STATE“ the community of persons permanently occupying a definite portion of territory, independent from external control, and possessing an organized government to which the great body of inhabitants renders habitual obedience”. It is a political unit that has ultimate sovereignty ; and it has the political responsibility for the conduct of its own affairs.
Classification of StatesUNITARY State. One that is not divided into smaller units, each one being in itself soveriegn (France).COMPOSITE State. Composed of a number of political units, each enjoying some degree of internal sovereignty but recognizing the central organization as the seat of ultimate soverignty (USA).
Composite stateConfederation of State. When a state is joining a number of states in an agreement to act in common concerning certain specified matters, with each state retaining its full sovereignty. The decisions of the central authority apply to the component state.Federal State. The actual union of several states which surrender full sovereignty to an insoluble central government regarding matters of common interest, maintaining only such powers as are not granted to the federation.
States under International Law1. INDEPENDENT States. Those sovereign political entities which are free to control, manage and direct all their affairs internally or externally without intervention or interference from other states. They posses individual juridical personality. Types: Simple state. Composite state.
INDEPENDENT StatesSimple state. One which has a single and centralized government exercising power or authority over all its internal and external affairs (Japan and Philippines).Composite State. One which consists of two or more states, each of which possesses a separate government of its own but under a central government which exercises control over the external affairs of such component state (Federal Union).
States under International Law2. DEPENDENT States. Those which are subject to the authority of one or more state in the exercise and control of their external politics. Types: Suzerainty state Protectorate state.
DEPENDENT StatesSuzerainty. A state which is allowed to a certain extent to manage its foreign affairs by the suzerain (protector) state.Protectorate State. A state which through a treaty agreement submits itself under the political protection and intervention of a strong state, and which also surrenders its foreign policy direction to the protector state.
States under International Law3. NEUTRALIZED State. One whose independence and integrity are guaranteed by a treaty on the condition that it shall not take up arms against any other state except for self defense, nor enter into an international agreement by means of which it would get indirectly involved in war.
States under International Law4. NEUTRAL State. One which thorough unilateral declaration of its own proclaims not to take side with any belligerent during war.
Neutrality is obtained only during war.Neutralization is obtained during peace orwar times.Neutrality is a status acquired underinternational law by means of an impartialstand towards belligerents in the war.Neutralization is a status created by mensof a treaty.Neutrality is brought about by a unilateraldeclaration by the neutral state, it does notneed to be recognized by other states.Neutralization needs to be recognized byother states.
Duties and Obligations of a State1. Right to Independence and Self- preservation2. Right to Diplomatic Legation3. Right to Territorial Jurisdiction4. Right to Property and Domain
Nation - StateSTATE - As a political and legal concept,it possess juridical personality being anindependent country or politicalcorporation pursuing national interest withother political entities.NATION – A cultural and ethnic concept;a large group of people who are boundtogether, and recognized a similarityamong themselves because of commonculture…language…
Theories of the Origin of States1. The Divine Right Theory2. The Social Contract Doctrine3. The Necessity and Force Theory4. The Instinctive Theory5. The Patriarchal Theory
The Divine Right Theory This attributes to the aid of Divinecreation in the formation of a state with aruler clothed and ordained by God. EarlyChristian argued that God had imposedupon man the state as a mechanism ofpunishment for his transgressions, asAdam and Eve fell to sins in the Garden ofEden
The Social Contract Doctrine Postulates the belief that theformation of state was a product ofvoluntary and collective act of the peopleto organize themselves into one coherentstate mechanism for their general welfare.Locke: men retained most of their naturalrights under a government of theirchoosing.Rousseau: it was a result of the rationalwill of men through which their actionswere controlled for the interests of allindividuals in the community.
The Necessity and Force Theory The formation of state was a result ofmen’s desire for common protection by astronger, powerful, and influential ruler. State came into being as a product ofconquest and coercion. It is regarded assuperior organization among all forms ofhuman associations and those who arepossesed of powers are considered asrightful leaders.
The Instinctive Theory That states stem from man’snatural desire to live and stay togetherunder a system of government andorganization.Aristotle: man, by nature a politicalanimal, intended to live in a polis.The early Greeks: man is inseparablefrom state…not only important for thesurvival of human race but also as ameans in which man can attain the‘good life’
The Patriarchal Theory That states stem from the growth andsustained existence of the family under afather-like control and leadership. A leaderis always seen as a potential provider for theneeds of the people. This is rather a socio-anthropologicalperspective of formal association of men ina community on which they regard leader asthe protector of their causes to championtheir welfare and well-being.
Elements of State1. People – the rational inhabitants of a state bind by law, living together for the purpose of mobilizing a polity.2. Territory – the geographical profile of a state that covers the terrestrial, fluvial (internal waters), aerial, and maritime domain (external waters).
Elements of State3. Government – the agency and themachinery of the State through which thewill of the people is formulated expressedand carried out; has the monopoly ofregulating the use of force. The acts ofgovernment are likewise the acts of peace.4. Sovereignty – the supreme power of theState to exact obedience to its laws uponcitizens
Modes of acquiring and losing a Territoryi)Discovery and Subjugation – it isimperative that the claimant pursue effectiveoccupation and subjugation following suchdiscovery.ii)Conquest – ‘the taking possession ofhostile territory through military force intimes of war and by which victoriousbelligerents compels the enemy to surrendersovereign of that territory.
Modes of acquiring and losing a Territoryiii)Accretion – the natural or artificial, gradualextinction or sudden increase or expansion ofthe territory of the state. It is based on the legalmaxim accessio cedat principali (the accessoryfollows the principal).iv)Cession – a bilateral agreement wherebyone state transfers soveriegnty over a definiteportion of territory to another statev)Prescription – lands may be acquired overthe period of time or it may be lost through lapseof time
Principles of Sovereigntyi)Auto-Limitation – that any State may byits consent, express or implied, submit toa restriction of its sovereign rights.ii)Imperium – The State’s authority togovern is embraced in the concept ofsovereignty that include passing lawsgoverning a territory, maintaining peaceand order over it, and defending it againstforeign invasion.
Principles of Sovereigntyiii)Dominium – The capacity of the Stateto own or acquire territory.
Manifestations of Sovereignty1. Territorial2. Personal3. Extraterritorial
Purpose and Functions of StateESSENTIAL Function.a. The maintenance of armed forces for thedefense against foreign invasion;b. The maintenance of police forces for thesuppression of lawless violence andapprehension of criminals;c. The maintenance of courts for theprosecution and punishment of crimes andsettlement of legal disputes;
Purpose and Functions of State1. ESSENTIAL Function.d. The maintenance of Foreign Service forthe conduct of international relations; ande. The maintenance of tax collecting andrecord keeping agencies for the execution ofother functions.
Purpose and Functions of State2. SERVICE Function. It is the duty of the State to promote thewelfare of the people, and secures theinterest of everyone. Among the necessary service functionsassumed by the State are: social welfareand development services like health,education, Medicare, housing, infrastructure,recreational facilities and supra-structures.
Purpose and Functions of State3. BUSINESS Function. The State may engage in businessendeavors not only for the purpose of providingservices to the people, but also to derive certainprofits, either because of insufficiency ofavailable private capital, or because it wants toprevent some evils that usually result fromprivate control over certain enterprises (railroad,telegraph, water, power, public transit, etc.)
Foundamental Powers of the State1. POLICE POWER. The fundamental right of the state to enactlaws or regulation for promoting the common good ofthe people in relation to the right and enjoyment ofpersons, life and property. It is based on the dicta:salus populi est suprema lex (the welfare of thepeople is the supreme law), and sec utere tuo utalienum no laedas (act in such a manner not toinjure another’s right).
Coverage of PolicePower a. General Welfare Clause b. Public Morals Clause c. Public Health Clause d. Public Safety and Order Clause
Foundamental Powers of the State2. TAXATION. The power to levy or impose chargesupon persons, property, occupation andothers, as may be defined by law in order todefray the expenses of the government and toenable it to fully discharge its functions.
Constitutional limitations on the power of taxationi) Due process of law should be observed that the tax must not be confiscatory;ii) Taxes must be based on progressive taxation system and must be uniformed;iii) No taxes can impair contracts;iv) Taxes should not extent in the exercise of religious freedom;
Constitutional limitations on the power of taxationv) Tax rules, mechanisms and measures mustbe possessed by the House of Representativewhere they orginate; andvi) Taxes should not violate the rule on non-imprisonment on failure or refusal to payresidence or community tax.
Foundamental Powers of the State3. EMINENT DOMAIN. The power of the State to acquire,confiscate or take private properties forpublic use upon payment of justcompensation.
Requisites of the Exercise of the Power of Eminent Domaini) There must be a necessity to acquire a private property;ii) The acquired private property shall be strictly and exclusively used for public interest and service;iii) The term public use may broadly mean to cover not only direct advantage to the people but also indirect benefits that will redound to the interest of the people it served;
Requisites of the Exercise of the Power of Eminent Domainiv) Just compensation must be paid in moneyand the owner is entitled to the payment ofinterest if claimed and only upon full paymentshall the government acquire the title of theproperty; andv) Due process must be accorded inexpropriating a said property.
Next: Part III Legal System andThe Constitution