State, Nation and Government

Meaning of State (1987 Phil. Consti.)A State is a community of persons, more or less numerousPermanently occupying a definite portion of territoryHaving a government of their own to which the great body of inhabitants render obedienceAnd enjoying freedom from external control

Elements of the StatePeopleTerritoryGovernmentSovereignty

PeopleMass of population living within the StateWithout people, no subjects to governNo requirement as to the number of peopleNeither too small nor too largeSmall enough to be governedLarge enough to be self-sufficingVatican- smallest stateChina- largest state in point of population

TerritoryIncludes not only land over which jurisdiction of the state extends, but also to the rivers and lakes therein, sea, its coast and air space above itDomain: terrestrial, fluvial, maritime and aerialSmallest state in point of territory is Vatican with just 0.43 km ( Canada-3,852,000sqm)

GovernmentThe agency through which the will of the state is formulated, expressed and carried outSometimes refers to the person or aggregate of those persons in whose hands are placed for the time being the function of political controlAdministration (GMA, Aquino, Marcos, etc)

SovereigntyThe supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and to have freedom from foreign controlTwo manifestations or features:Internal or the power of the state to rule within its territoryExternal or the freedom of the state to carry out its activities w/out control by other states

Origin of StatesDivine right theory- the state is of divine creation and the ruler is ordained by God to govern the peopleNecessity theory(force theory)- that states must have been created by forcePaternalistic theory- from family where authority is held by the mother or fatherSocial contract theory

ComparisonStateNationPolitical conceptNot subject to external controlConsists of one or more nations or peoplesPhilippines- one nationUSA- several peoplesEthnic conceptMay or may not be subject to external controlMade up of several statesArab nations: Egypt, Saudi Arabia, Jordan, Syria, Lebanon, etc.

To further define a NationA nation is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions and who believe they are one and distinct from othersSynonymous with people

State VS GovernmentThe government is the only agency through which the will of the state is expressed.A state cannot exist without a government but it is possible to have a government without a stateA government may change its form, but the government remains the same

Purposes of governmentIt exists and should continue to exist for the benefit of the people governedProtection of society and its membersSecurity of persons and propertyAdministration of justicePreservation of the state from external dangerAdvancement of the physical, economic, social and cultural well-being of the people

Forms of governmentAs to the number of persons exercising sovereign powersAs to extent of powers exercised by the central or national governmentAs to relationship between the executive and the legislative branches of government

As to the number of personsA. Monarchy or one in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure.Absolute monarchy- ruler rules by divine rightLimited monarchy-ruler rules in accordance with a constitution

ContB. Aristocracy or one in which political power is exercised by a few privileged class (aka oligarchy)C. Democracy or one in which political power is exercised by a majority of the peopleDirect or pure democracyIndirect, representative, or republican democracy

As to extent of powerUnitary government or one in which the control of national and local affairs is exercised by the central or national governmentFederal government or one in which the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs ( each organ being supreme within its own sphere)

As to relationshipParliamentary government: executive and legislative merge, the cabinet is immediately and legally responsible to the legislature while the executive Chief of State- holds no responsibilityPresidential government: executive is independent constitutionally from the legislature

Inherent powers of the StatePolice powerPower of taxationPower of eminent domain

Eminent domainThe right of or power of the state or of those to whom the power has been lawfully delegated to take or expropriate private property for public use upon paying to the owner a just compensation to be ascertained according to law.

Conditions or limitationsExistence of public use- public benefit or public utility or public advantagePayment of just compensation: as determined by the proper court, fair market valueObservance of due process of law in the taking: due notice and hearing in the expropriation proceedings

Police powerThe power has been referred to as the power of the State to enact such laws or regulations in relation to persons and property as may promote public health, morals, safety and the general welfare and convenience of the people

taxationThe power of the state to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate fuctions.