CONCEPT OF STATE AND GOVERNMENT

CONCEPT OF STATE AND

GOVERNMENT

According to James Garner, the STATE is a community of persons more or less numerous occupying a definite portion of territory completely free of external control and possessing

an organized government to which a great body of inhabitants render

habitual obedience.

STATE VS. NATION

FOUR ESSENTIAL ELEMENTS OF STATE:

1. People

2. Territory

3. Sovereignty

4. Government

People refer to the inhabitants of the state. There is no strict

requirement on their number, but they must be of sufficient number to

be self-sufficing.

Territory is a fixed portion on the surface of the earth inhabited by

the people of the state.

Sovereignty is the supreme and uncontrollable power inherent in a State.

2 KINDS OF SOVEREIGNTY1. Legal- is the authority which has the power to issue final

commands;

2. 2. Political – is the power behind the legal sovereign, or the sum

total of the influences that operate it.

Government is the instrument that provides mechanisms in determining, formulating, and implementing the policies of the state. It is the essential instrument or machinery of the state that carries out its will, purposes and objectives.

TWO FUNCTIONS OF GOVERNMENT

1. CONSTITUENT – Compulsory function

2. MINISTRANT- Discretionary function

ADMINISTRATION

Refers to the group of persons in

whose hands the reins of the

government are held for the time

being.

FORMS OF GOVERNMENTA. According to the

number of People who rule

1. MONARCHY

2. OLIGARCHY

3. DEMOCRACY

FORMS OF GOVERNMENT B. According to

the relationship between the National & Local

1. FEDERAL

2. UNITARY

FORMS OF GOVERNMENT

C. According to the status of those who hold the rein of Government1. CIVIL

2. MILITARY

FORMS OF GOVERNMENT

D. According to the Relationship between the Executive & Legislature

1. PARLIAMENTARY

2. PRESIDENTIAL

FORMS OF GOVERNMENT

E. OTHER FORMS

1. DESPOTIC

2. TOTALITARIAN

3. REPUBLICAN

4. CONSTITUTIONAL

5. DE JURE

6. DE FACTO

7. REVOLUTIONARY

EXECUTE, IMPLEMENT, ENFORCE

LAW-MAKING, FORMULATION OF

POLICIES INTERPRET LAWS, JUSTICE

PRESIDENT, GOVERNOR, MAYOR, PUNONG

BARANGAY, SK CHAIRMAN

MEMBERS OF THE HOUSE OF

REPRESENTATIVES, SENATORS, BOARD

MEMBERS, COUNCILORS

INTERPRET LAWS, JUSTICE

JUSTICES, JUDGES

1.SEPARATION OF POWERS2. SYSTEM OF CHECK AND BALANCE

3.BLENDING OF POWERS

PRINCIPLES GOVERNING THE OPERATIONS OF GOVERNMENTAL POWERS

(3 BRANCHES)

POLICE POWER is the power of promoting the general welfare by restraining and

regulating the use of liberty and property.

Basis is the latin maxim salus populi est suprema lex (the

general welfare is the supreme law)

EMINENT DOMAIN

enables the State to acquire

private property upon

payment of just compensation

for some intended public

use.

TAXATION it means the State is able to demand

from the members of society their

proportionate share or contribution in the maintenance of the

government.

INHERENT IN THE STATE

SIMILARITIES OF THE 3 FUNDAMENTAL POWERS

NOT ONLY NECESSARY BUT INDISPENSABLE

METHODS TO INTERFERE PRIVATE RIGHTS

PRESUPPOSES AN EQUIVALENT COMPENSATION

EXERCISED BY LEGISLATURE