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ANGELO NICO Z.

RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

1. What is a law and why is there a law?

Law body of rules of conduct of binding legal force and


effect, the law also is a system of rules that country or
government develops in order to deal with crimes and chaos
and in business world. Law is important in our life as it protect
our general safety and to ensure the rights of every citizens
against many kinds of abuses of other people.
2. State the difference among political ideologies of democracy,
communism, fascism, socialism and anarchism?

Political ideology is a coherent set of views in politics and


the role of the government with a set of ethical ideals,
principles and different doctrines.
The first political ideology is Democracy, In democracy it deals
with the government by the people which usually through
elected representatives, It represents the notion of the people
in their majority, The people decide all group issues or plans
of action by voting. As a form of government, Democracy
describes the process of election by which law is passed.
While in Communism, is the extreme left-wing political
ideology based on the revolutionary socialist teachings of
Marx, It has a collective ownership and planned economy
which each should work their capability and receive according
to their needs, Differing from Fascism, In Fascism it is a
extreme right-wing ideology where the existing social order is
protected by the forcible suppression of the working class.
While in Socialism, it is a left- wing political system where the
the principle means of production, distribution and exchange
are in common ownership. It also typically organizes economic
activity through planning rather than market forces, and gears
production towards needs satisfaction rather than profit
accumulation, and lastly, The Anarchism is an ideology
wherein society without government, laws, police or other
authority system of control, Anarchism is about some
ANGELO NICO Z. RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

particular organization of government masks the meaning of


government within the context of rejection of all authority.

3. Define political law and what covers it?

Political Law is the branch of public law that applies


primarily in government bodies which deals with the various
organizations and operation of the government organs of the
state and defines the relations of the state with the inhabitants
of its territory. - Macariola v Asuncion, 114 SCRA 77 (1982)
Political Law covers and subdivided into (a) the law of
public administration, (b) constitutional law, (c) administrative
law, and (d) the law of public corporations. These four
subdivisions may be briefly described for the time being, as
follows: The first deals with the organization and management
of the different branches of the government; the second, with
the guaranties of the constitution to individual rights and the
limitations on governmental action; the third, with the exercise
of executive power in the making of rules and the decision of
questions affecting private rights; and the last, with
governmental agencies for local government or for other
special purposes.

Source: http://lex-estudyante.blogspot.com/2012/06/political-law-
defined.html

4. Why is teaching political law necessary?

Teaching of Political Law is necessary as it deals with


governmental operations of state which affects the state as a
whole, Learning Political law helps us to know what is going
around us regarding the relations of the state with its
inhabitants, It plays a huge role in our society which every law
that is made will affect our lives and impact many.
ANGELO NICO Z. RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

5. Distinguish political theory from public law and public


administration?

Political theory is a subdivision of the study of politics it is


also a systematic study about the purposes of the government,
Political theory analyzes the different Political Concepts to be
able to understand and criticize them through different methods
of concepts, models, theories and paradigms.
Public Law deals with the state by itself on its relations with
individuals, it covers all the matters of law that can arise
between the state and the public which means that it involves
criminal, tax and constitutional/administrative law
While Public Administration deals with the public service that
maintains a civil society and provides the needs of the public
that carried out in public interest by organizing and maintaining
the practices, rules and policies in the society.

6. State the difference among the aristocratic, totalitarian, federal,


presidential and parliamentary forms of government.

There are some different types and forms of government


which categorized by the source of power and it’s structure, In
Aristocratic form of government there are small groups of elites
that rules called the “Aristocrats or the ruling elites, They
usually have specific honorary title and it tends to enjoy social
and economic prestige as well as their political power. While in
Totalitarian form of government it seeks subordinate the
individual to the state with control in all political and economic
matters as well as the attitudes and beliefs of its population, In
Federal form, The sovereign power is formally separated by
means of constitution, between a central authority and a
number of constituent regions (states, colonies or provinces).
On the other hand, Presidential form of government is a type of
government wherein the executive branch of government exists
separately from a legislature, Lastly, A Parliamentary form of
government in which members of an executive branch (the
ANGELO NICO Z. RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

cabinet and its leader - a prime minister, premier or chancellor)


are nominated to their positions by a legislature or parliament,
and directly responsible to it.
Source:https://www.livescience.com/33027-what-are-the-
different-types-of-governments.html

7. In what years and significant events the Philippines has the


constitution?

The Philippines had 6 constitution and it was started with the


country’s independence in 1898. The first Philippine
constitution was called MALOLOS CONSTITUTION it was
approved on January 20, 1899 ushering what is called the First
Philippine Republic. In the Spanish-American War of 1898
lasted from 1899-1901.The second constitution was from
during the American Occupation wherein the Philippines was
governed by the Laws of United States, Organic Acts were
passed by the United States Congress for the administration of
the Government of the Philippines. The first was the Philippine
Organic Act of 1902, which provided for a Philippine Assembly
composed of Filipino citizens. The second was the Philippine
Autonomy Act of 1916, which included the first pledge of
Philippine independence. These two laws served as
constitutions of the Philippines from 1902 to 1935.
The third Constitution was the 1935 Constitution, was ratified
by the Filipino people through a national plebiscite, on May 14,
1935 and came into full force and effect on November 15, 1935
with the inauguration of the Commonwealth of the Philippines.
Among its provisions was that it would remain the constitution
of the Republic of the Philippines once independence was
granted on July 4, 1946.
The fourth constitution was the 1943 Constitution used by the
President Jose P. Laurel by the Second Republic, during the
world war II Japanese-sponsored government nullified the 1935
constitution to replace it. The Constitution remained unaltered
until 1947, The Constitution, remained the same until the
declaration of martial law on September 23, 1972.
ANGELO NICO Z. RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

The fourth Constitution was born during the Marcos era, It was
called the 1973 Constitution, Before President Marcos
declared Martial Law, a Constitutional Convention was already
in the process of amending or revising the 1935 Constitution.
They submitted it to President Marcos on December 1, 1972.
President Marcos submitted it for ratification in early January of
1973. After the EDSA Revolution and democracy was restored
the 1987 Constitution was made under President Aquino, A
Constitutional Commision was tasked writing a new charter to
replace the 1973 Constitution, A National Plebiscite was held
on February 2, 1987, ratifying the new constitution. On
February 11, 1987, by virtue of Proclamation No. 58, President
Aquino announced the official results and the ratification of the
draft constitution. The 1987 Constitution finally came into full
force and effect that same day with the President.

Source:https://www.officialgazette.gov.ph/constitutions/constitution-
day/

8. Explain the difference between the constitution and the statute.

Constitution is the body of rules and maxims in


accordance which the powers of sovereignty are habitually
exercised. (Cooley, n.d.) Constitution is the set of standards
and principles and defined as the written instrument by which
the fundamental powers of the government are established and
limited by which power are distributed to several departments
and branches for the benefit of the people and society. Statute
is a written rule or law that is passed by a legislature on the
state, it commands and prohibits something or to declare policy.
In conclusion, A constitution is a legislation direct from the
people, while the statute id a legislation from the
representatives.

9. Why is the constitution of the Philippines supreme?


ANGELO NICO Z. RAVILAS, 2019-2-00324
PRELIM: GENERAL PRINCIPLES OF LAWS AND POLITICS
Assignment No. 1

The constitution serves as the supreme law of the country


containing the fundamental laws or rules that is exercised and
constitutes the country and its institutions. A constitution is the
charter creating the government, It has the status pf a supreme
or fundamental law of the Philippines, It is under this fundamental
law which all laws are made and executed in all governmental
authorities and for the entire people.

10. What is meant by the principle: A government of laws and not


of men?

John Adam’s “Government of Law, not of men” defines that in a


free society of government rules must be fixed, According to
Tapscott (2012) Government should be based on clearly written
laws, consented to by those to be governed by them, and not on
the unpredictable will of one man or even a few men.

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