state and govt (edited)

7/28/2019 State and Govt (edited)

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STATE & GOVT

What is the difference between

STATE & NATION?What are the elements of a state?What are the powers of the state?


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What is the difference betweenstate and nation??

A state is structured and indicates that it is apolitical concept because of the four elementsfound in it : people, territory, sovereignty

(independence) and most important of all isgovernment.

Nation, on the other hand, is an ethnic concept

because even if it has people as an element, it isonly bound together by something they have incommon; like common religion, commonlanguage or common culture.


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What is the difference betweenstate and nation??

A Filipino who migrated in the United Statescan be called as a Filipino national but an

American citizen. This means that this(former) Filipino knows that culturally hebelongs to the Filipino nation, but politically,he belongs to the American state.


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Based on the definition of aSTATE, it has four elements. Thismeans that a community of

people can be called a STATE onlyif it fulfils this fourrequirements :


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Self-perpetuatingSelf-sufficing


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As written in your workbook, composedof both sexes of sufficient number to beself- perpetuating. ---this means thatpeople does not necessarily have to bemore or less, but it is important that itcan produce the next generation.

PEOPLE AS SELF -PERPUATING


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PEOPLE AS SELF-SUFFICING

This means that despite the number of population the state has, its people

should be able to stand on its own, usingits resources.

People is able to provide for themselves

without external aid or help.


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Definite portion....3 types of domains....

Archipelagic doctrine...


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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, thepurpose of which is to identify the boundariesand 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 suchtime that one cannot breath ;)), fluvial (waterswithin) & maritime (waters outside but stillwithin the territory) domain


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Maritimedomain

Terrestrialdomain

Fluvialdomain

Note : aerialdomain is thearea fromterrestrialdomain up to

theatmosphere.Space isconsidered asopen territory,which meansthat no statecan claimownership

to...


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ARCHIPELAGIC DOCTRINE

This is a doctrine that acknowledges theuniqueness of our territory and identifies itsboundaries despite the fact that our islandsare divided by water. The doctrine states thatthe waters around, between and connectingthe islands are considered as part of the

national unit.


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TERRITORIAL SEA

belt of water outside and parallel to thecoastline or the outer limits of the inland or internal waters. This extends 19 kms or 12nautical miles from the low-water mark. Theterritorial sea is also subject to 200 milesexclusive economic zone.


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INTERNAL & EXTERNALLEGAL & POLITICAL


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INTERNAL & EXTERNAL Sovereignty

Internal Sovereignty is the power of the State incontrolling its domestic or internal affairs without havingto rely on external or outside help or without interventionfrom outside forces like other states & international

organizations. The power of the state to decide on itsown.

external sovereignty is the capacity of the state torelate itself with other states in pursuing its interests.

However, this does not mean that the state we have anagreement with can dictate us on what we need to do.External sovereignty means that we have the capacity todecide on how we need to relate with other states.


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LEGAL & POLITICAL SOVEREIGNTY

Legal sovereignty is the power of the state toissue final commands. This power is vested tothose who we gave authority to decide for us.Example is the President or the Congress.

Political sovereignty is the all the influencesbehind the legal sovereignty. Since we are theones who gave them the authority to decide,we, the electorate (or the voters) areconsidered as the political sovereignty.


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GOVE

RNM

ENT


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GOVERNMENT

This is by far the most important elementbecause it is with the government that thepeople renders habitual obedience to.

The government ensures that people rendershabitual obedience to the rules andregulations formulated and implemented.


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Mens conflicting interestsare reconciled

Regulate activities of people/their freedom -----through policies and laws

Delivery of social services

WHY DO WE NEED A GOVT?


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CONSTITUENT FUNCTIONS :

- basic functions of the governmentthat must be performed. Their performance is the minimumrequirement for an orderly existence.


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MINISTRANT FUNCTIONS :

- those undertaken to advancethe general interests of society,such as public works, publiccharity, and regulation of tradeand industry.


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differ according to the purposesof the body of the people to begoverned and circumstancesunder which the government is

conducted. --- Arthur N. Holcombe (Colliers Encyclopedia. 1996 )

This means that no two governments areexactly the same...


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A . A cco rd ing the Num ber of Peop le wh o Ru le

MONARCHYKing (1)

People

OLIGARCHYOligarchs (few)

People

DEMOCRACYGovernment

People

r ul e

r ul e

r ul e

A u t h or i t y

t or ul e

Monarchy is a rule by one person; oligarchy is a rule by a few; both withmonarchy and oligarchy, the people just accepts the rulership of thegovt leaders. With democracy on the other hand, it is a rule by manyas the people elect the government leaders.


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B . A cco rd ing to the Relat ionsh ip B etw een the Nat ion al and Lo cal Governments

FEDERAL UNITARYNational Govt

Local Govt

People

National Govt

Local Govt

PeopleIn a unitary government, the national government has supreme power over the local government. Whatever autonomy the local govt has, it s powersare limited. While in the federal government, the local govt has strongpowers over the people as it can make its own laws and decisions over its

locality.


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EXAMPLES for Federal Govt & Unitary govt : United State is a federal government. It is a country which is

composed of 50 states. Each state is like the Philippineversion of a Province. However, the state governor (the headof each state) is like a little President. Each state can tax theirstate and the funds goes back to the state. Each state alsohas its own constitution and laws. Thus, a law of one state isdifferent from another state.

The Philippines is a unitary state. The local government

cannot make decisions without consulting the nationalgovernment. When we are taxed, it goes to the national govtand the national govt distributes this to the localgovernments.


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C. Ac co rdin g to the S tatus (e ither c iv i l ian or mil i ta ry) of those who hold the Rein of the Government :

CIVIL GOVT

Civilian Authority

People

MILITARY GOVT

Military Authority

People

r ul e

A u t h or i t y

t o

r ul e

These forms of government indicate what is the status or position of theone holding government rulership, either the head of government is acivilian or a military officer and has retained his position in the armedforces.Martial law is not a form of military government because the head of government is still a civilian and only gives temporary powers to the military

to pacify the people in case of rebellion or a state of emergency.


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D. A cc ord ing to th e Relat ion sh ip B etw een the Execu t ive and the L egis la ture

PRESIDENTIALPARLIAMENTARY

EXEC. LEG.

People

EXEC. LEG.

People

r ul e

A u t h or i t y

t or ul

e

r ul e

A u t h or i t y

t or ul

e

A u t h or i

t y

t or ul e

r ul e

r ul e

Authorityto rule

In a presidential government, both the Executive (represented by the President) and theLegislature (represented by the Senators & the Congressmen) rule over the people.The authority to rule comes from the people as the people voted for them during theelections. For a parliamentary government, although both the Executive (PrimeMinister) and Legislature (Parliament) rule over the people, the people elects themembers of the Parliament and the Parliament chooses the Prime Minister. So thePrime Minister is responsible to the Parliament not to the people.


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The Philippine government :

Democracy (authority to rule of thegovernment comes from majority of thevoters)

Unitary (our local government only has limitedand temporary powers)

Civil (our President has Civilian authority) Presidential (our govt utilizes the principle of

separation of powers and system of check andbalance)


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THREE GOVERNMENTAL POWERS :

Legislative power the power to make laws,usually vested to the Congress or theParliament.

Executive power the power to implement orenforce laws, usually vested to the Presidentor the Prime Minister.

Judicial power the power to apply, interpretand adjudicate (to make an official decisionabout an issue) laws.


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1. Separation of Powers this is the principle guaranteesthe three powers are separated. This means that eachpower is focused on only one task. No onedepartment 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, theother departments corrects the mistakes of thisdepartment.

3. Blending of Powers this principles assures us that atask can only be completed with the cooperation of 2

or more departments.

PRINCIPLES governing the operation of governmental powers :


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After a State has fulfilled all four

elements (including recognition byother states), automatically theState is given three powers : POLICEPOWER, POWER OF TAXATION andthe POWER OF EMINENT DOMAIN.


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This is the power of the state to regulatethe activities of the people to ensure thatpeace and harmony exists....while therole of the military is to defend the state,the police promotes the welfare of thepeople by restraining and regulatingtheir use of liberty and property. So thatNO one man can just can kill another aspart of his freedom of expression or for one to steal from another. Police power protects us from each other.


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Power of TAXATION

This is the power of the state that ensurewe have money to implement our rulesand introduce development to the state.This power promotes the welfare and theinterests of the people though the

proportionate share from its people.


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POWER OF EMINENT DOMAIN

This is the power of the state that takesaway private property for public use.

Please read page 23 of your workbookfor further study.

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