The Philippine judicial and legal system, including its legal education system, blends elements of civil law inherited from the Spaniards and American common law. For instance, civil code procedures on family and property matters, among others, and the absence of jury trials are attributable to the Spanish civil law influences. However, most of the more significant laws governing trade and commerce, taxation, labor relations, and governmental operations, as well as the principle of judicial precedents are an American derivation. In the hierarchy of laws, the Constitution has the highest legal force, followed by domestic statutes. In addition, generally accepted principles of international law and judicial precedents (i.e., decisions of the Supreme Court) also form part of the laws of the land.
3. A nation is a stable community of people
formed in the basis of a common
language, territory, economic life,
ethnicity and/or psychological make-up
manifested in a common culture. Is
distinct from a people and is a more
abstract, and more overtly political than
an ethnic group.
4. -It is a cultural-political community
that has become conscious of its
autonomy, unity and particular
interest.
5. Nation seems so compelling, so
“real”, and so much a part of the
political and cultural landscape,
that people think they lasted
forever. In reality, they come into
being and dissolve with changing
historical circumstances-
sometimes over a relatively short
period of time.
7. A state is more than a government that
is clear. Government changes, but state
endure. A state is the means of rule over a
defined or “sovereign” territory. It is
comprised of an executive, a bureaucracy,
courts and other institutions.
8. States distribute and re-distribute
resources and wealth, so lobbyist,
politicians and revolutionaries seek
in their own way to influence or
even to get hold of the levers of
state power. 4In all but the short
term, states are influx.
9. Differences between Nation and State;
The states has four elements-population, territory,
government, and sovereignty. In the absence of even
one element, a State cannot be really a State. A state
is always characterized by all elements. While the
nation is a group of people who have a strong sense
of unity and common consciousness. Common
territory, common race, common religion, common
language, common history, common literature and
common political aspirations are the elements which
help the formation of nation, and yet none of these is
an absolutely essential element. The elements which
go to build a nation keep on changing.
10. POPULATION- a total of individuals
occupying an area or making up a whole
TERRITORY- is the area that controlled by
the government
Government- the group of people that
makes a rules/laws and control the country
Sovereignty- is the most exclusive elements
of state. Without sovereignty no state can
exit
11. States is a Political Organization
while Nation is a social, cultural,
psychological, emotional and
political unity.
Possession of a definite territory is
essential for the State but not for a
Nation.
13. The term GLOBALIZATION encompasses a
range of social, political, and economic
changes. It expands and accelerates the
exchange of ideas and commodities over
vast distance. It is common to discuss the
phenomenon in highly generalized terms,
but globalization’s impacts are often best
understood at the local level.
16. Hyperglobalists argue that the world had
evolved these past years and that it is now
more borderless, especially in the economic
field. National economies are now part of a
global economy where international
financial markets and transnational
dominate. They say there is a
denationalization but that it is part of an
economic logic in which "national
governments are just transmission belt for
global capital" (King and Kendall, p144).
17. We are in a time of a borderless economy and
where the state is territorially limited, global
markets are free to escape political regulation
Hyperglobalists see the globalisation as a good
thing which would give opportunities to societies
to develop.
18. In contrast, Sceptics disagree with this thesis; they
think that the world has not evolved much and
that instead of being in a globalised world we are
now in a more international world. Hirst and
Thompson argued that "whereas tendencies
towards internationalisation can be
accommodated within a modified view of the
world economic system, that still gives the major
role to national-level policies and economic actors;
when firms, government and international
agencies are being forced to behave differently, but
in the main they can use existing institutions and
practices to do so" (Held and McGrew, chap 1).
19. For the Sceptics, the State remains central in the
business activities and even that it is the most
powerful actor in domestic economy and in
international agreement and regulations.
Multinational corporations having headquartered
in different countries can be described as national
companies operating internationally and thus
subject to the national regulation. Moreover, the
State has still a crucial role in the scheme of
governance and regulation and through elections
it remains the critical agencies of the popular
representation. And to conclude they state that the
world is now divided into larger regional area
rather that into one world.
20. However, Transformationalists take a middle
ground approach between the two previous
extreme views of globalisation. They argue that
globalisation is a multi-scalar process and do not
believe in a single global society. The current
global interconnections and interdependence will
forge new networks and maybe dissolve some
existing ones. As Held say "relationships among
nations and people will be reconfigured and power
relationships restructured. It will not be the end of
the Nation State, more a reconstruction of the
Nation State.
21. Among these different theories, the
Transformationalists one seems to
be the more accurate.