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.
S TATE VS. NATION
FOUR ESSENTIAL ELEMENTS OF
1. People
STATE :
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 SOVEREIGNTY
1. 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.
F ORMS OF GOVERNMENT
A. According to the
number of People
who rule
1. MONARCHY
2. OLIGARCHY
3. DEMOCRACY
 F ORMS OF
B. According to
GOVERNMENT
the
relationship
between the
National &
Local

1. FEDERAL
2. UNITARY
 F ORMS OF GOVERNMENT
C. According to the status of
those who hold the rein of
Government
1. CIVIL
2. MILITARY
 F ORMS OF
GOVERNMENT
D. According to the
Relationship
between the
Executive &
Legislature
1. PARLIAMENTARY
2. PRESIDENTIAL
F ORMS OF GOVERNMENT
E. OTHER FORMS
1. DESPOTIC
2. TOTALITARIAN
3. REPUBLICAN
4. CONSTITUTIONAL
5. DE JURE
6. DE FACTO
7. REVOLUTIONARY
 LAW-MAKING,
EXECUTE, IMPLEMENT,
FORMULATION OF
ENFORCE
POLICIES INTERPRET LAWS,
JUSTICE
MEMBERS OF THE PRESIDENT, GOVERNOR,
HOUSE OF MAYOR, PUNONG INTERPRET LAWS,
REPRESENTATIVES, BARANGAY, SK JUSTICE
SENATORS, BOARD CHAIRMAN
MEMBERS, COUNCILORS

JUSTICES, JUDGES
PRINCIPLES GOVERNING THE OPERATIONS
OF GOVERNMENTAL POWERS
(3 BRANCHES)

1.SEPARATION OF POWERS
2. SYSTEM OF CHECK AND BALANCE
3.BLENDING OF POWERS
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