Philippine Politics, Government and Citizenship PDF

E P OL IT ICS , PHILIP PI N N M EN T A N D GOV ER CIT IZ EN S HI P  K 2: WEE TH E S T A T E  AGENDA STATE 4 ELEMENTS OF STATE THEORIES ON THE ORIGIN OF THE STATE DIFFERENCE BETWEEN NATION & STATE INHERENT POWERS OF THE STATE WHAT IS A S...

E P OL IT ICS , PHILIP PI N N M EN T A N D GOV ER CIT IZ EN S HI P  K 2: WEE TH E S T A T E  AGENDA STATE 4 ELEMENTS OF STATE THEORIES ON THE ORIGIN OF THE STATE DIFFERENCE BETWEEN NATION & STATE INHERENT POWERS OF THE STATE WHAT IS A STATE? The modern term "state" is derived from the word "status". It was Niccolò Machiavelli (1469–1527) who first used the term "state" in his writings. His significant work is titled "Prince". The state is the most universal and powerful of all institutions. It is a natural institution. A state is a people organized for law within a definite territory. (Woodrow Wilson) A state is a community of people, more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render habitual obedience, and enjoying freedom from external control. (James Garner)  ELEMENTS OF THE STATE 4 PEOPLE TERRITORY GOVERNMENT SOVEREIGNTY People refer to the mass population living within the state. "People" answers the question, "Who governs whom?" According to Plato, there is no specific number requirement; "... the state shall neither be too small nor yet one that seems great but has no unity." Aristotle, on the other hand, says "The number should be neither too large nor too small; It should be 4 Elements of the State PEOPLE large enough to be self-sufficing and small enough to be well governed." The territory is the demarcated area that rightfully belongs to the population. "Territory" answers the question, "Where?" It is a definite portion of the surface of the earth, that is the subject of the jurisdiction and sovereign rights of a state in accordance with international law. There are large and small states. However, the territory should be permanent and large enough to be self-sufficing. The Vatican is the 4 Elements of the State smallest with a total land area of 0.44 km2; Russia is the largest with 17,098,242 km2. TERRITORY There can be no state without a fixed territory. People need territory to live and organize themselves socially and politically. Territory refers to the terrestrial (land), fluvial/maritime (water), and aerial (airspace) domains. There can be no state without a government. The government is the agency through which the will of the state is formulated, expressed, and carried out. It is an institution or aggregate of institutions by which an independent society makes and carries out those rules of action necessary to enable men to live in a social state, or those that are imposed upon the people by those 4 Elements of the State who possess the power or authority of prescribing them. GOVERNMENT Sovereignty is the supreme power of the state to command and enforce obedience to its will from the people within its jurisdiction and, corollary, to have freedom from foreign control. The word "sovereignty" means supreme and final legal authority above and beyond which no legal power exists. Sovereignty has two aspects: 1) Internal sovereignty, which means that the State is supreme over all its citizens and associations; and 4 Elements of the State 2) External sovereignty, which means that the state is independent and free from foreign or SOVEREIGNTY outside control. THEORIES ON THE ORIGIN OF THE STATE DIVINE RIGHT NECESSITY INSTINCTIVE SOCIAL CONTRACT The DIVINE RIGHT THEORY is the oldest The NECESSITY or FORCE THEORY maintains theory that holds that the state is of divine that the state must have been created as a creation and the ruler is ordained by God product of the existence of the strong and to govern the people. the weak in society and as a result of their struggle against each other, wherein those The rulers of the past advocated the who are strong are able to dominate and political dominance of authority and power impose their will upon the weak. through their own ordained mandate that they represent the state on the basis of The creation of the state through the divine right (as God created the state). It constant war and invasion of the great was by this nature that the divine rights of warriors in ancient times dominated the kings gave them absolute power and weak and later formed a state. influence over their subjects. THEORIES ON THE ORIGIN OF THE STATE DIVINE RIGHT NECESSITY INSTINCTIVE SOCIAL CONTRACT The NATURAL or INSTINCTIVE THEORY holds that the state Is founded out of man’s SOCIAL CONTRACT THEORY asserts that natural instinct for association. The social the early states must have been formed urge of the human being to be within a by a deliberate and voluntary compact group of people in the community, as in among the people to form a society and sociology, describes that "man is a social organize a government for their common being." good. The social group provides the political This theory justifies the right of the development to stay and work together people to revolt against a bad ruler. with a common goal in the community, which later transforms into a state. DIFFERENCE BETWEEN STATE AND NATION A state is a community of people occu pying a definite territory, having a government of thei r own, and enjoying freedom from external contro l. A nation is a society of inhabitants of a specific geographic region united and bound to gether by a common racial ancestry, the same lang uage and culture, a historical past, laws, and shared inte rests and sentiments over the course of many ye ars. s DIFFERENCE BETWEEN STATE AND NATION The state is a political concept, while th e nation is an ethnic or racial concept. A state is not subject to external cont rol, while a nation may or may not be independent of external co ntrol. A state cannot become a state without a nation or nations that consist of its people. A single state may consist of one or m ore nations or peoples, and conversely, a single nation may be mad e up of different states. 3 INHERENT POWERS OF THE STATE POLICE POWER EMINENT DOMAIN TAXATION POLICE POWER POLICE POWER is the power of the government to enforce obedience from the people in the promotion of public health, morals, or safety and the general well-being of the community. It is the inherent power of government to enact and enforce laws for the promotion of the general welfare. POWER OF EMINENT DOMAIN The POWER of EMINENT DOMAIN is the power possessed by the state over all property within the state, specifically its power to appropriate property for a public purpose. This is the power of the state to take private property for public use with just compensation. POWER OF TAXATION The POWER of TAXATION is the inherent power of the sovereign, exercised through the legislature, to impose burdens upon subjects and objects within its jurisdiction for the purpose of raising revenues to carry out the legitimate objects of the government. This is the power of the state to take private property for public use with just compensation.