Education, Government and Law
Education, Government and Law
Education, Government and Law
2. From the economy – the economy has taken over the resolution of labor-
capital disputes, the limitation or regulation of production, distribution and
consumption of economic resources, goods, and services, the control
wages, prices, taxes, and savings, the operation of research, the
allowances of fringe benefits, and others.
3. From the church – the state has taken over the regulation of the conditions
for contracting and dissolving marriages, family planning, the moral or
spiritual training of the youth, the provision of relief for the poor, the disposal
of the dead and others.
In times of crisis, the state is vested with emergency powers, such as:
1. Regulation of manpower resources and the control and allocation of labor
during war and national disaster;
2. Mobilization of agriculture and industry, particularly the apportioning of raw
materials and other facilities;
3. Control of wages in collective bargaining contracts,
4. Curbing of prices to subvert disastrous inflations;
5. Formation of capital and the control of investments to be made and profits to
be realized.
Foundation of Power
Regardless of the structure and functions of the state and Government, the power that
emanates from it has foundations in legitimacy,authority and influence.
1. LEGITIMACY
Weber (1957:154)
points out that the state in any country has legitimacy " if and in so far as, its
administrative staff successfully upholds a claim to the monopoly of legitimate use
of physical force in the enforcement of its order"
Provides the rationale of what the government does.
May arise from the shared norms and values of the people
Manifested as consensus, it refers to group decisions representative of every
individual's wish.
Consensus maybe derived formally or informally, unanimously or by majority,
through voting, seeking political counsel, patronage, propaganda, or public opinion
formation.
a. Voting
consensus through voting is represented by a majority of two-thirds or three-
fourths of all votes.
implies in stipulation on who are qualified to vote, how potential voters are
contacted and encouraged to exercise their right of suffrage, what they are to vote
on why and how they are to vote.
b. Political counseling
Sources of public information are prejudiced and loaded with emotional
appeal, partial truths, and total lies, the electorate tend to seek the opinion of
knowledgeable, trustworthy, respected persons of groups.
c. Patronage
involves networking ingratiating personal favors, such as referrals,
recommendations, jobs, contracts,services, and so forth in exchanged of
personalized gifts, entertainment, vacations, reduced prices "kickbacks" and other
goods and services
Consensus is imposed by the patrons.
2. AUTHORITY
Legitimized and institutionalized power in a society.
Weber (1957:329) identified three types of authority as the foundation of a
legitimate exercise of power.
a. Traditional Authority
This is legitimized power that is handed down from the past.
c. Charismatic
rests solely on the gift of graces.
3. INFLUENCE
refers to the total means that a person has on hand to bring about the results he
or she desires in a decision-making situation.
The Power of Elite
The political elite may desire, acquire, exercise and maintain power as ends in
themselves, and as a means for achieving the ends for which they are iintended Being
subject to abuse and misuse, power should be limited through the following ways:
1. Theory of Checks and balances
The establishment of political sub-system which are on equal level.
2. Political Pluralism
The maintainance of the two-party system, the use of the countervailing force of
different power blocs, vested interest and pressure groups.
3. Popular sovereignty
The exercise of voting , rreferenda,rights of assembly, petitions, demonstrations,
and other civil rights.
1. LEGISLATIVE DEPARTMENT
Consists of a Congress
The Congress is divided into two: Senate and The House of
the Representatives.
It passes law.
It defines and punishes crime against the state.
It budgets the money to be spent for public purposes.
It can create and abolish courts, except the Supreme Court.
It is the only congress which has the power to declare war.
2. EXECUTIVE DEPARTMENT
Consists of a President, Vice-President, and Cabinet Officials.
The power of the President is to:
implement law of the country
issue Executive Orders
nominate and appoint the heads of the Executive
veto any bill passed by the Congress
The power of the Vice-President is to replace the President if he
resigns, die or is impeached.
The power of the Cabinet is to advise the President on matters
relating to the duties of their respective officers.
3. JUDICIAL DEPARTMENT
It usually consists of a Supreme Court, Regional Court, Municipal
Court, and Special Courts.
It interprets law and applies it to the fact of each case.
It has the power to determine whether the law is Constitutional or
Unconstitutional.
Judicial power includes to hear and settle disputes:
Private Person vs. Private Person
Private Person vs. Government
Government Agency vs. Government Agency
IV. References:
Riodique III, et. al. Understanding Society and Culture (A Sociological and
Anthropological Approach). Mindshapers co., inc: 2016
Panopio, et. al. Sociology (Focus on the Philippines) Third Edition. Ken Incorporated:
1994
https://pia.gov.ph>branches-of-govt