CONCEPTS OF STATE AND GOVERNMENT

1. Concepts of State and
Government

2. 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.

3. Elements of a state
1. People
- The mass of
the population
living within the
state.

4. “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)

5. Elements of a state
2. Territory
- demarcated area
that rightly
belongs to the
population

6. “territory”
answers the question, “where?”
terrestrial, fluvial, maritime and aerial
should be permanent and large enough
to be self-sufficing

7. Elements of a state
3. Government
- Refers to the agency
to which the will of the
state is formulated,
expressed, and carried
out.

8. Elements of a state
4. 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.

9. “sovereignty”
a. Internal – power of the
state to rule within its
territory
b. External – the freedom
of the state to carry out
its activities without
subjection to or control
by other states.

10. Origin of states
1. Divine right theory
2. Necessity or force theory
3. Paternalistic theory
4. Social contract theory

11. State distinguished from nation
“The state is a political concept while
a nation is an ethnic concept.”

12. State distinguished from nation
“ A state is not subject to external control
while a nation may or may not be
independent of external control.”

13. 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.”

14. State distinguished from
government
“…they are usually regarded as identical. As
ordinarily, the acts of the government are
the acts of the state.”

15. State distinguished from
government
“A state cannot exist without a
government, but it is possible to have a
government without a state.”

16. 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.”

17. Forms of Government

18. “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

19. governments: Aristotelian
typology
Number of
rulers
Ideal Perverted
One
Few
Many
Monarchy
Aristocracy
Democracy
Tyranny
Oligarchy
Mobocracy

20. As to extent of powers exercised by the
central or national government
a. Unitary - control of national and
local affairs is exercised by the
central or national government
b. Federal –powers of the government
are divided between to sets of
organs, one of the national and the
other for local affairs

21. As to the relationship of the between the
executive and the legislative branches of the
government
a. Parliamentary – legislative and executive
bodies are fused together
b. Presidential – the executive is
constitutionally independent of the
legislature

22. The Government of the
BANGLADESH in Transition

23. The pre-Spanish government
(1)Unit of government
 composed of settlement villages
called barangay
 from balangay a Malayan word
meaning boat

24.  every barangay was virtually a state
 they form confederations for the
purpose of protection against
common enemies

25. Balangay

26. The pre-Spanish government
(2)Datu
each barangay was
ruled by a datu
the barangay is
monarchy in form, with
datu as its monarch

27. The pre-Spanish government
(3) Social Classes in the barangay
the people of the barangay are divided
into four classes namely:
o the nobility (maharlika)
o the freemen (timawa)
o serfs (aliping namamahay)
o slaves (aliping sagigilid)

28. Timawa
Maharlika

29. Alipin

30. The pre-Spanish government
(4) Early laws
 Maragtas Code – written by Datu
Sumakwel about 1250 AD
 Kalantiaw Code – written by Datu
Kalantiaw in 1433 AD

31. The pre-Spanish government
(5) 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

32. Government during the Spanish
period
Spain’s title to the Philippines
o discovery of the archipelago Magellan
1521
o Conquest of Miguel Lopez de Legazpi in
1565
o By virtue of the Treaty of Paris, the
Philippines was ceded to the United States

33. Government during the Spanish
period
Spanish colonial government
othe Philippines was ruled indirectly by the King
of Spain through Mexico from 1565 to 1821
oMexico obtained its independence from Spain,
thus, the Philippines was ruled directly from
Spain until 1898