POLITICAL LAW AND PUBLIC INTERNATIONAL LAW: An Overview

Political Law and Public International Law are two interconnected branches of law that govern the organization and operation of governments and the relationships between sovereign states, respectively. Below is a comprehensive outline of these two fields.

PART I: POLITICAL LAW

Political Law refers to the legal principles that regulate the relationship between the government and its citizens, as well as the organization and functioning of the government itself. It covers a broad range of topics, including constitutional law, administrative law, and the law on public officers. The following are the core concepts within Political Law:

1. Constitutional Law

Constitutional Law is the branch of political law that deals with the interpretation and application of the Constitution. It outlines the structure of the government, the powers of its various branches, and the rights of the people.

Constitution: The fundamental law that establishes the framework of government and limits its powers. The 1987 Constitution is the current constitution of the Philippines.
- Principles and Policies: The Constitution begins with fundamental principles such as sovereignty of the people, separation of powers, checks and balances, and the rule of law.
- Bill of Rights: A significant part of the Constitution that guarantees civil liberties, such as due process, equal protection, freedom of speech, religion, and assembly.
- Doctrine of Separation of Powers: Divides government powers into three branches – Executive, Legislative, and Judicial. Each branch has specific powers and responsibilities:
  - Executive Branch: Headed by the President, responsible for enforcing laws.
  - Legislative Branch: Composed of the Senate and the House of Representatives, responsible for making laws.
  - Judicial Branch: The Supreme Court and lower courts, responsible for interpreting laws.
- Judicial Review: The power of courts to declare a law or executive act unconstitutional. It is a key feature of constitutional law, ensuring that laws and executive actions comply with the Constitution.
- Amendments and Revision: The Constitution can be changed through amendments or revisions. Amendments may be initiated by Congress, a constitutional convention, or a people's initiative.
- State Immunity: The state cannot be sued without its consent, known as the doctrine of non-suability.

2. Administrative Law

Administrative Law governs the rules and regulations set by government agencies to implement the laws passed by Congress. It includes the exercise of quasi-legislative (rule-making) and quasi-judicial (adjudicatory) powers by administrative agencies.

Administrative Agencies: Bodies created by the legislature to oversee specific areas (e.g., Labor, Environment, Health).
Quasi-Legislative Power: The authority of administrative agencies to create rules and regulations to carry out the provisions of a statute.
Quasi-Judicial Power: The power of administrative agencies to decide on cases involving the application of their rules and regulations.
Judicial Review of Administrative Actions: Courts can review administrative actions for any grave abuse of discretion, especially when they violate constitutional rights or exceed their delegated authority.

3. Law on Public Officers

This area of political law deals with the rights, duties, and responsibilities of public officers.

Qualifications and Disqualifications: Public officers must meet specific criteria to hold office, including citizenship, age, residency, and capacity to discharge duties.
Accountability: Public officers are accountable to the people. Mechanisms like impeachment, recall, and administrative actions are in place to ensure this accountability.
Civil Service: Government employees fall under the civil service system, which ensures merit-based hiring and protects workers from political influence.
Election Law: This includes the laws governing the conduct of elections, such as the Omnibus Election Code, regulation of campaign finance, and provisions on electoral fraud.

PART II: PUBLIC INTERNATIONAL LAW

Public International Law governs the relationships between sovereign states, international organizations, and, to some extent, individuals. It includes treaties, conventions, customary international law, and principles recognized by civilized nations. Public International Law plays a significant role in ensuring peaceful relations, human rights protections, and global cooperation. Key areas include:

1. Sources of International Law

International law is derived from various sources, which are enumerated under Article 38 of the International Court of Justice (ICJ) Statute:

Treaties and Conventions: Binding agreements between states that establish legal obligations. A state must explicitly consent to be bound by a treaty.
Customary International Law: Practices that states consistently follow out of a sense of legal obligation. For example, diplomatic immunity is a principle of customary law.
General Principles of Law: Principles that are universally recognized by legal systems, such as good faith and equity.
Judicial Decisions and Scholarly Writings: While not binding, these can guide the interpretation of treaties and customary international law.

2. State Sovereignty and Jurisdiction

States are the primary subjects of international law and enjoy sovereignty, meaning they have supreme authority within their territories. However, they are also bound by international obligations.

Territorial Jurisdiction: A state has exclusive jurisdiction over all persons, properties, and events within its territory.
Extraterritorial Jurisdiction: In certain cases, a state may exercise jurisdiction outside its territory, such as in cases involving crimes against humanity or violations of international norms (e.g., piracy, terrorism).
Sovereign Immunity: States are generally immune from the jurisdiction of foreign courts unless they consent to be sued.

3. International Organizations

International organizations play a significant role in facilitating cooperation between states and addressing global challenges.

United Nations (UN): The UN is the most prominent international organization, aimed at maintaining international peace and security. It includes various bodies like the General Assembly, the Security Council, and the International Court of Justice.
International Court of Justice (ICJ): The principal judicial organ of the UN, the ICJ settles disputes between states and gives advisory opinions on legal questions referred to it.
International Criminal Court (ICC): The ICC prosecutes individuals for international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.

4. International Human Rights Law

This area of international law protects the fundamental rights of individuals, regardless of nationality. Key instruments include:

Universal Declaration of Human Rights (UDHR): A landmark document adopted by the UN General Assembly in 1948, setting out fundamental human rights.
International Covenant on Civil and Political Rights (ICCPR): A multilateral treaty that commits states to respect civil and political rights of individuals, such as freedom of speech, religion, and the right to a fair trial.
International Covenant on Economic, Social and Cultural Rights (ICESCR): A treaty that guarantees rights related to work, education, health, and an adequate standard of living.

5. Law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS) is the principal international agreement governing maritime issues, including:

Territorial Waters: States have sovereignty up to 12 nautical miles from their coast.
Exclusive Economic Zone (EEZ): A state has special rights regarding the exploration and use of marine resources up to 200 nautical miles from its coast.
High Seas: Areas beyond national jurisdiction where freedom of navigation is guaranteed.

6. International Humanitarian Law (IHL)

Also known as the law of armed conflict, IHL seeks to limit the effects of war on individuals and property. It includes:

Geneva Conventions: A series of treaties that set standards for the humane treatment of individuals during war, including soldiers, civilians, and prisoners of war.
Hague Conventions: Treaties that regulate the conduct of hostilities, including the use of weapons and military tactics.

7. International Dispute Resolution

Peaceful resolution of disputes between states is a cornerstone of international law. Methods include:

Negotiation: Direct discussions between states to resolve disputes.
Mediation and Conciliation: Third-party involvement to facilitate the settlement of disputes.
Arbitration: A binding decision made by an impartial tribunal based on international law.
Adjudication: Refers to judicial proceedings, such as those before the ICJ, where legal disputes between states are settled.

CONCLUSION

Political Law governs the internal organization of states and their relationship with their citizens, while Public International Law regulates the conduct of states and international entities in their interactions with one another. Both fields are critical in ensuring the rule of law, the protection of human rights, and the maintenance of international peace and order. Political Law ensures good governance and protects individual freedoms domestically, while Public International Law fosters cooperation and resolves conflicts on a global scale. Together, they form the backbone of legal systems in both the national and international arenas.