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• A state is structured and indicates that it is a political concept because of the four elements found in it : people, territory, sovereignty (independence) and most important of all is government. • Nation, on the other hand, is an ethnic concept because even if it has people as an element, it is only bound together by something they have in common; like common religion, common language or common culture.
What is the difference between state and nation??
• A Filipino who migrated in the United States can be called as a Filipino national but an American citizen. This means that this (former) Filipino knows that culturally he belongs to the Filipino nation, but politically, he belongs to the American state.
• Based on the definition of a STATE, it has four elements. This means that a community of people can be called a STATE only if it fulfils this four “requirements” :
PEOPLE AS “SELF-PERPUATING”
• As written in your workbook, “composed of both sexes of sufficient number to be self-perpetuating.” ---this means that people does not necessarily have to be more or less, but it is important that it can produce the next generation.
PEOPLE AS “SELF-SUFFICING”
• This means that despite the number of population the state has, it’s people should be able to stand on its own, using its resources. • People is able to provide for themselves without external aid or help.
Definite portion.... 3 types of domains.... Archipelagic doctrine...
Let us jump to Article 1 of the 1987 Constitution (go to page 53 of your workbook)
• It is important that we define our territory, the purpose of which is to identify the boundaries and limitations of our resources for us to be able to manage our resources well. • Our territory has three domains : the terrestrial domain (the land area), the aerial domain (from land area going up to the atmosphere, until such time that one cannot breath ;)), fluvial (waters within) & maritime (waters outside but still within the territory) domain
Note : aerial domain is the area from terrestrial domain up to the atmosphere. Space is considered as open territory, which means that no state can claim ownership to...
Maritime domain Terrestrial domain
• This is a doctrine that acknowledges the uniqueness of our territory and identifies its boundaries despite the fact that our islands are divided by water. The doctrine states that the waters around, between and connecting the islands are considered as part of the national unit.
• belt of water outside and parallel to the coastline or the outer limits of the inland or internal waters. This extends 19 kms or 12 nautical miles from the low-water mark. The territorial sea is also subject to 200 miles exclusive economic zone.
INTERNAL & EXTERNAL LEGAL & POLITICAL
INTERNAL & EXTERNAL Sovereignty
• Internal Sovereignty – is the power of the State in controlling its domestic or internal affairs without having to rely on external or outside help or without intervention from outside forces like other states & international organizations. The power of the state to decide on its own. • external sovereignty – is the capacity of the state to relate itself with other states in pursuing its interests. However, this does not mean that the state we have an agreement with can dictate us on what we need to do. External sovereignty means that we have the capacity to decide on “how” we need to relate with other states.
LEGAL & POLITICAL SOVEREIGNTY
• Legal sovereignty is the power of the state to issue final commands. This power is vested to those who we gave authority to decide for us. Example is the President or the Congress. • Political sovereignty is the all the influences behind the legal sovereignty. Since we are the ones who gave them the authority to decide, we, the electorate (or the voters) are considered as the political sovereignty.
G O V E R N M E N T
• This is by far the most important element because it is with the government that the people “renders habitual obedience” to. • The government ensures that people “renders habitual obedience” to the rules and regulations formulated and implemented.
WHY DO WE NEED A GOVT?
Men’s conflicting interests are reconciled Regulate activities of people/their freedom ----through policies and laws Delivery of social services
CONSTITUENT FUNCTIONS :
- basic functions of the government that must be performed. Their performance is the minimum requirement for an orderly existence.
MINISTRANT FUNCTIONS :
- those undertaken to advance the general interests of society, such as public works, public charity, and regulation of trade and industry.
governments differ according to the purposes of the body of the people to be governed and circumstances under which the government is conducted. --Arthur N. Holcombe Encyclopedia. 1996 ) (Collier’s
A. According the Number of People who Rule MONARCHY OLIGARCHY DEMOCRACY
B. According to the Relationship Between the National and Local Governments FEDERAL UNITARY
National Govt Local Govt National Govt
C. According to the Status (either civilian or military) of those who hold the Rein of the Government: CIVIL GOVT Civilian Authority MILITARY GOVT Military Authority
D. According to the Relationship Between the Executive and the Legislature
The Philippine government :
• Democracy (authority to rule of the government comes from majority of the voters) • Unitary (our local government only has limited and temporary powers) • Civil (our President is a Civilian) • Presidential (our govt utilizes the principle of separation of powers and system of check and balance)
THREE GOVERNMENTAL POWERS :
• Legislative power – the power to make laws, usually vested to the Congress or the Parliament. • Executive power – the power to implement or enforce laws, usually vested to the President or the Prime Minister. • Judicial power – the power to apply, interpret and adjudicate (to make an official decision about an issue) laws.
PRINCIPLES governing the operation of governmental powers :
1. Separation of Powers – this is the principle guarantees the three powers are separated. This means that each power is focused on only one task. No one department gets hold of more than one governmental power.
2. System of Check and Balance – this principle makes sure that when one department abuses its power, the other departments corrects the mistakes of this department.
3. Blending of Powers – this principles assures us that a task can only be completed with the cooperation of 2 or more departments.
• After a State has fulfilled all four elements (including recognition by other states), automatically the State is given three powers : POLICE POWER, POWER OF TAXATION and the POWER OF EMINENT DOMAIN.
This is the power of the state to regulate the activities of the people to ensure that peace and harmony exists....while the role of the military is to defend the state, the police promotes the welfare of the people by restraining and regulating their use of liberty and property. So that NO one man can just can kill another as part of his freedom of expression or for one to steal from another. Police power protects us from each other.
Power of TAXATION
• This is the power of the state that ensure we have money to implement our rules and introduce development to the state. This power promotes the welfare and the interests of the people though the proportionate share from its people.
POWER OF EMINENT DOMAIN
• This is the power of the state that takes away private property for public use. • Please read page 23 of your workbook for further study.
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