CONCEPT OF STATE AND GOVERNMENT

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CONCEPT OF STATE AND GOVERNMENT

  1. 1. CONCEPT OF STATEAND GOVERNMENT
  2. 2. According to James Garner, the STATEis a community of persons more orless numerous occupying a definiteportion of territory completely freeof external control and possessingan organized government to which agreat body of inhabitants renderhabitual obedience.
  3. 3. STATE VS. NATION
  4. 4. FOUR ESSENTIAL ELEMENTS OFSTATE:1. People2. Territory3. Sovereignty4. Government
  5. 5. Peoplerefer to the inhabitantsof the state. There is no strictrequirement on their number, butthey must be of sufficient numberto be self-sufficing.
  6. 6. Territory is a fixed portion on thesurface of the earth inhabited bythe people of the state.
  7. 7. Sovereignty is the supreme anduncontrollable power inherent in a State.
  8. 8. 2 KINDS OF SOVEREIGNTY1. Legal- is the authority which has the power to issue finalcommands;2. 2. Political – is the power behind the legal sovereign, or the sumtotal of the influences that operate it.
  9. 9. Government is the instrumentthat provides mechanisms indetermining, formulating, andimplementing the policies of thestate. It is the essential instrumentor machinery of the state thatcarries out its will, purposes andobjectives.
  10. 10. TWO FUNCTIONS OFGOVERNMENT1. CONSTITUENT – Compulsoryfunction2. MINISTRANT- Discretionaryfunction
  11. 11. ADMINISTRATIONRefers to thegroup ofpersons inwhose handsthe reins of thegovernment areheld for thetime being.
  12. 12. FORMS OF GOVERNMENTA. According to thenumber of Peoplewho rule1. MONARCHY2. OLIGARCHY3. DEMOCRACY
  13. 13. FORMS OFGOVERNMENTB. According totherelationshipbetween theNational &Local1. FEDERAL2. UNITARY
  14. 14. FORMS OF GOVERNMENTC. According to the status ofthose who hold the rein ofGovernment1. CIVIL2. MILITARY
  15. 15. FORMS OFGOVERNMENTD. According to theRelationshipbetween theExecutive &Legislature1. PARLIAMENTARY2. PRESIDENTIAL
  16. 16. FORMS OF GOVERNMENTE. OTHER FORMS1. DESPOTIC2. TOTALITARIAN3. REPUBLICAN4. CONSTITUTIONAL5. DE JURE6. DE FACTO7. REVOLUTIONARY
  17. 17. EXECUTE, IMPLEMENT,ENFORCELAW-MAKING,FORMULATION OFPOLICIES INTERPRET LAWS,JUSTICEPRESIDENT, GOVERNOR,MAYOR, PUNONGBARANGAY, SKCHAIRMANMEMBERS OF THEHOUSE OFREPRESENTATIVES,SENATORS, BOARDMEMBERS, COUNCILORSINTERPRET LAWS,JUSTICEJUSTICES, JUDGES
  18. 18. 1.SEPARATION OF POWERS2. SYSTEM OF CHECK AND BALANCE3.BLENDING OF POWERSPRINCIPLES GOVERNING THE OPERATIONSOF GOVERNMENTAL POWERS(3 BRANCHES)
  19. 19. POLICE POWER is thepower of promotingthe general welfareby restraining andregulating the useof liberty andproperty. Basis isthe latin maximsalus populi estsuprema lex (thegeneral welfare isthe supreme law)
  20. 20. EMINENTDOMAINenables theState toacquireprivateproperty uponpayment ofjustcompensationfor someintendedpublic use.
  21. 21. TAXATION it means theState is able todemand from themembers of societytheir proportionateshare or contributionin the maintenanceof the government.
  22. 22. INHERENT IN THE STATE
  23. 23. SIMILARITIES OF THE 3FUNDAMENTAL POWERS NOT ONLY NECESSARY BUT INDISPENSABLE METHODS TO INTERFERE PRIVATE RIGHTS PRESUPPOSES AN EQUIVALENTCOMPENSATION EXERCISED BY LEGISLATURE

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