STATE AS A POLITICAL SYSTEM

STATE – refers to community of persons permanently occupying a definite portion of territory, independent from external control and possessing an organized government to which the great body of inhabitants renders habitual obedience. CLASSIFICATION OF STATE: 1. BASED ON BROAD SENSE:

• •

UNITARY – is one that is not divided into smaller political unit, each one being in itself more or less sovereign (PHILIPPINES). COMPOSITE – a number of political units, each unit enjoying some degree of internal sovereignty but recognizes the central organization as the seat of ultimate sovereignty (U.S.A.).

Note: A composite state is either CONFIDERATION or FEDERAL.

CONFIDERATION OF STATES – exist when a state is joining a number of states in agreement to act in common concerning certain specified matters, with each state retaining its full sovereignty.

FEDERAL STATE – is the actual union of several states which surrender full sovereignty to an indissoluble central government. 2. BASED ON INTERNATIONAL LAW:

INDEPENDENT VS. DEPENDENT

INDEPENDENT – are those political entities, which are free to control, manage and direct all their affairs internally or externally without intervention or interface from other states.

Note: The independent state is either SIMPLE or COMPOSITE.

 

SIMPLE – one which has single and centralized government exercising power or authority over all its internal or external affairs. COMPOSITE – one which consist of two or more states, each of which possesses a separate government of its own but under a central government which exercise the control of internal and external affairs of such component states.

DEPENDENT – are those which are subject to the authority of one or more states in the exercise and control of their external politics.

Note: The dependent states are classified into two types the SUZERAINTY and PROTECTORATE.

 

SUZERAINTY – is a state which is allowed to certain extent to manage its foreign affairs by the protector state. PROTECTORATE – is a state which through treaty agreement submits itself under the political protection and intervention of a strong state and which also surrenders its foreign policy direction to the protector state.

NEUTRALIZED VS. NEUTRAL

NEUTRALIZED – is one whose independence and integrity are guaranteed by a treaty on the condition that it shall not take up arms against any state except for self-defense. NEUTRAL – is one which through unilateral declaration of its own proclaims not to take side with any belligerent during war.

DUTIES AND OBLIGATIONS OF A STATE:

• • • •

RIGHT TO INDEPENDENCE AND SELFACTUALIZATION – is the obligation of the country to respect the independence of another state and to protect itself if there are threats. RIGHT TO DIPLOMATIC LAGATION – right to intercourse with other states for mutual assistance, cooperation and welfare. RIGHT TO TERRITORIAL JURISDICTION – right to exercise its power within the territory of the state. RIGHT TO PROPERTY AND DOMAIN – right over its property, including the terrestrial, fluvial, maritime, and aerial domains. NATIONS – STATES:

• •

NATION – is a cultural or ethnic concept, which may consist of one or more states. STATE – is a political and legal concept.

THEORIES OF ORIGIN OF THE STATES:

• DEVINE RIGHT THEORY – the origin of the states is believed to be the oldest idea
on which the existence of a state is based on the belief that the ancient emperors where the descendants of god to rule the people.

• SOCIAL CONTACT DOCTRINE – this theory states that the states where formed

through the voluntary organizing of the people all by themselves into one consistent state mechanism for the general welfare. result of mans desire for common protection by a stronger, powerful and influential ruler. live and stay together under a system of government and organization.

• NECESSITY AND FORCE THEORY – holds that the formation of the state was the • INSTINCTIVE THEORY – the state where formed through men’s natural desire to • PATRIARCHAL
ELEMENTS OF THE STATE: THEORY – the origin of the states where from the growth and sustained existence of the father under a father-like control leadership.

• PEOPLE – refers to the rational inhabitants of a state bind by law, living together
for the purpose of mobilizing a polity.

• TERRITORY

– is principally the geographical profile of a state or the terrestrial, fluvial, maritime, and aerial domains of the state.

Note: Under the international law, a state may either expand or decrease its territory.

 DISCOVERY

AND SUBJUGATION – it is one way of expanding the territory where as the state discovered a new place or area and claims it and it also supplemented by occupation.

 CONQUEST –

it is one way of expanding the territory through acquisition of another territory by force of arms. it is one way of expanding or losing the territory, lands may be acquired through the period of time or it may be lost through lapse of time

 PRESCRIPTION -

 ACCRETION – it is one way of losing or expanding the
territory through the force of nature.

 CESSION – it is one way of losing of a territory, is a
bilateral agreement whereby one state transfers sovereignty over a definite portion of its territory to another state.

• GOVERNMENT – is the agency and the machinery of the State through which the
people is formulated, expressed and carried out. upon the citizen

• SOVERIEGNTY – is the supreme power of the state to exact obedience to its laws
– the power of the state to command obedience, the power to which all interests are practically subject and will accordance.

PRINCIPLES OF SOVEREIGNTY:

 AUTO-LIMITATION – any state may by its constituents,
expressed or implied, submit to a restriction of its sovereignty rights.

 IMPERIUM – the state’s authority to govern is embraced
in the concept of sovereignty that will include the passing the laws governing a territory, maintaining peace and order, and defending it against foreign invasion.

 DOMINIUM – the capacity of the state to own or acquire
territory.

 MANIFESTATION OF THE SOVERIEGNTY:
 TERRITORIAL – refers to the authority of the state to
have all persons and things within its territorial limits to be completely subject to its control and protection.

 PERSONAL – it covers the authority of the state over its
nationals, their persons, property and acts, whether within or outside its territory.

 EXTRATERRITORIAL
PURPOSE AND FUNCTION OF A STATE:

– authority of the state over persons, things or acts, outside its territory limits by reason of their effects to its territory.

ESSENTIAL FUNCTION – are those which the state must perform in order to promote its power and authority so as to affirm the existence of the state. ACTIVITIES FOR THE PERSUANCE OF THE ESSENTIAL FUNCTION:

 Maintenance of armed forces  Maintenance of police forces

 Maintenance of courts  Maintenance of foreign service  Maintenance of tax collections and record keeping
agencies

• • •

SERVICE FUNCTION – are those which the state performs to promote the welfare of the people, and secures the interest of everyone. BUSINESS FUNCTION- are those which the state performs to provide services and to generate income, it also provides employment.

FUNDAMENTAL POWERS OF THE STATE: POLICE POWER – the fundamental right of a state to enact laws or regulations promoting the common good of the people in relation to the right and enjoyment of the person’s life and property. COVERAGE OF POLICE POWER OR THE POWER TO WRITE LAWS OR ORDINANCES:

 GENERAL

WELFARE CLAUSE – refers to the collective and total security, protection and aspiration of the people in a democratic society.

 PUBLIC MORAL CLAUSE – laws are enacted as a
result of growing out of collective sense of right and wrong in the community.

 PUBLIC HEALTH CLAUSE – laws are passed to
secure health benefits for the people.

 PUBLIC

SAFETY AND ORDER CLAUSE – law making body enact legislation that aims to promote public safety and order.

TAXATION – is another inherent feature of a state. – is the power to levy charges upon persons, property and others, as may defined by law in order to defray the expenses of the government and enable it to fully discharge its functions. CONSTITUTIONAL LIMITATIONS OF THE POWER OF TAXATION:

 Taxes must not be confiscatory  Taxes must be based on the progressive taxation
system and it must be uniformed

 No taxes can impair contracts  Taxes should not extent in the religious freedom  Mechanism and measures must be possessed by the
House of the Representatives

 Taxes should not violate the rule on the nonimprisonment on failure or refusal to pay community or residence tax

EMINENT DOMAIN – the power of the state to acquire, confiscate or take private properties for public use upon payment of just compensation.

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