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CONCEPT OF STATE AND GOVERNMENT

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CONCEPT OF STATE
AND GOVERNMENT
According to James Garner, the STATE
is a community of persons more or
less numerous occupying a definite
portion of territory completely free
of external control and possessing
an organized government to which a
great body of inhabitants render
habitual obedience.
STATE VS. NATION
FOUR ESSENTIAL ELEMENTS OF
STATE:1. People
2. Territory
3. Sovereignty
4. Government
Peoplerefer to the inhabitants
of the state. There is no strict
requirement on their number, but
they must be of sufficient number
to be self-sufficing.
Territory is a fixed portion on the
surface of the earth inhabited by
the people of the state.
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CONCEPT OF STATE AND GOVERNMENT

  • 1. CONCEPT OF STATE AND GOVERNMENT
  • 2. According to James Garner, the STATE is a community of persons more or less numerous occupying a definite portion of territory completely free of external control and possessing an organized government to which a great body of inhabitants render habitual obedience.
  • 4. FOUR ESSENTIAL ELEMENTS OF STATE:1. People 2. Territory 3. Sovereignty 4. Government
  • 5. Peoplerefer to the inhabitants of the state. There is no strict requirement on their number, but they must be of sufficient number to be self-sufficing.
  • 6. Territory is a fixed portion on the surface of the earth inhabited by the people of the state.
  • 7. Sovereignty is the supreme and uncontrollable power inherent in a State.
  • 8. 2 KINDS OF SOVEREIGNTY 1. Legal- is the authority which has the power to issue final commands; 2. 2. Political – is the power behind the legal sovereign, or the sum total of the influences that operate it.
  • 9. Government is the instrument that provides mechanisms in determining, formulating, and implementing the policies of the state. It is the essential instrument or machinery of the state that carries out its will, purposes and objectives.
  • 10. TWO FUNCTIONS OF GOVERNMENT 1. CONSTITUENT – Compulsory function 2. MINISTRANT- Discretionary function
  • 11. ADMINISTRATION Refers to the group of persons in whose hands the reins of the government are held for the time being.
  • 12. FORMS OF GOVERNMENT A. According to the number of People who rule 1. MONARCHY 2. OLIGARCHY 3. DEMOCRACY
  • 14. FORMS OF GOVERNMENT B. According to the relationship between the National & Local 1. FEDERAL 2. UNITARY
  • 18. FORMS OF GOVERNMENT C. According to the status of those who hold the rein of Government 1. CIVIL 2. MILITARY
  • 19. FORMS OF GOVERNMENT D. According to the Relationship between the Executive & Legislature 1. PARLIAMENTARY 2. PRESIDENTIAL
  • 22. FORMS OF GOVERNMENT E. OTHER FORMS 1. DESPOTIC 2. TOTALITARIAN 3. REPUBLICAN 4. CONSTITUTIONAL 5. DE JURE 6. DE FACTO 7. REVOLUTIONARY
  • 23. EXECUTE, IMPLEMENT, ENFORCE LAW-MAKING, FORMULATION OF POLICIES INTERPRET LAWS, JUSTICE PRESIDENT, GOVERNOR, MAYOR, PUNONG BARANGAY, SK CHAIRMAN MEMBERS OF THE HOUSE OF REPRESENTATIVES, SENATORS, BOARD MEMBERS, COUNCILORS INTERPRET LAWS, JUSTICE JUSTICES, JUDGES
  • 25. 1.SEPARATION OF POWERS 2. SYSTEM OF CHECK AND BALANCE 3.BLENDING OF POWERS PRINCIPLES GOVERNING THE OPERATIONS OF GOVERNMENTAL POWERS (3 BRANCHES)
  • 27. POLICE POWER is the power of promoting the general welfare by restraining and regulating the use of liberty and property. Basis is the latin maxim salus populi est suprema lex (the general welfare is the supreme law)
  • 28. EMINENT DOMAIN enables the State to acquire private property upon payment of just compensation for some intended public use.
  • 29. TAXATION it means the State is able to demand from the members of society their proportionate share or contribution in the maintenance of the government.
  • 35. SIMILARITIES OF THE 3 FUNDAMENTAL POWERS  NOT ONLY NECESSARY BUT INDISPENSABLE  METHODS TO INTERFERE PRIVATE RIGHTS  PRESUPPOSES AN EQUIVALENT COMPENSATION  EXERCISED BY LEGISLATURE