concept of state and government_summer class
TRANSCRIPT
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CONCEPT OF STATE AND
GOVERNMENT
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According to James Garner, the STATE is a community of persons more or less numerous occupying a definite portion of territory completely free of external control and possessing
an organized government to which a great body of inhabitants render
habitual obedience.
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FOUR ESSENTIAL ELEMENTS OF STATE:
1. People
2. Territory
3. Sovereignty
4. Government
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People refer to the inhabitants of the state. There is no strict
requirement on their number, but they must be of sufficient number to
be self-sufficing.
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Territory is a fixed portion on the surface of the earth inhabited by
the people of the state.
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Sovereignty is the supreme and uncontrollable power inherent in a State.
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2 KINDS OF SOVEREIGNTY1. Legal- is the authority which has the power to issue final
commands;
2. 2. Political – is the power behind the legal sovereign, or the sum
total of the influences that operate it.
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Government is the instrument that provides mechanisms in determining, formulating, and implementing the policies of the state. It is the essential instrument or machinery of the state that carries out its will, purposes and objectives.
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TWO FUNCTIONS OF GOVERNMENT
1. CONSTITUENT – Compulsory function
2. MINISTRANT- Discretionary function
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ADMINISTRATION
Refers to the group of persons in
whose hands the reins of the
government are held for the time
being.
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FORMS OF GOVERNMENTA. According to the
number of People who rule
1. MONARCHY
2. OLIGARCHY
3. DEMOCRACY
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FORMS OF GOVERNMENT B. According to
the relationship between the National & Local
1. FEDERAL
2. UNITARY
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FORMS OF GOVERNMENT
C. According to the status of those who hold the rein of Government1. CIVIL
2. MILITARY
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FORMS OF GOVERNMENT
D. According to the Relationship between the Executive & Legislature
1. PARLIAMENTARY
2. PRESIDENTIAL
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FORMS OF GOVERNMENT
E. OTHER FORMS
1. DESPOTIC
2. TOTALITARIAN
3. REPUBLICAN
4. CONSTITUTIONAL
5. DE JURE
6. DE FACTO
7. REVOLUTIONARY
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EXECUTE, IMPLEMENT, ENFORCE
LAW-MAKING, FORMULATION OF
POLICIES INTERPRET LAWS, JUSTICE
PRESIDENT, GOVERNOR, MAYOR, PUNONG
BARANGAY, SK CHAIRMAN
MEMBERS OF THE HOUSE OF
REPRESENTATIVES, SENATORS, BOARD
MEMBERS, COUNCILORS
INTERPRET LAWS, JUSTICE
JUSTICES, JUDGES
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National Government
ProvinceHighly Urbanized,
Chartered, Independent City
Component City
Municipality
Barangay Barangay
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National Government
REGION
Province Highly Urbanized, Chartered, Independent
CityComponent City
Municipality
Barangay Barangay
Congressional District Congressional District
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1 President of the Republic of the Philippines
229 Congressional/Legislative Districts
17 Regions
81 Provinces
33 Highly Urbanized Cities
5 Independent Component Cities
84 Component Cities
1,494 Municipalities42,000 Barangays
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1.SEPARATION OF POWERS2. SYSTEM OF CHECK AND BALANCE
3.BLENDING OF POWERS
PRINCIPLES GOVERNING THE OPERATIONS OF GOVERNMENTAL POWERS
(3 BRANCHES)
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POLICE POWER is the power of promoting the general welfare by restraining and
regulating the use of liberty and property.
Basis is the latin maxim salus populi est suprema lex (the
general welfare is the supreme law)
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EMINENT DOMAIN
enables the State to acquire
private property upon
payment of just compensation
for some intended public
use.
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TAXATION it means the State is able to demand
from the members of society their
proportionate share or contribution in the maintenance of the
government.
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INHERENT IN THE STATE
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SIMILARITIES OF THE 3 FUNDAMENTAL POWERS
NOT ONLY NECESSARY BUT INDISPENSABLE
METHODS TO INTERFERE PRIVATE RIGHTS
PRESUPPOSES AN EQUIVALENT COMPENSATION
EXERCISED BY LEGISLATURE