ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
Declaration of Principles and State Guidelines = declaration of the standard ideological concepts and procedures that underlie the Constitution. The procedures shed light on the meaning of the other procedures of the Metabolic rate and they are helpful information for all departments of the authorities in the implementation of the Metabolic rate. •Principles = binding guidelines which must be observed in the conduct of government (1-6) Only some 6 rules are self-executory
•Policies sama dengan guidelines intended for the alignment of the state(7-28) Some plans already anchor justiciable privileges.
Kilosbayan sixth is v. Morato = read Securities and exchange commission's 5, 12, 14, and 17 because mere " guidelines” which do not yet confer rights enforceable by tennis courts but known Section 16 as aright-conferring provision as it speaks of " the best of the people”
Section 1 . The Philippines is actually a democratic and republican State. Sovereignty is located in the people and all authorities authority hails from them. A situation is a community of folks more or less many permanently occupying a definite portion of territory self-employed of exterior control and possessing a great organized govt to which a body of inhabitants provide habitual obedience. Four requirements for a government:
State sama dengan legal strategy / Country = ethnic concept
•Legal Sovereignty = the supreme power to help to make law. Stuck in the persons •Political Sovereignty = the sum total of influences in a state, legal and nonlegal, which identify the course of law. •A republican point out implies an agent government although a democratic state implies a direct democracy. •Republican condition = almost all government expert emanates from the folks and is worked out by staff chosen by the people •We are not only representative or conservative, we also share areas of direct democracy such as INITATIVE ANDREFERENDUM (Art VI, Securities and exchange commission's. 32)
•Sovereignty is the capacity to make legal decisions.
•All sovereignty lives in the persons, and whatsoever power you have has to be directed at you. •Sovereignty is identified by Jellinek as the supreme power to affect every legal passions either by executive, legal, or contencioso action. Constitutional Authoritarianism = understood and practiced in the Marcos plan under the 1973 Constitution was the presumption of the extraordinary forces by the President INCLUDING LEGISLATIVE AND CONTENCIOSO and even constituent powers, wherever such supposition is official by the letter or at least the SPIRIT OF LEGITIMATELY ENACTED CONSTITUTION. •Consti Authoritarianism is compatible with a his party state in case the Consti where the Professional bases his assumption of power is a legitimate phrase of the someones will •And if the professional who assumes power will get his office thru a legitimate election by people. •Why? Because a conservative state can be nothing more than a situation where sovereignty resides inside the people and where most government power emanates from those. Nature and functions of presidency
•Government – that establishment or mixture of institutions by which an independent society makes and does those rules of actions which are required to enable men to live in a social point out •Or which can be imposed after the people developing that world by individuals who possess the electrical power or expert of prescribing them •3 great departments: LEGISLATIVE (6), EXECUTIVE(7), JUDICIARY (8) •2 function of Gov't
INGREDIENT – compulsory
MINISTRANT – constitute the bonds of society
•Philippines have NOT abdicated its sovereignty over the facets as part of the Philippine territory or divested alone completely of jurisdiction of such crimes committed therein. •Bases = they are CERTAINLY NOT and CANNOT be foreign area
Doctrine: The Philippine govt merely consents to a foreign state's jurisdiction in certain areas as a matter of comity, politeness, or expediency. The US offers prior or preferential, but is not exclusive...