Part 2 Flashcards
Origins of State
Divine Right Theory - leader appointed by God to rule the people
Necessity or Force Theory - state established via force by a strong leader during conflict
Paternalistic Theory - state evolved from a family
Social Contract Theory - the ruled and rulers’ agreement to form a government
Analyses of Social Contract Theory
Thomas Hobbes : Absolute Authority
- society is selfish and fearful
- people surrender their rights and freedoms to an authority in exchange for protection
- people cannot question this authority
John Locke : Natural Rights
- society is good and enjoyable
- people surrender their natural rights (right to enforce laws, maintain property) to protect their property and natural rights
Jean Jacques Rosseau : General Will
- society is happy and equal
- people surrender their rights to the general will of the community; to obey the general will is to obey oneself
- state and laws are byproduct of general will
Forms of Government
Based on the number of persons exercising sovereign powers
Monarchy : Absolute Monarchy - Supreme power rests in 1 person : Constitutional Monarchy - Monarch rules with a government or in accordance to a constitution
Aristocracy - Power is held by the privileged social classes
Democracy : Direct - Ruler rules in accordance with the constitution : Representative - Select people to rule are elected by the majority
Based on the extent of powers exercised by central and national government
Unitary - Central and local affairs are managed by one central government
Federal - Central and local affairs are managed between the national and the local state governments
Based on the relationship of the Executive to the Legislative branch
Parliamentary - The ruling party in the legislature forms the government
Presidential - The executive branch is constitutionally independent from the legislative and judicial branches
Legislative Branch
Make the laws, confirm presidential appointees, and declare war
Composition of Congress
Upper (Senate) and Lower (House of Representatives), Senate composed of 24 elected senators, the House of Representatives is composed of not more than 250 elected representatives
Executive Branch
Execute the laws
Composition of the executive branch
President and the Vice President who are both elected, the Cabinet which include the President and the Vice President as well as department secretaries nominated by the president and confirmed by the Commission on Appointments
Judicial Branch
Interpret the laws and enforce power of Judicial Review to examine whether or not any official decree the Philippines is involved in is unconstitutional
Composition of the Judicial Branch
Supreme Court, the Court of Tax Appeals, the Court of Appeals, the Sandiganbayan, Regional Trial and Sharia Courts, Metropolitan Trial Courts, and the Municipal Trial Courts
Checks and balances of the three branches
Legislative Branch - Can confirm/deny Presidential appointees, impeach the president or high level official via impeachment trial
Executive Branch - Can veto the laws
Judicial Branch - Enact Judicial Review and overturn unconstitutional laws
