State vs. Nation Concepts

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Questions and Answers

What distinguishes a state from a nation?

A state does not necessarily require inhabitants to share cultural traits.

A state requires a clear legal framework, whereas a nation is an ethnic concept. (correct)

A state is defined by its common ethnic background.

A nation must have a formal government structure.

Which of the following is not a characteristic of an independent state?

Occupying a definite portion of territory.

Possession of a permanent population.

A uniform population with no cultural diversity. (correct)

An absence of external control.

What element is essential for the perpetuation of a state's inhabitants?

A set of customs practiced uniformly.

A dominant language shared by all.

Inhabitants coming from both sexes. (correct)

A balanced representation of ethnic groups.

Which statement best describes the relationship between a nation and a state?

A state can contain multiple nations within its borders. Signup and view all the answers

According to the content, what does a nation primarily rely on among its members?

Common cultural ties. Signup and view all the answers

Which of the following elements is not considered part of the definition of a nation?

Geographical boundaries. Signup and view all the answers

In the concept of statehood, what is primarily referred to by the term 'people'?

Inhabitants of the state regardless of citizenship. Signup and view all the answers

What does the dual citizenship prohibition refer to?

Citizens must pledge loyalty to only one governmental authority. Signup and view all the answers

What defines a de facto government?

A government that exercises power but lacks legal title. Signup and view all the answers

Which of the following describes a government of cessation?

A government established through violent usurpation. Signup and view all the answers

In the context of de facto governments, which scenario fits the description of 'against the parent state'?

An insurrection against the ruling authority of a country. Signup and view all the answers

Which scenario illustrates a government established by invasion?

A foreign military forces taking over a territory. Signup and view all the answers

What distinguishes a government agency in the Philippines?

It includes federal and local units that implement government functions. Signup and view all the answers

Which of the following is NOT a characteristic of a government of paramount force?

It operates with legitimate legal title. Signup and view all the answers

Which best describes a government-owned or controlled corporation (GOCC) in the Philippines?

It operates for business purposes but is not considered part of the government. Signup and view all the answers

What does the term 'group of persons in whose hands the reins of government are for the time being' refer to?

A temporary leadership due to a crisis. Signup and view all the answers

What must occur when private property is taken for public use under eminent domain?

The government must provide just compensation. Signup and view all the answers

Which statement best describes the concept of expropriation?

It is a procedure by which the government takes possession of private property. Signup and view all the answers

Under which circumstance does the exercise of police power typically not require just compensation?

When the property is destroyed or is placed under public control. Signup and view all the answers

What is a constitutional constraint regarding the taking of private property?

No private property shall be taken for public use without just compensation. Signup and view all the answers

What is a Constituent function of a state?

Constitute the very bonds of society & therefore compulsory. Signup and view all the answers

What is the legal standard of 'due process of law' concerning property deprivation?

No person shall be deprived of property without following legal procedures. Signup and view all the answers

What does the taking of private property imply when government exercise is involved?

It must involve a clear intention of public benefit. Signup and view all the answers

What defines territory?

The treaty of paris, washington, US and Britain, and the constitution. Signup and view all the answers

What is the maximum extent of the Contiguous Zone established by international law?

24 nautical miles Signup and view all the answers

Which statement accurately describes the nature of the territorial sea?

It may not exceed 12 nautical miles from the baselines. Signup and view all the answers

What defines the term 'archipelagic waters'?

Waters that interconnect and relate to islands in an archipelago. Signup and view all the answers

What is the primary purpose of a coastal State's control in the Contiguous Zone?

To enforce customs, immigration, and fiscal laws. Signup and view all the answers

Which of the following describes the concept of the Exclusive Economic Zone (EEZ)?

It extends beyond the territorial sea but is limited to a certain distance from the baseline. Signup and view all the answers

Which of the following aspects is generally not associated with the Archipelagic Doctrine?

Allowing foreign military vessels unrestricted access to the internal waters. Signup and view all the answers

What intrinsic characteristics qualify a group of islands as an archipelagic State?

Geographical, economic, and political integration. Signup and view all the answers

In the context of the territorial sea, what is the measurement point for establishing boundaries?

The baselines as defined by the state. Signup and view all the answers

What is the primary function of taxes as described?

To fund government operations and services Signup and view all the answers

Which theory emphasizes the necessity of government for its operations?

Necessity theory Signup and view all the answers

What does the benefit protection theory suggest about taxation?

It is a mutual obligation between citizens and the government. Signup and view all the answers

Why does UNCLOS have jurisdiction regarding the decision in the Arbitration case regarding WPS?

It was not a question of sovereignty, rather, the exercise of the definitive framework for maritime entitlement. Signup and view all the answers

What is the difference between territory and archiphelago?

We only have sovereignty over territory, but not jurisdiction. Signup and view all the answers

What governs the Internal Waters?

Absolute sovereignty of the Philippines. Signup and view all the answers

What does the 1973 Constitution state about the Philippine national territory?

It encompasses all islands and waters under Philippine sovereignty. Signup and view all the answers

What does the treaty of washington clarify?

That Scarborough Shoal, Spratlys, Cagayan de Sulu, and Mangsee Islands is within Philippine Territoy Signup and view all the answers

Study Notes

State vs. Nation

A state is a legal concept, while a nation is an ethnic concept.
A state is independent of external control and has a government.
A nation can include multiple states.
A state can be made up of more than one nation.

Statehood Elements

People: Inhabitants of the state, regardless of the number.
Territory: Distinguished from national territory.
Government: The instrument through which the will of the state is implemented.
Sovereignty: Supreme power to govern the state.

Nation

A people bound with common characteristics and shared interests.
May develop common language, religion, customs, and traditions.
Represents a more cohesive entity than an amorphous group.
Not necessarily a legal entity.

National Territory

Includes the Philippine archipelago, all islands and waters, and other territories under Philippines sovereignty.
Consists of terrestrial, fluvial, and aerial domains, including
- Territorial sea (up to 12 nautical miles)
- Contiguous zone (up to 24 nautical miles from territorial sea baseline)
- Exclusive Economic Zone (EEZ) (up to 200 nautical miles from baseline)
- Internal waters.
The archipelago is regarded as one integrated unit, not fragmented islands.

De Facto Government

Exercises power/control without legal title.
There are three types of De Facto government:
- Cessation: Occurs when a government takes control by force or usurps a rightful legal government (e.g., Cromwell in England during the Commonwealth).
- Against the Parent State: Established by inhabitants of a country who rebel against the parent state (e.g., Confederacy in the U.S. during the Civil War).
- By Invasion: Occurs when an invading force occupies territory during war.

Government of the Philippines

The corporate governmental entity through which government functions are exercised in the Philippines.

Types of Government Corporations

Government-Owned/Controlled Corporation (GOCC): Engaged in proprietary functions, not considered part of the government for legal purposes.
Government Agency: Unit of the government including departments, bureaus, offices, instrumentalities, GOCCs, local governments, and district units.

Administration

The group of individuals in control of the government at a given time.

Power of Eminent Domain

Government's right to take private property for public use with just compensation.
Governed by the Constitution and Rule 67 of the Rules of Court.
Property taken for public use is not considered private property.

Power of Taxation

The state's power to collect taxes from citizens to raise revenue to cover government expenses.
Supported by two theories:
- Necessity Theory: The government needs revenue to operate.
- Benefit-Protection Theory: Citizens receive benefits and protection from the government in exchange for taxes.

National Territory under the Constitution

The 1987 Constitution defines national territory as the Philippine archipelago with all islands and waters, and other territories under its control, including:
- Territories belonging to the Philippines by historic right or legal title.
- Defined in the 1935 Constitution.
The constitution is a municipal law, binding only within the territorial limits of the state.

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Description

Explore the differences between a state and a nation through this quiz. Understand key elements of statehood, such as territory, government, and sovereignty, as well as the characteristics that define a nation. Test your knowledge of these important political concepts.