Part 2 Flashcards

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1
Q

Origins of State

A

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

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2
Q

Analyses of Social Contract Theory

A

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

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3
Q

Forms of Government

A

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

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4
Q

Legislative Branch

A

Make the laws, confirm presidential appointees, and declare war

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5
Q

Composition of Congress

A

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

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6
Q

Executive Branch

A

Execute the laws

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7
Q

Composition of the executive branch

A

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

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8
Q

Judicial Branch

A

Interpret the laws and enforce power of Judicial Review to examine whether or not any official decree the Philippines is involved in is unconstitutional

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9
Q

Composition of the Judicial Branch

A

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

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10
Q

Checks and balances of the three branches

A

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

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