The State • Define as the group of people, permanently occupying a definite territory, independent of foreign rule, and having an organized government.
Elements of State
People. Refers to the number of population living within the state (Art. IV)
Government (Art. VI, VII, VIII)
A government is the aggregate of authorities that rule society and must be obeyed by its people.
How Bill Comes A Law?
Basis of Governance
presidential republics,parliament supervising an executive presidency presidential republics,semi-presidential system parliamentary republics parliamentary constitutional monarchies in which the monarch does not personally exercise power constitutional monarchies in which the monarch personally exercises power, often alongside a weak parliament absolute monarchies single party republics states whose constitutions grant only a single party the right to govern states where constitutional provisions for government have been suspended
Based on One-Man Rule Classification of government based on the authority of the ruler
1. Monarchy – the monarch/King/Queen governed the people and the power to lead came from Divine Providence. (Meijei – of Japan) 2. Nazism – the ruler is believed that his superior intelligence made him solely responsible to govern the people for a cause of advancing his name & glory. (Adolf Hitler)
3. Communism -. believed that the ownership of all the properties belonged to the community as a whole. Communal ownership, where people share in the work and products of the work. (former USSR until 1990)
4. Fascism - believed that no opposition may come to question his centralized legitimacy, emphasized aggressive nationalism & anti
– communism (Mussolini of Italy)
II: Government by Few
a. Aristocracy – a government characterized by the rule of nobility, elite, or the privileged upper class.(Rome in ancient times)
b. Oligarchy – a form of government where the power is vested in a few or in a dominant class or clique. (Marcos of the Philippines)
III: Government by Many
a. Democracy – a government where the power is vested to the people and exercised by them or by elected agents under a free electoral system.
III: Government by Many
a. Democracy
1. Direct – pure democracy where the mob directly run and govern themselves
2. Representative – the people choose their representative to govern in public affairs.
Forms of government
• Adhocracy- government based on type of organization that operates in opposite fashion to a bureaucracy
• Authoritarian – Authoritarian governments are characterized by an emphasis on the authority of the state in a republic or union. It is a political system controlled by unelected rulers who usually permit some degree of individual freedom
• Anarchism - Sometimes said to be non-governance; it is a structure which strives for non-hierarchical voluntary associations among agents.
• Band Society - government based on small (usually family) unit with a semi-informal hierarchy, with strongest (either physical strength or strength of character) as leader. Very much like a pack seen in other animals, such as wolves.
• Chiefdom(Tribal) - government based on small complex society of varying degrees of centralization that is led by an individual known as a chief.
• Constitutional monarchy– A government that has a monarch but one whose powers are limited by law or by a formal constitution such as the United Kingdom
• Constitutional republic– A government whose powers are limited by law or a formal constitution, and chosen by a vote amongst at least some sections of the populace (Ancient Sparta was in its own terms a republic, though most inhabitants were disenfranchised. The United States is a federal republic).
• Democracy– Rule by a government chosen by election where most of the populace are enfranchised. The key distinction between a democracy and other forms of constitutional government is usually taken to be that the right to vote is not limited by a person's wealth or race (the main qualification for enfranchisement is usually having reached a certain age). A Democratic government is, therefore, one supported (at least at the time of the election) by a majority of the populace .• A "majority" may be defined in different ways. There are many "power-sharing" (usually in countries where people mainly identify themselves by race or religion) or "electoral-college" or "constituency" systems where the government is not chosen by a simple one-vote-per-person headcount
• Dictatorship– Rule by an individual who has full power over the country. The term may refer to a system where the dictator came to power, and holds it, purely by force - but it also includes systems where the dictator first came to power legitimately but then was able to amend the constitution so as to, in effect, gather all power for themselves.
• Emirate - similar to a monarchy or sultanate, but a government in which the supreme power is in the hands of an emir (the ruler of a Muslim state); the emir may be an absolute overlord or a sovereign with constitutionally limited authority.
• Geniocracy- government ruled by creativity, innovation, intelligence and wisdom.
• Kratocracy- government ruled by those strong enough to seize power through physical force or political cunning.
• Kritocracy - government ruled by judges.
• Meritocracy - Rule by a group selected on the basis of their ability.
• Monarchy – Rule by an individual who has inherited the role and expects to bequeath it to their heir.
• Oligarchy – Rule by a small group of people who share similar interests or family relations.
• Plutocracy – A government composed of the wealthy class. Any of the forms of government listed here can be plutocracy. For instance, if all of the voted representatives in a republic are wealthy, then it is a republic and a plutocracy.
• Republic - is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch. Montesquieu included both democracies, where all the people have a share in rule.
Direct or pure democracy– is one in which the will of the stateis formulated or expressed directly and immediately through the people in a mass meeting.
• Indirect or representative democracy – the people elect their chosen representatives and give them power to govern. Agents of the people are responsible are responsible for carrying out the will of the people. Japan, Jamaica, Philippines, Taiwan, New Zealand has this type of government.
• Presidential democracy – The president is the head of state and government. People elect the legislative branch of government which they make laws and enforced by the president. Example is the USA..
Parliamentary democracy – the members of the parliament elect Prime Minister. The people through popular suffrage elect members of the parliament. The elected representatives enact laws. Countries like France, India and Canada have this type of government.
• Constitutional monarchy – the monarchs shares government power with elected legislatures. A constitution, exists as the rule of the law in the state. The power of the monarch is defined and limited by the constitution. Countries like GB, Jordan, Thailand, Tonga and Norway have this type of government
Territory
This constitutes all the land and water within its external boundaries, the sea, within a three-mile limit of its shore, the bays and estuaries and islets bordering its coast.
Sovereignty•It is the supreme and independent power which a state possesses.•The commanding authority of the state to give unconditional orders to all individuals in the territory within the state. (Leon Dugit, French philosophical jurist)
Manifestations of Sovereignty:
• Titular. This is the fictitious authority to a ruler who personifies the power and majesty of the state and whose name the government is conducted. Queen Elizabeth II of England is a ceremonial ruler. She reigns but does not govern.
• Actual. It is attributed to and actually exercised by the Chief Executive of the state. He exercises authority over both the internal and external matters, in the name of the people in his jurisdiction. The President of the Philippines falls under this manifestation of the sovereignty.
• Titular. This is the fictitious authority to a ruler who personifies the power and majesty of the state and whose name the government is conducted. Queen Elizabeth II of England is a ceremonial ruler. She reigns but does not govern.
• Actual. It is attributed to and actually exercised by the Chief Executive of the state. He exercises authority over both the internal and external matters, in the name of the people in his jurisdiction. The President of the Philippines falls under this manifestation of the sovereignty.
• De facto. This is usually acquired virtually by force and usurped from the legally constituted authority. An individual with an armed band of followers or military junta may seize power and became a de facto ruler.
• De Jure. This is established according to the basic law of the land, has the general support of the people and is entitled to the recognition and rightful supremacy.
• Legal. This is where the law-making body of the government is vested. It is the authority that expresses the political will of the state and its people. In the Philippians legal authority is vested in Congress.
