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State - from the latin stare (to stand)

-political community that occupies a definite territory; having an organize government with the
authority to make and enforce laws without a consent of a higher authority.

- also defined as self-governing political entity,

-can be used interchangeably with the county

Elements of the State

1. People: also known as population or inhabitants

2. Territory: refers to the portion of the earth which composed of aerial (Air space above),
fluvial (waters around and connecting the islands of the archipelago) and terrestrial (landmass)
domains.

Maritime terms:

a. Territorial Sea: Coastal states have sovereignty, including explosive fishing rights (12
nautical miles)

b. Contiguous Zone: Coastal state can enforce its customs, immigration, and sanitation laws
and exercise “hot pursuit” out of its territorial waters (24 nautical miles).

c. Exclusive Economic Zone: State has recognized rights to explore, exploit, conserve, and
manage natural resources (200 nautical miles).

d. Continental Shelf: Countries have exclusive rights to natural resources up to 350 nm.

e. High Seas: beyond EEZ- “Common Heritage Humankind”

3. Sovereignty- refers to supreme and absolute power within its territorial boundaries.

TYPES OF SOVEREIGNTY

1. Internal is the power of the state to rule within its territory

2. External is the freedom of the state to carry out its activities with all subjection to or control by
other states.

Characteristics of Sovereignty

1. Sovereignty is absolute from the legal point of view

2. Sovereignty is permanent

3. Sovereignty of the state is universal

4. Sovereignty is inalienable.
5. Sovereignty cannot be divided between or shared by plurality

6. Sovereignty is exclusive

4. Government- refers to the institution or agency or instrumentalities through which the state
maintains social order, provide public services, and enforces binding decisions.

International recognition, e.g. by the UN

Forms of Government

1. Distribution of Power

a. Unitary Government power is held by one central authority.

Ex: Philippines, Denmark, Italy, Finland, Peru, Rwanda

b. Confederation a voluntary association of independent states that often only delegates few powers
to the central government. Weak or loose organization of states agrees to follow a powerful central
government.

Ex: The commonwealth of Independent States (CIS) formerly known as the Soviet Union,
Switzerland’s Canton System

c. Federal Government Power divided between one central and several regional authorities.

Ex: Malaysia, USA, Nigeria, Australia

2. Citizen Participations

a. Autocracy: One person possess unlimited power.

The leader is from a family or from a social class or strong party

FORMS OF AUTOCRATIC GOVERNMENT

1. Absolute or Totalitarian Dictatorship: The idea of a single leader glorified.

:Government tries to control all aspects of Socio Economic


:life, Government is not responsible to the people.

2. Absolute Monarchy: King, Queen or emperor exercises the supreme and unlimited powers of
government wherein the position is usually inherited.

b. Oligarchy: The government by the few.

: Sometimes a small group exercises control, especially for corrupt and selfish purposes.

: Social power, military power, wealth, religion or a combination.

3. Democracy: Government based on the consent of govern.

Indirect and Direct.


3. Legitimacy

a. De jure : form of government wherein it has the people support and possess constitutional
mandate.

b. De facto : form of government supported by the people but no constitutional mandate or


legal support.

4. Executive and Legislative Relationship

a. Presidential. A form of government in which executive branch exist separately from


legislature.

b. Parliamentary. A form of government in which members of executive branch (the cabinet


and its leader- prime minister, premier, chancellor ) are nominated to their positions by
legislature or parliament, and are directly responsible to it.

An Independent State

- Has space or territory which has internationally recognized boundary

- Has people who live there on an ongoing basis

- Has economic activity and organized economy. A country regulates foreign trade and domestic trade
and issues money

-Has the power of social engineering, such as education

- Has a transportation system for moving goods or services

-Has a government which provided public services and police power

- Has sovereignty. No other state should have power over the country’s territory.

-Has external recognition. A country has been “Voted into the club” by other countries

Origins of the State

1. Evolution theory- States evolved from family units.

2. Force Theory- Governments, emerge when people were brought under the control of some power.

3. Divine Right- Belief that kings are chosen to rule the ancient state by a deity examples include
Egyptians and Aztecs.

4. Social Contract- Existed during the 17th century in The Age of Enlightenment. People begin to
challenge the monarchy and the idea of divine right.
INHERENT POWER OF STATE

1. Police power- Power of the state to regulate freedoms and property rights of individuals for the
protection of public safety health, and morals or the promotion of the public convenience in general
prosperity.

2. Eminent Domain- Power to take private property for public use upon payment of just
compensation. It is exercised through national or local government and private persons or
corporations authorized to exercise of functions of public character.

3. Free Taxation- Power to expose tax on the individuals and properties to support the government.

- Tax: Life-blood of Government

-Uniform taxation: Person or things belonging to the same class shall be taxed at the same rate.

-Equitable Taxation: Tax burden must be imposed according to the tax payer’s capacity to pay.

- Progressive Taxation as the resources of the tax payer becomes higher its rates likewise increase.

2. Nation and Globalization

Nation- is the social construction of collective identity

- Group of people who share the same history, geography, language, customs and sometimes
religion.
- Regardless of the actual inequality and exploitation that may prevent in each.
- The nation is always conceived as a horizontal comradeship

Nation state (UNESCO)


-Define boarders and territories
-Same type of people
-Organized by race or background
-Generally speaks in language

State- Heterogenerous groups of people Nation- homogenous group of people

Globalization

- It is the process of forging international political, economic, religion,

Position (Sorensen)

1. The retreat from the state position


2. The state-centric position
3. Pragmatic position
Modern states are based on:

1. National Economy – Removal of geographical barriers to trade and the building of nation-
vide infrastructure
2. National Government – Centralized system
3. Nation
4. Sovereignty

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