) Organization of Philippine courts
3) The Supreme Court

G. Decentralization and Local Governments/ Other Institutions of Government
1) Role and structure of local governments
2) Decentralization/ deconcentration
3) Role of Constitutional Commissions

H. Constitutionalism
1) Origins
2) Classifications
3) Characteristics
4) Parts
5) Process of amendments

I. Socio, Economic and Political Ideologies and Concepts: The "ISMS"
1) Origins
2) Evolution
3) NOtable personalities/ philosophers
3.1) Relevance to the present situation

J. Citizenship and Suffrage
1) Civil Society
2) Citizen's participation in politics and governance
3) Propaganda and Public Opinion
4) The role of media in shaping public opinion

V. Course Requirements and Grading System

A. Regular Attendance
1) All students are required to regularly and promptly attend all class sessions.
2) College regulations on attendance shall be observed.

B. Grading System
Quizzes (25%)
Major Exam (30%)
Project (20%)
Recitation (20%)
Attendance (5%)

Course grade will be computed based on the following:

midterm grade + final grade  = course grade
                   2

C. No special exam is given to students whatever reasons they may have.

VI. General References

Abueva, et al. The Philippines into the 20th Century.
Cruz, Isagani. Constitutional Law/ Political Law, Central Publishing Co., 1998.
Guillermo, Ramon and Sofia Almirante. Philippine History and Government. Manila: Ibon Foundation Incorporated, 1999.
Heywood, A. Political Ideologies: An Introduction. London: McMillan, 1998.
Nolledo, Jose. The Revised Administrative Code of 1987 with Related Laws and Issuances.
Ranney, Austin. Governing: An Introduction to Political Science. Prentice Hall, 1999.

http://www.gov.ph
http://www.ibon.org
http://www.elagda.com

WELCOME!

Welcome! For this first term of school year 2010-2011, you will find this site very useful as you take the subject Politics and Governance. Here, you will get lecture and review notes, articles, videos and other links related to our classroom topics.

You are a member of a body politic. From the day you were born, to the day you had your first step out of your house, til the day you'll have your last breathe, you were and will be subjected to state laws. It is therefore important that you know the concepts on politics and government so that you will be able to logically analyze how they affect your life. It is hoped that with the knowledge acquired after taking this subject you will be able to form political opinions based on critical thinking and objective analyses. It is further hoped that you as a political member you will develop a higher sense of nationalism and love of the body politic where you belong.

Again, welcome in Politics and Governance! c",)