Slides

1. POL 302
Spring 2019

8. Maria Lourdes Sereno is the first
female Chief Justice of the Philippines.

9. ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust.
Public officers and employees must, at
all times, be accountable to the people,
serve them with utmost responsibility,
integrity, loyalty, and efficiency; act with
patriotism and justice, and lead modest
lives.
Section 2. The President, the Vice-
President, the Members of the Supreme
Court, the Members of the Constitutional
Commissions, and the Ombudsman may
be removed from office on impeachment
for, and conviction of, culpable violation
of the Constitution, treason, bribery, graft
and corruption, other high crimes, or
betrayal of public trust.

13.  Set of fundamental legal-political rules:
 Binding on all in State
 Structure of Institutions; Rights of Citizens
 Widespread Public Legitimacy
 International Standards for Democracy
▪ Representation and Human Rights

14.  What are constitutions?
 Charters and laws of states
 Codified Constitution
 Written document
 Specific sections or articles
 Uncodified Constitution
 Collection of laws, customs,
norms, traditions
 Informal nature

17. INSTRUCTIONS
With your group, review your country’s constitution and
look for (1) a list of individual rights and freedoms,
(2) description of political institutions, (3) an amendment
process, and (4) anything else that interests you.
Who rules?
What explains political behavior?

19.  Declare and Define Boundaries
 Define and Declare Authority of Community
 Define and Declare Rights of Citizens
 Establish and Regulate Institutions
 Divide/Share Power – Layers of Govt.
 Declare Religious Identity of State

21. FRANCE
 “France is an indivisible, secular,
democratic, and social Republic”
 “National Sovereignty belongs
to the people, who exercise it
though their representatives and
by means of referendum”
GHANA
 “The Sovereignty ofGhana
resides in the people of
Ghana in whose name and
for whose welfare the
powers of government are
to be exercised.”

23. INSTRUCTIONS
You have been appointed by PresidentTrump to be on the
2018 Commission to Redraft the United States Constitution.
Write a detailed outline discussing the
general layout of this new document.
What would the new document look like?
What provisions would be added and what would be taken out? Why?

24.  #1: Definite
 Clearly define what it contains; easily understood and carefully worded
 #2: Comprehensive
 Cover whole of government; information on organization
 #3: Brief
 State necessary provisions; detail leads to disputes
 #4: Durable and Elastic
 Not rigid; flexibility and stability
 #5: Fundamental Rights
 #6: Suitable
 Suit social, political, and economic conditions of citizenry

25.  #1: Absolutist Constitution
 Centralized power to produce, change legal docs
 No popular participation in govt.
 Examples: Communist countries, Post-Coup
 #2: Legislative Supremacy Constitution
 Provides (1) institutions and (2) elections
 Three main characteristics:
▪ (1) Majority vote, (2) No authority, (3) No Bill of Rights

26.  #3: Higher Law Constitution
 Presence of State institutions
 Govt. power / authority given to people
 Scope of legislative authority
 Gives (1) rights and (2) amendment process
 Example: United States

30.  Changes had to be unanimous
 National government left with
no real power
 Draft Soldiers
 Regulate Commerce
 Have Monetary System

34. MADISON’SVIRGINIA PLAN PATERSON’S NEW JERSEY PLAN
Power given
to smaller states
Representation by
equality
Power given to
bigger states
Representation by
population

35.  Bicameral legislature
 Lower chamber
(House) based on
population
 Upper chamber
(Senate) based on
equality
Roger Sherman

37. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

38.  Decentralized Constitutional Review
 Concrete Review

39.  Centralized Constitutional Review
 Abstract Review
The French
Constitutional Council

43. ENTRENCHED
CONSTITUTION
 Support of legislative majority
 Found in codified constitutions
 Majority ofVoters AND Majority
of States in Referendum
UNENTRENCHED
CONSTITUTION
 No defined amendment
process
 No specific legal status
higher than laws
 Found in uncodified
constitutions
Austria Switzerland

48.  Protects AgainstTyranny
 Dispersion and Diffusion of Power
 Increases Participation
 Officeholders and Citizens
 Improves Efficiency
 Ensures Policy Responsiveness / Innovation
 Reduces Conflict

49.  Creates Complexity and Confusion;
Reduces Accountability
 Increases Conflict
 “NIMBY” – Not in My BackYard
 Creates Inequality
 Economic Inequality, Racial Discrimination
 Law enforcement and justice are uneven
 Expertise and money

51.  Power rests with national government
 National government delegates authority to
subnational (state / local) governments
 Case Examples:

53.  Subnational governments hold power
 State/local governments delegate authority
to central government

55. Nigeria and India are two cases
that illustrate the positive and
negative aspects of federalism.

56. NIGERIA
 Positive aspect of federalism
 Solve ongoing differences by
creating more states
 Why would simply adding more
states matter for stability?
 New states favored by people
 (1) Domination by large ethnic groups
(2) Share in country resources
INDIA
 Negative aspect of federalism
 Some Indian states have
witnessed high performance
 Example: State of Kerala
(Southern India)
 Example: State of Mumbai
(Western India)
 Other states have lagged
behind considerably