مقدمة في الدولة: العناصر والتعريف

• The study notes cover topics from "The Constitutional Political Systems" to "Forms of States and their Sovereignty".

The State

• Elements include the people, the region, and the political authority.
• State formation can be as simple as a structure, or as complex as a republic state.
• A state arises when there exists political difference and division, and to make a distinction between two groups: a ruling class and a governed class.
• The state's function is to organize these differences by setting rules and laws that contribute to managing conflicts.

Defining the State

• A society with a central entity reinforces ties between individuals and supports their social values through organization and control.
• As "Virge" define state, for example, England can not be considered as a state if taking into account that their regulation is a custom.

State Composition

• A group of people, male or female, residing permanently and subject to political authority.
• Having a vast region is not a condition for statehood; small states can exist.

Essential Elements of a State

• The people are the human element of the state, composed of many males and females, subject to its authority.
• A state is the whole, while the people are a part; the part cannot be distinguished from the whole, but it can be distinguished from the nation.

The Nation

• A group of individuals united by a shared history, language, culture, and/or religion.
• These factors lead to common morals in the components of the world.
• Language is a key element, being considered the mind of the human
• There are also tangible/experiential factors.

Region/Territory

• The area that determines the extent of a state’s sovereignty could be vast or narrow.

State Boundaries

• Natural boundaries are defined by natural features on the earth, such as mountains, rivers, lakes, and oceans.
• The Alps, for instance, form a boundary between Italy and Switzerland.
• Artificial boundaries are established by humans through agreements and treaties, often resulting in straight lines.
• Geographical boundaries rely on geographical boundaries, such as mountains, plains, and deserts.
• Maritime boundaries extend into the water and define the scope of maritime sovereignty.
• Historical boundaries are based on historical treaties or agreements.

Components of a Region

• The mainland includes all the land within the state's borders, including cities and villages.
• Territorial waters include the water bodies within the state's sovereign territory.
• Airspace cannot be owned, but what is above each landform belongs to the state.

State Authority over the Region

• Includes the right to disposition, use, and exploitation.
• The right to disposition and use contradicts the concept of ownership.
• The state has the right to sovereignty, exercising authority over the population within the region and beyond its borders.
• Constitutional and international law clarify the state's right.

Political Power

• Essential for organizing the system and having sovereignty, which must be possessed for a state to have strength.

Characteristics of Political Authority

• Original authority is acquired by the government itself, with broad jurisdiction and supreme power.
• The authority is enduring, and it does not allow ceding, handling, or any interference.
• It is singular and indivisible, with domestic sovereignty to control the region and its sovereign people.
• External sovereignty means it cannot be interfered inside states boundaries and do not interfere with others borders.

State Recognition

• State recognition allows a state to possess awareness with a legal personality
• Possession of public law tools
• Recognition of the state simply uncovers facts about the state.

Recognition of States

• Recognition in statehood does not necessarily create statehood.
• Recognition is merely revealing a state.

Origins of Sovereignty and the State

• The source of sovereignty is divine. There are theocratic sources and non-democratic sources of the state.
• In theocratic sources of the state, there are claims described as "ruler from God"
• "It is not God but it is divine in nature."
• "It is not God nor does it possess a divine nature but it has received the verdict from God": Indirectly
• "God is the origin of power"
• It also shows the distinction between the components of the source of power for "The first source is God, with the second source being the people"

Criticism of Theories of the Aristocratic Origin of States

• Supports a call without proof.
• Claims that God gives the ruler ability to handle the states, despite him dying.
• Claims that God only endorses a single member for the ruler, without any evidence that it is necessary.
• These theories aims to justify absolute power and the people cannot judge them or hold rulers accountable for what he does.
• These theories has no honesty in religion, especially the Islam religion.
• These theories are against the religion.

Democratic Theories

• Were told by the supporters of the theory of the modern social, who all admitted to them by world constitutional and despite that they are all suppositions

Philosopher Hobbes

• His theory is removed from the democratic philosophy.

Situation

• People are living in a chaotic country. Where the strong eat the weak in the current situation
• And the people have been giving up the law that supports them

To Explain, The Human Can’t Stay in this situation:

• Therefore, contracting these people for it for them to relieve their worries regarding their rights with the authority of power.
• This process is just to provide safety and proper conditions for life among his power This idea put a lot of stress on The authority to be the most honest among them

Philosopher John Locke

• The first theory is directed at how to ensure the authority can be held accountable for the problems he provides.

Community Stance

• Was an example of freedom. But it was also a bad habit that’s been given to them.
• Someone is having a property but he wants to do his own thing This is the purest form of our community and that’s how the deal came to be.

Treaty Terms:

• Authority is given some of his power and must be responsible for protecting them from it.

Philosopher Jean-Jacques Rousseau

• Was one of the more famous people in his theory and born on his side Regarding an authority with a powerful country

Social Position

• Were living in freedom, justice and equality and was one of the natural law also but also an example of an attack for human being

And for that:

• The negotiation was carried out through state of power when having an authority that can take out people with his own freedom and give them rights Was considered writing a book which is so holy

Reactions

• Reactions to a theory can be presented as criticisms: the idea of modern treaties
• Says that a treaty is what started the population. Responding from that, what do you the ancient version

The Authority Of The Land

• Respects the authority of those that have land and that their power cannot be taken away from each other Is something which needs to be respected and taken seriously.

Criticism

• It can't be applied to an economic system
• The system is one-sided for any authority
• The authority cannot use his own strength with that law.

Theories That Evolved

• Respects ownership
• Is it legal because everyone had that
• The authority had to respect this too.

Theories of Individual Rights

• Since then the people of what has been given has to have protected human rights

Determining a Situation

• It needs to be the state that needs to be there every step of the way.

The State's Unbreakable Determination:

• State is the authority which gives out all the laws and there it is needed that the armed forces respects it The only rule is a full cooperation

Historical Development

• It won’t be long with our conversation of just an authority But we all know who all needs to come in The state

Forms of States and their Sovereignty

• Sources of constitutional law that are unwritten and the habits that the citizens do.

The Custom

• Behavior that individual does a lot of times Therefore to acknowledge that the habit becomes necessary to do its necessary to have trust.

Important Points for Acknowledgement Customs

• This process is usually known from several people

What Is The Definition Of A Good Custom?

• That the habits of state has a connection with the people. And by what is the biggest moment it has done by this habits.

Divides

• Customs with addition
• Customs that takes away

Origin of Customs

• Customs that remove statements. The origin of issuing regulations.

Sources That Have Power

• What’s added also has a law with the text.

The Text

• How much is added

What is Needed?

• To know that the habits for some citizens has done what they had to do.

Custom Is Incomplete

• A problem that hasn’t seen light just yet and you need a public showing.

Common Types

• The necessity to have the best habits around and the commonality with it. Also needed to have high quality.

Power Needs

• Have a valid point and will need to have freedom

Is It Alright to Endorse?

• Has been changed

X The civil law will take any laws

The Main Point: Origin Theory

• Has done which has worked and hasn't worked. It just cannot happen

Importance of it All

• How important the laws are Is where most of it is at if an earthquake or the country is at its peek it is still going on.

The Shape of the Authority or State

• Is because the habits the rules and the laws

Customs From The Laws (England)

• The state which it's rule is by habits and what's always been on that countries habits

Forms And Ways To Get Around These Laws

• A state that protects those laws doesn't have to go through something like we are when what we look at is how bad of a problem a territory.

What is Made up of This: The Origin of the Civil is

• Doesn't have what's on paper and has to look this up also.

Forms of States and their Types

• Sovereign "Accomplished" or "Incomplete"
• The "Simple" or "Complex" structure, "Union States"