STATE AND NATION

1. z
Euthenics 3: Lesson 4:
State and Nation

2. z
Definition of State
 A politically organized sovereign community
independent of outside control bound by
penalties of nationhood, legally supreme
within its territory, acting through a
government functioning under a regime of
law.

3. z
Definition of State
 According to JUSTICE ISAGANI CRUZ, state
is “a group of people living together in a
definite territory under an independent
government organized for political ends and
capable of entering into international
relations.

4. z
State vs. Nation
 STATE, needs the presence of people, territory, government
and sovereignty to be considered as state, absence of one of
the elements mentioned will definitely obliterate the existence of
the state.
 NATION, connotes merely an ethnical or a cultural term; nation
refers to those people belonging to the same race and is
embraced with a common cultural heritage, people having same
ethnical heritage , common aspirations and cultural goals.
To conclude, STATE is a legal or juridical concept while NATION is
an ethnical or cultural concept.

5. z
Government and Administration
 GOVERNMENT, an agency through which the
state acts.
 ADMINISTRATION, refers to the people that
are running the government.

6. z
Government and Administration
To conclude, the factor that distinguished the
government from administration is the fact that
a government being an element of the state is
perpetual, a administration may vary from time
to time due to changes in the people running
the affairs of the government.

7. z
THE FOUR ELEMENTS OF STATE
1. PEOPLE: pertains to the group of human
being that live in the territory of the state and
they must be capable of self-perpetuations.
(means, capable of propagating themselves to ensure the continuous
existence of the state)

8. z
THE FOUR ELEMENTS OF STATE
2. TERRITORY, refers to the definite portion of
the Earth where its people resides and must be
capable of sustaining the survival of its
inhabitants.

9. z
THE FOUR ELEMENTS OF STATE
3. GOVERNMENT, an element of the state
could be defined as the institution inside the
state that is composed of the body or entity
that provides for the policies that governs
the entirety of state affairs and thus by
doing so acts as the agent through which
the state acts.

10. z
Functions of the Government
1. It serves as the agent of the state.
2. It is the body that provides for rulers and policies through
which the affairs of the state are governed.
3. It embodies the will of the people.
4. It represents the state in diplomatic intercourse.

11. z
Government Two Traditional Functions
1. Constituent functions pertain to the mandatory function of the
government. (constitute fabric of society such as but not limited
to the maintenance of peace and order, regulation of property
and property rights and the administration of justice).
2. Ministrant functions intended to promote the welfare, progress
and prosperity of the people, are merely optional for the
government to perform.

12. z
Doctrine of Parens Patriae
 Means guardian of the people
 Serves as the protector or guardian of the
right of the people who suffers from
deprivation of rights.

13. z
The Different Kinds/Forms of Government
1. MONARCHY - Has a single ruler, can be a queen , king,
emperor or empress.
2 sub-forms
a. Absolute Monarchy – all the powers of the government rest in a
single ruler; the monarch holds absolute power to govern the
exercises both executive and legislative powers.
b. Limited Monarchy - “Constitutional Monarchy” limits the powers
of the monarch.

14. z
The Different Kinds/Forms of Government
2. ARISTOCRACY, the power to govern
rests on the hands of the few called
aristocrats. (ancient world, this regime is
widely known); most of the time they
belong to a single ruling family.

15. z
The Different Kinds/Forms of Government
3. DEMOCRACY, means rule of PEOPLE.
2 sub-kinds
a. Direct or Pure Democracy – people involve themselves in policy
making for the entire state.
b. Indirect Democracy - also known as Republican or Representative
Government. (people elect their representatives to represent them in
policy making and governance).

16. z
As to relationship of the Executive and Legislative

17. z
Sovereignty
 Sovereignty means independence or
freedom from outside control in the
conduct of the domestic and foreign
affairs of the state.

18. z
Kinds of Sovereignty
 LEGAL SOVEREIGNTY – the power to
issue final commands and enact laws
and policies that will govern the entire
state.

19. z
Kinds of Sovereignty
 POLITICAL SOVEREIGNTY- pertains
to all influences in the state that are not
considered as laws

20. z
Kinds of Sovereignty
 INTERNAL SOVEREIGNTY – the
power of the state to dictate or
control its affairs in the domestic
level.

21. z
Kinds of Sovereignty
 EXTENAL SOVEREIGNTY – the
power of the state to direct its
relations with the entire international
community.

22. z
DOMINIUM AND IMPERIUM
 DOMINIUM – refers to the capacity of the
state to own or acquire property
 IMPERIUM – refers to the power of the state
to govern its subjects and everything in its
territory.

23. z
Characteristic of Sovereignty
1. Permanent
2. Exclusive
3. Comprehensive
4. Absolute
5. Indivisible
6. Inalienable
7. Imprescriptible

24. z
Effects of Foreign Invasion to
Sovereignty
 There will be no change of sovereignty but
invaded state can no longer exercise the
rights of a sovereign state.
To conclude, all political laws will cease to
operate.

25. z
State Immunity from Suit
 The 1987 constitution provides that the state cannot be sued.
 All suits against the state will not prosper unless the state
itself consented.
- Express consent – given only by a legislative act of the
congress through a special or general law
- Implied consent – satisfied when the state itself
commences litigation or when the state enters into
a business contract. (existing agreement).

26. z
The Regalian Doctrine or Jura
Regalia
 Sec. 2: All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources
are owned by the State. With the exception of
agricultural lands, all other natural resources shall not
be alienated. The exploration, development, and
utilization of natural resources shall be under the full
control and supervision of the State.

27. z
F. Riodique & R. Gil. (2015). Introduction to
Philippine Government & Politics. Manila.
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