Lesson 7
Intended Learning Outcomes:
At the end of the lesson the students must be able to :
Define state
Identify the elements of a state
Differentiate the following terms :
State and society 
  State and nation
  State and Government.

THE STATE AND ITS ELEMENT

2.1 Definition 

2.2 Elements

2.3 State and society 

 2.4 State and nation

 2.5 State and Government.

INTRODUCTION 

The modern term “state” is derived from the word “status”. It was
Niccolo Machiavelli ( 1469 – 1527) who first used the term “state” in his
writings. His important work is titled as “Prince”
 Definitions : 
The state is the most universal and most powerful of all social
institutions. The state is a natural institution. Aristotle said man is a
social animal and by nature he is a political being. To him, to live in the
state and to be a man were identical.
 The state is the highest form of human association. It is necessary
because it comes into existence out of the basic needs of life. It
continues to remain for the sake of good life 
To Woodrow Wilson, “State is a people organized for law within a
definite territory.”
 Aristotle defined the state as a “union of families and villages having for
its end a perfect and self – sufficing life by which it meant a happy and
good life”. Burgess defines the state as “a particular portion of mankind
viewed as an organized unit.”
According to Sidgwick. “State is a combination or association of persons
in the form of government and governed and united together into a
politically organized people of a definite territory.” 
According to Garner, “State is a community of people live in a definite
form of territory free of external control and possessing an organized
government to which people show habitual agreement.” 
Prof. Laski defines “state as a territorial society divided into government
and subjects whose relationships are determined by the exercise of
supreme coercive power.”
 THE ELEMENTS OF STATE
 From the above definitions, it is clear that the following are the
elements of the state 
 Physical bases of the State
 1. Population 
2. Territory
 Political bases of the State 
1. Government
2. Sovereignty

Population
 It is the people who make the state. Population is essential for the state.
Greek thinkers were of the view that the population should neither be
too big nor too small. According to Plato the ideal number would be
5040. According to Aristotle, the number should be neither too large nor
too small. It should be large enough to be self - sufficing and small
enough to be well governed.
 THE ELEMENTS OF STATE Greek thinkers like Plato and Aristotle thinking
on the number was based on small city – states like Athens and Sparta.
Modern states vary in population. India has a population of
102,70,15,247 people according to 2001 census.
Territory 
There can be no state without a fixed territory. People need territory to
live and organize themselves socially and politically. It may be
remembered that the territory of the state includes land, water and air –
space. The modern states differ in their sizes. Territory is necessary for
citizenship. As in the case of population, no definite size with regard to
extent of area of the state can be fixed. There are small and big states.
Prof. Elliott “territorial sovereignty or the Superiority of state overall
within its boundaries and complete freedom from external control has
been a fundamental principle of the modern state life”. India has an area
of 32,87,263 sq. km. Approximately India occupies 2.4% of the global
area.
 Government 
 Government is the third element of the state. There can be no state
without government. Government is the working agency of the state. It
is the political organization of the state. Prof. Appadorai defined
government as the agency through which the force of the State is
formulated, expressed and realized. According to C.F. Strong, in order to
make and enforce laws the state must have highest authority. This is
called the Government.
 Sovereignty 
The fourth essential element of the state is sovereignty. The word
”sovereignty” means supreme and final legal authority above and
beyond which no legal power exists
Sovereignty has two aspects : 
Internal sovereignty means that the State is supreme over all its citizens,
and associations. 
External sovereignty means that the state is independent and free from
foreign or outside control.

Differences between state and society : 

The society consists of a large number of individuals, families, group and
institutions. The early political thinkers considered both state and society
as one. State is a part of society but is not a form of society. 
1.  State came into existence after the origin of the society.  Society is
prior to the state. 
2.  The scope of the state is limited. The scope of society is much wider. 
3. State has fixed territory Society has no fixed territory
4. State is a political organization. Society is a social organization. 
5.  The state has power to enforce laws. Society has no power to enforce
laws.
 Differences between State and Nation : 
State and Nation: The word “nation” is derived from the Latin word
“natio” which means birth or race. The terms nation and state are used
as synonym.
Thus the distinction between the state and nation in clear. See the table
below. No State Nation 1.  Existed not only at present but also in the
ancient period Modern phenomenon or occurrence 
2.  It is legal political It is ethnic cultural.
3.  People organized for law within a definite territory. People
psychologically joined together with common will to live together 
4 A state must be sovereign. People continue as a nation even if they do
not remain Sovereign 
5 Inhabited (populated) by heterogeneous groups of people Inhabited
(populated) by homogeneous groups of people.
Differences between State and Government :
 State and Government: Government is often used with the ‘state’ as
synonym. But both the government and the state are two different
entities (unities). There are differences between the state and the
government. They are explained below
State  Government
1. State consists of population, territory, Government is part of the state
government and sovereignty
Powers of the government are derived
2. State possesses original powers. from the state.
3 State is permanent and continues forever. Government is temporary It may come
4 State is abstract and invisible. and go.
Government is concrete and is visible.

Branches of government
Legislative Branch
Executive Branch
Judicial Branch

Executive:   It is one of the three branches of government as given

above. State functions through the executive, the namely the
government. It is the duty of the executive or enforce the laws passed by
the legislature. The executive who exercise real power is the real
executive. The executive who has nominal power is the normal
executive.
Powers and functions of executive are :
1. Enforcing law 
2. Maintaining peace and order.
3. Repelling aggression (violence).
 4. Building friendly relations with other states 
5. When necessary to wage war to protect the country. 
6. Making appointments to higher posts.
7. Raising money and spending them. 
8. Convening the sessions of the legislature and conducting business.
9. Issues ordinances whenever the legislature is to in session.
10. Implement schemes and projects to improve he social and economic
conditions of the people. 
11. Power to grant pardon, reprieve or remission of punishment. 
Legislature 
The legislature is the law making branch. The legislature has an
important role in the adjustment of the constitution. The legislature is a
deliberative body where matters of social, economic and political
concerns are discussed, debated and decided.
 Judiciary
Judiciary is the third important organ of the government Machinery
(equipment). 
Its main function is to interpret  laws and administer justice.
 Functions of Judiciary:
 1. Administration of justice.
 2. To determine what is law and what is the cope (deal with ) and
meaning of it.
 3. To give advisory opinion on matters referred to it.
 4. To issue orders or writs for the purpose of preventing violation of
rights and laws. 
5. To acts as guardian of the constitution

Good day everyone! There is a change of plan for our activities for today due to the
activity of the school . I announced last Monday that we will have our quiz about the
voyage of Ferdinand Magellan, the awakening of the nationalistic feelings of the
Filipinos, the reform movements and the La Liga Filipina, Jose Rizal, the founding and
discovery of the katipunan, rise and fall of Bonifacio and Emilio Aguinaldo and his
government. We will have this quiz on Monday April 12 and our SYNCHRONOUS
meeting will be on Tuesday. Meanwhile, kindly READ our next lessons for you to be
prepared for our next activity for Tuesday and Wednesday next week ( April 13 and
April 14).
Looking into the previous lessons that we have discussed we have seen the History of
the Philippines unfolds from Pre- Spanish Philippines - Barangay Government Spanish
Period - Spanish Colonial Government
Propaganda Movement - Rise of Middle Classes
La Liga Filipina - Jose Rizal
The Katipunan - Andres Bonifacio
Revolutionary Government of Emilio Aguinaldo using different sources of History.

Before going further may we have knowledge on the elements of a STATE and
Constitution.

Kindly look into the attached document.

Lesson 8 :

Intended Lesson Outcomes

At the end of the lesson the students must be able to:

Define constitution
State the importance of a constitution
Differentiate the different forms of constitution
Trace the evolution of the 1987 Constitution

Nature and Types of Constitution

Constitution: It is the supreme law of a state that lays down rules regulating
the organization, powers, and functions of government. 
It defines the basic features of the state and the relationship between the
state and its citizens. 
It can also be defined as: The fundamental and organic laws and principles of
a country or state that create a system of government and provide a basis
against which the validity of all other laws is determined.  [Webster’s New
World Law   Dictionary (2006:92] 
The fundamental and organic law of a nation or state that establishes the
institutions and apparatus of government, defines the scope of governmental
sovereign powers, and guarantees individual civil rights and civil liberties.
[Black’s Law Dictionary (2009:353)  

Types of constitution 
1. Written and unwritten. This classification is based on the constitution's
physical form.
 What is a written constitution? It is a single, formal document that describes
the arrangement of governance in a country. It is framed systematically,
usually by a representative body called the constituent assembly, after many
deliberations and discussions. 
What is an unwritten constitution? An unwritten constitution is derived from
several sources that are part written and unwritten, such as conventions,
traditions, customs, Acts of parliament, and common law.  It is flexible and
evolves over some time. 

What are the differences between written and unwritten constitutions? 

2. Flexible and rigid. This classification is based on the amendment
procedure. What is a flexible constitution?
 A flexible or elastic constitution can be easily amended. For this type,
constitutional law can be amended in the same way as ordinary law.
Some advantages of a flexible constitution include: 
Its ability to change quickly in accordance with changes in the social and
political environment of the society and the state. 
Helpful in meeting emergencies since it can be easily amended. 
It is dynamic; hence there is less opportunity for revolt. This is also because of
its ability to keep pace with changing times. It keeps on developing with time;
hence, it is up to date and popular.
 Disadvantages of a flexible constitution include: It is a source of
instability. This is because the government in power can use it for its benefit. It
is unsuitable for a federation. This is because it can lead to undesired
changes by the federal government or governments of federating units. What
is a rigid constitution? 
This is the kind of constitution that cannot be easily amended. It is amended
by a particular procedure requiring the passing of the amendment proposal by
a big majority of votes followed by ratification by the people in a referendum. 

Advantages of a rigid constitution include: It is a source of stability in

administration.
 It maintains continuity in administration
 It cannot become a tool in the hands of the party exercising the state's power
at a particular time. 
It prevents the autocratic exercise of powers by the government It is ideal for
a federation 
Disadvantages of a rigid constitution include: It doesn't keep pace with the
fast-changing social environment 
It hinders the process of social development because of its inability to change
easily 
It is a source of hindrance during emergencies Its inability to change easily
can lead to revolts against the government It can be a source of
conservativeness. 
What is the difference between rigid and flexible constitution? While a rigid
constitution can't be easily amended, a flexible one can be amended in the
same way as ordinary law. 
3. Evolved and Enacted Constitution 
What is evolved constitution? 
This type of constitution is not made at any time by any assembly of persons.
Instead, it is a result of a slow and gradual process of evolution. 
Its rules and principles draw binding force from being recognized as ancient,
historical, time tested, and respected customs and conventions 
What is an enacted constitution? 
It is made, enacted, and adopted by an assembly or council called a
Constituent Assembly or Constitutional Council. 
It is duly passed after a thorough discussion over its objectives, principles,
and
provisions. 
It is written in the form of a book or a series of documents systematically and
formally. 
Examples of enacted constitutions include those of India, the USA, Japan,
and China. Sources of constitution They include: The people Statutory
instruments or Acts of parliament Judicial precedents and interpretations, that
is, court decisions Customs and conventions International conventions and
treaties Academic works of eminent jurists and political scientists. 

Features of   a good written constitution

A good constitution should have the following features:
Clarity and definiteness 
Brevity 
Comprehensiveness 
Flexibility
Declaration of rights
Independence of judiciary 

Qualities of a good constitution

 A good constitution should have the following qualities: 

The language used must be simple, clear, and unambiguous
It must be systematically written
Should have the ability to change and develop according to the changes in
the environment and the needs of the people
Should be neither unduly rigid nor unduly flexible
Must provide for the fundamental rights and freedoms of the people 
Should clearly define the organization, powers, functions, and interrelations of
the government and its organs 
Must provide for the organization of a representative, responsible, limited, and
accountable government
Must clearly reflect the sovereignty of the people 
Functions of constitution 
A constitution does the following: 
Curbs the powers of government by fundamental law 
Protects the rights of individuals.
Establishes the principle of the rule of law. 
Saves the state from anarchy. 
Defines the operations of the sovereign power of the state.
Limits the vagaries of present and future generations. 

Importance of constitution
 Why do we need a constitution? 
Here are several reasons why a constitution is important:
 It governs all, and no one can violate its rules.
 It reflects the sovereign will of the people. 
It expresses the identity and values of a national community.
It commits states to particular social, economic, and development goals. It
declares and defines the rights and duties of citizens. 
It gives a detailed account of the organization of the government.
 It lays down the aims, objectives, values, and goals the people want to
secure. 
In a federation, it lays down the division of powers between the central
government and the governments of the federating states or provinces. 
It lays down the election system and political rights of the people. 
It provides for the independence of the judiciary and the rule of law. It declares
and defines the nature and authority of the political community.