Concepts of State and Government State – is a community of persons more or less numerous permanently occupying a definite portion of territory and a government. Elements of State 1. People – this refers to the mass of population living within the state. 2. Territory – it includes not only the land over which the jurisdiction of the state extends; but also the rivers and lakes therein. 116 square miles or 300,440 square kilometers 3. Government – it refers to the agency through which the will of the state is formulated expressed and carried out. 4.
Sovereignty – the term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction. a) Internal – or the power of the state to rule within its territory b) External – or the freedom of the state to carry out its activities without subjection to or control by other states. Origin of state theories 1. Divine Right Theory – it holds that the state is of divine creation and the ruler is ordained by god to govern the people. 2. Necessity or Force Theory – it maintains that state must have been created through force. . Paternalistic Policy – it attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. 4. Social Contract Theory – it asserts that the early states must have been formed by deliberate and voluntary compact among the people to form society and organize government for their common good. Forms of Government a) Monarchy – or one in which the supreme and final authority is in the hands of a single person without regard to the source of this election or the nature or duration of his tenure.
Monarchies are further classified into 1. Absolute monarchy – or one in which the ruler rules by divine right 2. Limited Monarchy – or one in which the ruler rules in accordance with a constitution. b) Aristocracy – or one in which political power is exercised by a few privileged class which is known as an aristocracy or oligarchy. c) Democracy – or one in which political power exercised by a majority of the people. Democratic governments is further classified into; 1. Direct or pure democracy – or one which the will of the state is ormulated or expressed directly and immediately through the people in a mass meeting. 2. Indirect Representative – or republican democracy or one in which the will of the state is formulated. As to extent of powers exercised by the central or national government a) Unitary Government – or one in which the control of national and local affairs is exercised b) Federal 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.
Relationship between the executive and the legislative branches of the government a) Parliamentary Government – or one in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. b) Presidential Government – or one in which the state makes the executive constitutionally independent of the legislature. Other forms of Government a) Civil Government – one in which the affairs of the state are administrated and directed by the citizens or their representatives. ) Military Government – established and administered by a belligerent in the territory c) Constitutional Government – one in which the powers of those who rule are defined and limited in their exercised d) Despotic Government – one in which the powers of those who rule are not defined and limited in their exercised by a constitution e) Elective Government – one in which the state confers powers upon a person, or organization composed of persons chosen by qualified voters f) Hereditary Government – the state confers the powers of government upon a person in a certain family g) Coordinate Government – government according to their nature among separate departments or bodies. h) Consolidated Government – the state confides all government powers to a single body i) De jure Government – founded on existing constitutional laws of the state and has the general support of the people j) De facto Government – existing constitutional law of the state and is maintained against the rightful authority of an established and lawful government. ) Revolutionary Government – installed whether by force or otherwise, not in accordance with the procedure prescribed in an existing constitution. Source of Constitution authority 1. The Filipino People 2. A Sovereign People 3. Belief in God Article 1 – National Territory The Terrestial, Fluvial and Aerial domains of the Philippines 1. The territorial sea – it is that part of the sea extending 12 nautical miles (119 kms. ) from the low-water mark. 2. The sea bed – this refers to the land that holds the sea, lying beyond the seashore, including mineral and natural resources. 3. The sub-oil – this includes everything beneath the surface soil – including mineral and natural resources. 4.
Insular shelves – they are the submerged portions of a continent or offshore island. 5. Other submarine areas – they refer to all areas under the territorial sea. Three fold division of navigable waters 1. Inland or internal waters – they are the parts of the sea within the land territory. 2. Territorial sea – it is belt of water outside and parallel to the coastline or to the outer limits of the inland or internal waters. 3. High or open seas – they are waters that lie seaward of the territorial sea. Article 2 – Declaration of principles and state policies Republican government – is a democratic government by representatives chosen by the people at large Sovereignty – implies the supreme authority to govern.