State, Nation and Government

Meaning of State

(1987 Phil. Consti.)

A State is a community of persons, more or less

numerous
Permanently occupying a definite portion of
territory
Having a government of their own to which the
great body of inhabitants render obedience
And enjoying freedom from external control

Elements of the State

People
Territory
Government
Sovereignty

People

Mass of population living within the State

Without people, no subjects to govern
No requirement as to the number of people
Neither too small nor too large
Small enough to be governed
Large enough to be self-sufficing
Vatican- smallest state
China- largest state in point of population

Territory
Includes not only land over which jurisdiction of
the state extends, but also to the rivers and lakes
therein, sea, its coast and air space above it
Domain: terrestrial, fluvial, maritime and aerial
Smallest state in point of territory is Vatican
with just 0.43 km ( Canada-3,852,000sqm)

Government
The agency through which the will of the state is
formulated, expressed and carried out
Sometimes refers to the person or aggregate of
those persons in whose hands are placed for the
time being the function of political control
Administration (GMA, Aquino, Marcos, etc)

Sovereignty
The supreme power of the state to command and
enforce obedience to its will from people within
its jurisdiction and to have freedom from foreign
control
Two manifestations or features:
Internal or the power of the state to rule within
its territory
External or the freedom of the state to carry
out its activities w/out control by other states

Origin of States
Divine right theory- the state is of divine
creation and the ruler is ordained by God to
govern the people
Necessity theory(force theory)- that states must
have been created by force
Paternalistic theory- from family where
authority is held by the mother or father
Social contract theory

Comparison
State

Nation

Political concept
Not subject to external control
Consists of one or more nations
or peoples
Philippines- one nation
USA- several peoples

Ethnic concept
May or may not be subject to
external control
Made up of several states
Arab nations: Egypt, Saudi
Arabia, Jordan, Syria, Lebanon,
etc.

To further define a Nation

A nation is a group of people bound together by
certain characteristics such as common social
origin, language, customs, and traditions and
who believe they are one and distinct from
others
Synonymous with people

State VS Government
The government is the only agency through
which the will of the state is expressed.
A state cannot exist without a government but it
is possible to have a government without a state
A government may change its form, but the
government remains the same

Purposes of government
It exists and should continue to exist for the
benefit of the people governed
Protection of society and its members
Security of persons and property
Administration of justice
Preservation of the state from external danger
Advancement of the physical, economic, social
and cultural well-being of the people

Forms of government
As to the number of persons exercising sovereign
powers
As to extent of powers exercised by the central or
national government
As to relationship between the executive and the
legislative branches of government

As to the number of persons

A. Monarchy or one in which the supreme and
final authority is in the hands of a single person
without regard to the source of his election or
the nature or duration of his tenure.
Absolute monarchy- ruler rules by divine right
Limited monarchy-ruler rules in accordance
with a constitution

Cont
B. Aristocracy or one in which political power is
exercised by a few privileged class (aka
oligarchy)
C. Democracy or one in which political power is
exercised by a majority of the people
Direct or pure democracy
Indirect, representative, or republican
democracy

As to extent of power
Unitary government or one in which the control
of national and local affairs is exercised by the
central or national government
Federal government or one in which the powers
of government are divided between two sets of
organs, one for national affairs and the other for
local affairs ( each organ being supreme within
its own sphere)

As to relationship
Parliamentary government: executive and
legislative merge, the cabinet is immediately and
legally responsible to the legislature while the
executive Chief of State- holds no
responsibility
Presidential government: executive is
independent constitutionally from the legislature

Inherent powers of the State

Police power
Power of taxation
Power of eminent domain

Eminent domain
The right of or power of the state or of those to
whom the power has been lawfully delegated to
take or expropriate private property for public
use upon paying to the owner a just
compensation to be ascertained according to
law.

Conditions or limitations
Existence of public use- public benefit or public
utility or public advantage
Payment of just compensation: as determined by
the proper court, fair market value
Observance of due process of law in the taking:
due notice and hearing in the expropriation
proceedings

Police power
The power has been referred to as the power of
the State to enact such laws or regulations in
relation to persons and property as may promote
public health, morals, safety and the general
welfare and convenience of the people

taxation
The power of the state to impose charge or
burden upon persons, property, or property
rights, for the use and support of the
government and to enable it to discharge its
appropriate fuctions.