STATE & GOVT

What is the difference between

STATE & NATION?
What are the elements of a state?
What are the powers of the state?
PHILIPPINES
UNITED
STATES OF
AMERICA

What is the difference between
state and nation??
A state is structured and indicates that it is a
political concept because of the four elements
found in it : people, territory, sovereignty
(independence) and most important of all is
government.
Nation, on the other hand, is an ethnic concept
because even if it has people as an element, it is
only bound together by something they have in
common; like common religion, common
language or common culture.
What is the difference between
state and nation??
A Filipino who migrated in the United States
can be called as a Filipino national but an
American citizen. This means that this
(former) Filipino knows that culturally he
belongs to the Filipino nation, but politically,
he belongs to the American state.

Based on the definition of a
STATE, it has four elements. This
means that a community of
people can be called a STATE only
if it fulfils this four
requirements :

Self-perpetuating
Self-sufficing
As written in your workbook, composed
of both sexes of sufficient number to be
self-perpetuating. ---this means that
people does not necessarily have to be
more or less, but it is important that it
can produce the next generation.
PEOPLE AS SELF-PERPUATING
PEOPLE AS SELF-SUFFICING
This means that despite the number of
population the state has, its people
should be able to stand on its own, using
its resources.
People is able to provide for themselves
without external aid or help.

Definite portion....
3 types of domains....
Archipelagic doctrine...
Let us jump to Article 1 of the 1987 Constitution
It is important that we define our territory, the
purpose of which is to identify the boundaries
and limitations of our resources for us to be able
to manage our resources well.
Our territory has three domains : the terrestrial
domain (the land area), the aerial domain (from
land area going up to the atmosphere, until such
time that one cannot breath ;)), fluvial (waters
within) & maritime (waters outside but still
within the territory) domain
Maritime
domain
Terrestrial
domain
Fluvial
domain
Note : aerial
domain is the
area from
terrestrial
domain up to
the
atmosphere.
Space is
considered as
open territory,
which means
that no state
can claim
ownership
to...
ARCHIPELAGIC DOCTRINE
This is a doctrine that acknowledges the
uniqueness of our territory and identifies its
boundaries despite the fact that our islands
are divided by water. The doctrine states that
the waters around, between and connecting
the islands are considered as part of the
national unit.
TERRITORIAL SEA
belt of water outside and parallel to the
coastline or the outer limits of the inland or
internal waters. This extends 19 kms or 12
nautical miles from the low-water mark. The
territorial sea is also subject to 200 miles
exclusive economic zone.

INTERNAL & EXTERNAL
LEGAL & POLITICAL
INTERNAL & EXTERNAL Sovereignty
Internal Sovereignty is the power of the State in
controlling its domestic or internal affairs without having
to rely on external or outside help or without intervention
from outside forces like other states & international
organizations. The power of the state to decide on its
own.
external sovereignty is the capacity of the state to
relate itself with other states in pursuing its interests.
However, this does not mean that the state we have an
agreement with can dictate us on what we need to do.
External sovereignty means that we have the capacity to
decide on how we need to relate with other states.
LEGAL & POLITICAL SOVEREIGNTY
Legal sovereignty is the power of the state to
issue final commands. This power is vested to
those who we gave authority to decide for us.
Example is the President or the Congress.
Political sovereignty is the all the influences
behind the legal sovereignty. Since we are the
ones who gave them the authority to decide,
we, the electorate (or the voters) are
considered as the political sovereignty.
G
O
V
E
R
N
M
E
N
T
GOVERNMENT
This is by far the most important element
because it is with the government that the
people renders habitual obedience to.
The government ensures that people renders
habitual obedience to the rules and
regulations formulated and implemented.
Mens conflicting interests
are reconciled
Regulate activities of
people/their freedom -----
through policies and laws
Delivery of social services
WHY DO WE NEED A GOVT?
CONSTITUENT FUNCTIONS :
- basic functions of the government
that must be performed. Their
performance is the minimum
requirement for an orderly existence.
MINISTRANT FUNCTIONS :
- those undertaken to advance
the general interests of society,
such as public works, public
charity, and regulation of trade
and industry.
---The nature of governments differ
according to the purposes of the body of
the people to be governed and
circumstances under which the
government is conducted. ---
Arthur N. Holcombe (Colliers Encyclopedia. 1996 )
This means that no two governments are
exactly the same...
A. According the Number of People
who Rule
MONARCHY
King (1)
People
OLIGARCHY
Oligarchs (few)
People
DEMOCRACY
Government
People
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Monarchy is a rule by one person; oligarchy is a rule by a few; both with
monarchy and oligarchy, the people just accepts the rulership of the
govt leaders. With democracy on the other hand, it is a rule by many
as the people elect the government leaders.
B. According to the Status (either civilian or
military) of those who hold the Rein of the
Government:
CIVIL GOVT
Civilian Authority
People
MILITARY GOVT
Military Authority
People
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These forms of government indicate what is the status or position of the
one holding government rulership, either the head of government is a
civilian or a military officer and has retained his position in the armed
forces.
Martial law is not a form of military government because the head of
government is still a civilian and only gives temporary powers to the military
to pacify the people in case of rebellion or a state of emergency.
C. According to the Relationship Between
the Executive and the Legislature
PRESIDENTIAL
PARLIAMENTARY
EXEC. LEG.
People
EXEC. LEG.
People
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Authority
to rule
In a presidential government, both the Executive (represented by the President) and the
Legislature (represented by the Senators & the Congressmen) rule over the people.
The authority to rule comes from the people as the people voted for them during the
elections. For a parliamentary government, although both the Executive (Prime
Minister) and Legislature (Parliament) rule over the people, the people elects the
members of the Parliament and the Parliament chooses the Prime Minister. So the
Prime Minister is responsible to the Parliament not to the people.
KINDS OF STATES :
FEDERAL UNITARY
National Govt
Local Govt
People
National Govt
Local Govt
People
In a unitary state, the national government has supreme power over the
local government. Whatever autonomy the local govt has, it s powers are
limited. While in the federal state, the local govt has strong powers over the
people as it can make its own laws and decisions over its locality.
EXAMPLES for Federal state & Unitary state :
United State is a federal state. It is a country which is
composed of 50 states. Each state is like the Philippine
version of a Province. However, the state governor (the head
of each state) is like a little President. Each state can tax their
state and the funds goes back to the state. Each state also
has its own constitution and laws. Thus, a law of one state is
different from another state.
The Philippines is a unitary state. The local government
cannot make decisions without consulting the national
government. When we are taxed, it goes to the national govt
and the national govt distributes this to the local
governments.
The Philippine government :
Democracy (authority to rule of the
government comes from majority of the
voters)
Unitary (our local government only has limited
and temporary powers)
Civil (our President has Civilian authority)
Presidential (our govt utilizes the principle of
separation of powers and system of check and
balance)

THREE GOVERNMENTAL POWERS :
Legislative power the power to make laws,
usually vested to the Congress or the
Parliament.
Executive power the power to implement or
enforce laws, usually vested to the President
or the Prime Minister.
Judicial power the power to apply, interpret
and adjudicate (to make an official decision
about an issue) laws.
1. Separation of Powers this is the principle guarantees
the three powers are separated. This means that each
power is focused on only one task. No one
department gets hold of more than one governmental
power.
2. System of Check and Balance this principle makes
sure that when one department abuses its power, the
other departments corrects the mistakes of this
department.
3. Blending of Powers this principles assures us that a
task can only be completed with the cooperation of 2
or more departments.
PRINCIPLES governing the operation of
governmental powers :

After a State has fulfilled all four
elements (including recognition by
other states), automatically the
State is given three powers : POLICE
POWER, POWER OF TAXATION and
the POWER OF EMINENT DOMAIN.

This is the power of the state to regulate
the activities of the people to ensure that
peace and harmony exists....while the
role of the military is to defend the state,
the police promotes the welfare of the
people by restraining and regulating
their use of liberty and property. So that
NO one man can just can kill another as
part of his freedom of expression or for
one to steal from another. Police power
protects us from each other.

Power of TAXATION
This is the power of the state that ensure
we have money to implement our rules
and introduce development to the state.
This power promotes the welfare and the
interests of the people though the
proportionate share from its people.
POWER OF EMINENT DOMAIN
This is the power of the state that takes
away private property for public use.
Please read page 23 of your workbook
for further study.