Midterm Flashcards
(83 cards)
1
Q
- 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.
A
State
2
Q
Elements of State
A
- People
- Territory
- Government
- Sovereignty
- Recognition
3
Q
- This refers to the mass of population living within the state.
- no requirement as to the number that should compose a state.
- neither too small nor too large:
- small enough to be well-governed and large enough to be self-sufficing.
A
People
4
Q
Types of territory
A
- Terrestrial (land mass)
- Aerial (air space)
- Fluvial (rivers and streams)
- Maritime Domain (related to the sea/s)
5
Q
It refers to the agency through which the will of the state is formulated, expressed and carried out.
A
Government
6
Q
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.
A
Sovereignty
7
Q
Manifestations of Sovereignty
A
- Internal or the power of the state to rule within its territory;
- 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.
8
Q
Characteristics of Sovereignty
A
- Permanence;
- Exclusivity;
- Comprehensiveness;
- Absoluteness;
- Individuality;
- Inalienability; and
- Imprescritibility
9
Q
means it exist in the same form forever or for a very long time.
A
Permanence
10
Q
means it is limited to a group of people.
A
Exclusivity
11
Q
means including everything, so as to be complete comprehensive knowledge of the subject.
A
Comprehensiveness
12
Q
means possessing unlimited power: having total power and authority.
A
Absoluteness
13
Q
means the state or condition of being separate from others.
A
Individuality
14
Q
means it is impossible to take away or not able to be transferred or taken away, e.g. because of being protected by law.
A
Inalienability
15
Q
it means not to be taken away or impossible to remove or violate the people’s imprescriptible rights.
A
Imprescribility
16
Q
A necessary condition for a country to obtain statehood.
A
Recognition
17
Q
Instances showing recognition such as, but not limited to, are the following;
A
Bilateral or multilateral agreements with other countries
Acceptance of membership application in the United Nation
18
Q
Principal Forms of Government
A
- As to number of persons exercising sovereign powers;
- As to extent of powers exercised by the central or national government;
- As to relationship between the executive and the legislative branches of the government;
- As to source of power or authority:
19
Q
As to number of persons exercising sovereign powers
A
Government by one
Government by few
Government by many
20
Q
As to extent of powers exercised by the central or national government
A
Unitary government
Federal government
21
Q
As to relationship between the executive and the legislative branches of the government
A
Parliamentary government
Presidential government
22
Q
As to source of power or authority
A
De facto
De jure
Hereditary and Elective
23
Q
- 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.
- include such rulers as kings and queens, emperors and empresses, tsars, and kaisers.
A
Monarchy
24
Q
Types of Monarchy
A
Absolute monarchy
Limited monarchy
25
- or one in which the supreme power of the dictator whose power is usually through force.
Authoritarian government
26
Characteristics of Authoritarianism
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.
27
Government by one
Monarchy
| Authoritarian government
28
Government by few
Aristocracy
| Oligarchy
29
or one in which political power is exercised by few privileged class.
Aristocracy
30
characteristics of aristocracy
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.
31
- small governing group: a small group of people who together govern a nation or control an organization, often for their own purposes;
- government by small group: government or control by a small group of people.
Oligarchy
32
Sources of power in government by few
by birth
by wealth
by wisdom
33
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
34
or one in which political power is exercised by the majority of the people. It is further classified into:
Democracy
35
- 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.
Direct or pure democracy
36
- 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.
Indirect, representative or republican democracy
37
Government by many
Democracy:
pure or direct
Indirect, representative or republican
38
government or one in which the control of national and local affairs is exercised by the national government
Unitary
39
- 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.
Federal
40
Difference between Unitary and Federal
1. Countries with federal political systems have both a central government and governments based in smaller political units, usually called states, provinces, or territories.
2. These smaller political units surrender some of their political power to the central government, relying on it to act for the common good.
3. In a federal system, laws are made both by state, provincial, or territorial governments and by a central government.
4. 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.
5. Federal political systems divide power and resources between central and regional governments.
6. Central governments decide issues that concern the whole country, such as organizing an army, building major roads, and making treaties with other countries.
7. In unitary systems, with laws giving virtually all authority to the central government.
8. 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.
9. The central government in a unitary system is much more powerful than the central government in a federal system.
41
- or cabinet gov’t.
- one in which the executive and legislative branch of the government are dependent or executive branch is part of the legislative branch.
Parliamentary government
42
government or one in which the state makes the executive independent from the legislative.
Presidential government
43
Difference between
Parliamentary and Presidential
1. In parliamentary governments, of which the United Kingdom, India, and Canada are examples, the executive branch is subordinate to the legislature.
2. In presidential governments, such as in the Philippines, the executive is independent of the legislature, although many of the executive's actions are subject to legislative review.
44
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
De facto
45
is one which is constituted or founded in accordance with the existing constitution of the state but has no control of the territory.
De jure
46
The doctrine and practice 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.
Checks and Balances
47
The doctrine and practice of dividing the powers of a government among different branches to guard against abuse of authority.
Separation of Powers
48
has the power to create laws
legislative branch
49
has the authority to enforce the law and oversee the administration of government responsibilities.
executive branch
50
has the power to try cases brought to court and to interpret the meaning of laws under which the trials are conducted.
judicial branch
51
Political ideologies
```
Liberalism
Conservatism
Democracy
Socialism
Capitalism
Communism
```
52
- Attitude, philosophy, or movement that has as its basic concern the development of personal freedom and social progress.
- usually conditioned by the character of the prevailing form of government.
Liberalism
53
- A general state of mind that is averse to rapid change and innovation and strives for balance and order, while avoiding extremes.
- Originally arose as a reaction against the Age of Enlightenment.
- 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.
- emphasizes the merits of the status quo and endorses the prevailing distribution of power, wealth, and social standing.
Conservatism
54
- political system in which the people of a country rule through any form of government they choose to establish.
- In the modern form, 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.
Democracy
55
- Economic and social doctrine, political movement inspired by this doctrine, and system or order established when this doctrine is organized in a society.
- It demands state ownership and control of the fundamental means of production and distribution of wealth.
- It 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.
Socialism
56
- Economic system 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.
- Economic activity is organized and coordinated through the interaction of buyers and sellers (or producers) in markets.
- 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.
- Under this system a minimum of government supervision is required; if competition is present, economic activity will be self-regulating.
Capitalism
57
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.
consumer sovereignty
58
- As a political movement, it seeks 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, this would create a classless society of abundance and freedom, in which all people enjoy equal social and economic status.
- 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.
Communism
59
vested with executive power
president
60
Qualifications of the President
1. Natural-born citizen;
2. Registered voter;
3. Able to read and write;
4. At least 40 years old; and
5. At least 10 years residency
61
Term of President
6 years
| not eligible for reelection
62
Official residence
Malacañan Palace
63
Powers of the President
1. Power to nominate the Vice President (confirmation: majority of both houses, voting separately)
2. Power to appoint (with consent of Commission on Appointments):
Heads of the executive departments
Ambassadors
Other public ministers and consuls;
Officers of the AFP (from colonel or naval captain)
3. Control of all the executive departments, bureaus, and offices.
4. Commander-in-chief of all AFP (Martial Law, max 60 days)
5. May grant reprieves, commutations and pardons, and remit fines and forfeitures, and amnesty (concurrence: majority of both houses)
6. Sign treaty or international agreement (concur: 2/3rds of Senate)
64
Limitations of President
No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time.
The President shall not hold any other office or employment, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, whether directly or indirectly, during their tenure, and shall strictly avoid conflict of interest in the conduct of his/her office.
The President shall not make appointments 2 months immediately before the next presidential elections and up to the end of his term.
The President can be removed from office through impeachment.
65
- Spare tire of the President
| - May be appointed as a Member of the Cabinet (no confirmation needed)
Vice President
66
Qualifications of Vice President
1. Natural-born citizen;
2. Registered voter;
3. Able to read and write;
4. At least 40 years old; and
5. At least 10 years residency
67
Term of VP
6 years
eligible for reelection
max 2 terms
68
Limitations of VP
1. The Vice President shall not hold any other office or employment, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, whether directly or indirectly, during their tenure, and shall strictly avoid conflict of interest in the conduct of his/her office.
2. The Vice President can be removed from office through impeachment.
69
Number of Senators
24
70
Number of Representatives
250
71
Qualifications of Senate
1. Natural-born citizen;
2. At least 35 years old;
3. Able to read and write; and
4. At least 2 years residency
72
Term of Senate
6 years
| max 2 consecutive terms
73
Tasks of Senate
Shall elect its President (majority vote)
Senate Electoral Tribunal
Commission on Appointments
May conduct inquiries in aid of legislation.
may propose or concur with amendments on all appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills from the House of Representatives.
74
Qualifications of House of Representatives
1. Natural-born citizen;
2. At least 25 years old;
3. Able to read and write;
4. Registered voter in the district (except PLR)
5. At least 1 year residency
75
Term of HOR
3 years
| max 3 consecutive terms
76
Tasks of HOR
Shall elect its Speaker (majority vote)
House of Representatives Electoral Tribunal
```
Commission on Appointments
12 Representatives (voted by members)
```
May conduct inquiries in aid of legislation
All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives.
77
by a vote of 2/3rds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
The power to override the veto of the President by 2/3rds of the House from which the bill originated and another 2/3rds from the other house after it has been passed over and reconsidered.
Congress
78
Limitations of Congress
No Senator or Representative may hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporation, or its subsidiary, during his/her term of office, and he/she shall not intervene in any matter before any office of the Government for his/her pecuniary benefit or where he/she may be called upon to act on account of his/her office.
No Senator or Representative may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he/she, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporation, or its subsidiary during his/her term of office.
A Senator or representative may be suspended or expelled. (2/3rds of all its members)
79
- power is vested in the Supreme Court
| - Enjoys fiscal autonomy.
Judicial branch
80
Composition of Judicial branch
Chief Justice
| 14 Associate Justices
81
Qualifications of Judicial branch
1. Natural-born citizen;
2. At least 40 years old;
3. At least 15 years or more experience as judge or practice of law
82
Powers of Supreme Court
Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamnus, quo warranto, and habeas corpus.
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
All cases in which the jurisdiction of any lower court I sin issue.
All criminal cases in which the penalty imposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.
Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
83
Composition of Judicial and Bar Council
1. Chief Justice (ex officio Chairman)
2. Secretary of Justice
3. Representative of the Congress (ex officio members)
4. A representative of the Integrated Bar of the Philippines (IBP) (4 years)
5. A professor of Law (3 years)
6. A retired member of the Supreme Court (2 years); and
7. A representative of the private sector (1 year)
