POLITICS AND THE STATE-converted

Politics

  • Politics is the struggle for power, derived from the Greek word "Polis," meaning city-state.

Concepts of Political Control

  1. Power

    • Ability to make others comply using force or threats.

  2. Influence

    • Ability to make others comply without force or threats.

  3. Authority

    • Right to exercise power and influence associated with a position.

  4. Legitimacy

    • Condition of being rightfully placed or recognized.

State

  • Defined as a community of persons occupying a specific territory, free from external control, with an organized government to which inhabitants obey.

Indispensable Elements of the State

  1. People

    • Must include both sexes; population size should support governance.

  2. Territory

    • Should be clearly defined and permanently occupied.

  3. Sovereignty



    • Two forms:a. External sovereignty - Freedom from external control.b. Internal sovereignty - Authority to command obedience within the territory.

  4. Government

    • Must be organized and effective.

  5. Recognition

    • Conferred by the international community.

State vs. Nation

  • State is a political concept; nation is a racial concept.

State vs. Government

  • The state is a broader concept, while government is an element of the state.

Inherent Powers of the State

  1. Power of Eminent Domain

    • Right of the state to expropriate private property for public use with compensation.

  2. Power of Taxation

    • Authority of the state to impose taxes.

  3. Police Power

    • Right of the state to regulate behavior.

Government Structure

  • Comprised of three branches:

  1. Executive

    • Enforces laws (President and Cabinet).

  2. Legislative

    • Enacts, alters, and repeals laws (Congress includes Senate and House of Representatives).

  3. Judiciary

    • Interprets and applies laws (Supreme Court and statutory courts).

Principle of Separation of Powers and Checks and Balances

Kinds of Government

According to Aristotle's Classification

  1. Monarchy



    • Rule by one:a. Hereditaryb. Elective



    • Character:a. Absoluteb. Limited/Constitutional

  2. Rule by the Few

    • Aristocracy - Rule by the best individuals.

    • Oligarchy - Rule by the wealthy few.

  3. Democracy



    • Rule by the majority (>50%):a. Direct/Pure - No representatives.b. Indirect/Representative - Includes representatives.

According to Distribution of Powers

  1. Unitary

    • Centralized power.

  2. Federal

    • Decentralized power.

According to Legality and Legitimacy

  1. De Jure

    • Generally accepted and constitutional.

  2. De Facto

    • Not widely accepted and unconstitutional.

Relationship between Executive and Legislative

  • Presidential

    • President as Head of State and directly elected.

  • Parliamentary

    • Prime Minister as Head of Government, elected by Parliament.

Differences between President and Prime Minister

  • President has a definite term, can be impeached.

  • Prime Minister has an indefinite term, can be removed through votes of confidence.

Theories about the Origin of the State

  1. Divine theory

  2. Necessity and Force theory

  3. Instinctive theory

  4. Kinship theory

  5. Social Contract theory

  6. Historical/Evolutionary theory

Constitution and Law

  • Constitution: Written instrument defining state powers and their distribution.

  • Law: Ordinance of reason created for common good by competent authority.

Differences Between Constitution and Law

  • Constitution is the supreme law, whereas law is based on the Constitution.

  • Constitution contains general principles; law contains specifics for implementation.

  • Amending the Constitution is difficult; laws are easier to amend.

Kinds of Constitution

  1. As to Form

    • Written: Codified in a single document.

    • Unwritten: Scattered parts.

  2. As to Origin

    • Conventional/Enacted: Specific date of inauguration.

    • Cumulative/Evolved: No specific date of inauguration.

  3. As to Amending Difficulty

    • Rigid/inelastic: Difficult to amend.

    • Flexible/Elastic: Easy to amend.

Essential Parts of a Typical Written Constitution

  1. Constitution of Liberty

    • Discusses rights of the people (e.g., Bill of Rights).

  2. Constitution of Government

    • Outlines the structure and powers of government (e.g., Legislative, Executive, Judicial departments).

  3. Constitution of Sovereignty

    • Discusses the amendment process.

Characteristics of a Good Constitution

  1. Brief

  2. Broad

  3. Definite