Concepts of state and government
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Concepts of state and government

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Concepts of state and government Concepts of state and government Presentation Transcript

  • B. Concepts of State and Government
  • Meaning of State
    A state is a community of persons 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 obedience, and enjoying freedom from external control.
    The Philippines is a state.
  • Elements of a state
    People
    - The mass of the population living within the state.
  • “people”
    answers the question, “who governs whom?”
    no specific number requirement
    “…the state shall neither be too small nor yet one that seems great but has no unity.” (Plato)
  • Elements of a state
    Territory
    - demarcated area that rightly belongs to the population
  • “territory”
    answers the question, “where?”
    terrestrial, fluvial, maritime and aerial
    should be permanent and large enough to be self-sufficing
  • Elements of a state
    Government
    - Refers to the agency to which the will of the state is formulated, expressed, and carried out.
  • Elements of a state
    Sovereignty
    - May be defined as the supreme power of the state to command and enforce obedience to its will from the people within its jurisdiction and corollarily to have freedom from foreign control.
  • “sovereignty”
    Internal – power of the state to rule within its territory
    External – the freedom of the state to carry out its activities without subjection to or control by other states.
  • Origin of states
    Divine right theory
    Necessity or force theory
    Paternalistic theory
    Social contract theory
  • State distinguished from nation
    “The state is a political concept while
    a nation is an ethnic concept.”
  • State distinguished from nation
    “ A state is not subject to external control while a nation may or may not be independent of external control.”
  • State distinguished from nation
    “ A single state may consist of one or more nations or people and conversely, a single nation may be made up of several states.”
  • State distinguished from government
    “…they are usually regarded as identical. As ordinarily, the acts of the government are the acts of the state.”
  • State distinguished from government
    “A state cannot exist without a government, but it is possible to have a government without a state.”
  • State distinguished from government
    “A government may change, its form may change, but the state, as long as its essential elements are present, remains the same.”
  • Forms of Government
    • “forms” of government refer to the basic rules by which a nation carries out its policies
    • there is no standard for the classification of governments
    • actual arrangements differ from theoretical ones
  • governments: Aristotelian typology
    Number of rulers
    Perverted
    Ideal
    Monarchy
    Tyranny
    One
    Few
    Aristocracy
    Oligarchy
    Many
    Democracy
    Mobocracy
  • As to extent of powers exercised by the central or national government
    Unitary - control of national and local affairs is exercised by the central or national government
    Federal –powers of the government are divided between to sets of organs, one of the national and the other for local affairs
  • As to the relationship of the between the executive and the legislative branches of the government
    Parliamentary – legislative and executive bodies are fused together
    Presidential – the executive is constitutionally independent of the legislature
  • C. The Government of the Philippines in Transition
  • The pre-Spanish government
    Unit of government
    • composed of settlement villages called barangay
    • from balangaya Malayan word meaning boat
    • every barangay was virtually a state
    • they form confederations for the purpose of protection against common enemies
  • Balangay
  • The pre-Spanish government
    Datu
    • each barangay was ruled by a datu
    • the barangay is monarchy in form, with datu as its monarch
  • The pre-Spanish government
    Social Classes in the barangay
    • the people of the barangay are divided into four classes namely:
    • the nobility (maharlika)
    • the freemen (timawa)
    • serfs (alipingnamamahay)
    • slaves (alipingsagigilid)
  • Timawa
    Maharlika
  • Alipin
  • The pre-Spanish government
    Early laws
    • Maragtas Code – written by DatuSumakwel about 1250 AD
    • Kalantiaw Code – written by DatuKalantiaw in 1433 AD
  • The pre-Spanish government
    Comparison with other ancient governments
    • laws of barangay are generally fair
    • the system of government although defective was not so bad
    • Filipinos even during the early period have shown high intelligence and moral virtues
  • Government during the Spanish period
    Spain’s title to the Philippines
    • discovery of the archipelago Magellan 1521
    • Conquest of Miguel Lopez de Legazpi in 1565
    • By virtue of the Treaty of Paris, the Philippines was ceded to the United States
  • Government during the Spanish period
    Spanish colonial government
    • the Philippines was ruled indirectly by the King of Spain through Mexico from 1565 to 1821
    • Mexico obtained its independence from Spain, thus, the Philippines was ruled directly from Spain until 1898