THE CONCEPTS OF STATE AND GOVERNMENT

I. Meaning of State
A state is a community of persons more or Iess numerous, permanently occupying a
definite portion of territory, having a government of their own which the great study of
inhabitants render obedience, and enjoying freedom from external control.
The Philippine is a state.

Elements of state
The modern state has four (4) essential elements. They are:

1. People- this refers to the mass of population living within the state. Without people
there can be no functionaries to govern and no subjects to be governed. There is no
requirement as to the number of people that should compose a state. But should be
neither too small nor too large: small enough to be well-governed and large enough to
be self-sufficing.

Reputedly the smallest state in point is the Vatican. Its estimated 500 citizens,
mainly clerics and Swiss guards, are ruled by the Pope. The island Republic of
Nauru has a total population of only about 9000. China is the largest state in
point of population placed at more than one billion.

The Philippines is now estimated to have a population of about 82,663,000,

composed mostly of Malays and Chinese;

2. Territory- it includes not only the land over which the Jurisdiction of the state
extends, But also the rivers and lakes therein, a certain area of the sea which abuts
upon its coasts and the air space above it. Thus, the domain of the state may be
described as terrestrial, fluvial, maritime and aerial.

The smallest state in point of territory is Vatican, located just outside the western
boundary of Rome with an area of only 1/6 square mile or 0.43 square kilometer.
It would fit in RizaI Park in Manila. The Republic of Nauru has an area of about
eight (8) square miles or 20 square kilometers. The Former Soviet Union was the
largest state in point of territory with its total land area of about 8,599,776 miles.
Now, the biggest state is Canada, having an area of 3,852,000 miles which
covers a surface nearly as large as Europe.
 The Philippines has a total land area of about 115,707 square miles or 299,681
square kilometers.

3. Government- It refers to the agency through which the will of the state is formulated,
expressed and carried out. The word sometimes used to refer to the person aggregate
of those persons in who5e hands are placed for the time being the function of political
control. The “body of men” is usually spoken of as “administration.” The ordinary citizens
of a country are a part of the state, but are not part of the government; and

4. Sovereignty- the term may be defined as the supreme power of the state to
command and enforce obedience to its Will from people within its jurisdiction and
corollary to have freedom from foreign control. It has two manifestations:
(a) Internal or the power of the state to rule within its territory and
(b) External or the freedom of the state to carry out its activities without
subjection to a control by other state. External sovereignty is often referred to as
independence.

These internal and external aspects of sovereignty are not absolutely true in practice
because of the development of international relations and consequently, of international
law.

II. Origin of States

1. Divine-right theory- it holds that the state is of divine creation and the ruler is
ordained by God to governed the people.
2. Necessity or force theory- it maintains that the states must have been created
through force by some great warriors who imposed their will upon the weak.
3. Paternalistic theory- it attributes the origin of states to the enlargement of the
family which remained under the authority of the father or mother. By natural
stages, the family grew into a clan, then developed into a tribe which broadened
into a nation, and the nation became a state; and
4. Social contract theory — It asserts that the early states must have been formed
by deliberate and voluntary compact among the people to form a society and
organize government for their common good. This theory justifies the right of the
people to revolt against bad ruler.

It is not known exactly which of the above theories is the COrrect one. History,
however, has shown that the elements of all theories have played an important
part in the information and development of states.

III. State vs. Nation

Nation should not be confused with state as they are not the same.
 1. The state is a political concept, while nation is an ethnic concept. A nation is a
group of people bound together by certain characteristics such as common social
origin, language, customs, and traditions and who believe that they are one and
distinct from others. The term is more strictly synonymous with ‘people.’
2. A state is not subject to external control while a nation may or may not be
independent of external control; and
3. A single state may consist of one or more nations or peoples and conversely, a
single nation may be made up of several states. The United States is a melting
pot of several nationalities. On the other hand, the Arab nation is divided
politically into several sovereign states. Among them are: Egypt, Saudi Arabia,
Jordan, Syria, Lebanon, and others. The Philippines is a state composed of one
nation.

State distinguished from government

In common speech, they are usually regarded as identical. As ordinarily, the acts of the
government (within the limits of the delegation of powers) are the acts of the state, the
former is meant when the latter is mentioned, and vice versa.

The government is only the agency through which the state expresses its will. A state
cannot exist without a government, but it is possible to have a government without a
state. Thus, we had various governments at different periods of our history from pre-
Spanish times to the present. There was no Philippine state during those periods when
we were under foreign domination.

A government may change, its form may change, but the state, as long as its essential
elements are present, remains the same.

IV. Purpose and Necessity of Government

A government may change, its form may change, but the state, as long as its essential
elements are present, remains the same.
Purpose and Necessity of Government

1. Advancement of the public welfare — Government exists and should continue

to exist for the benefit of the people governed. It is necessary for the protection of
society and its members, the security of persons and property, the administration
of justice, the preservation of the state from external danger, and the advancement
of the physical, economic, social and cultural well-being of the people.

2. Consequence of absence - Government exists to do their things which by their

very nature, it is better equipped to administer for the public welfare than any
private individuals. It is obvious that without an organized structure of government,
 anarchy and disorder, and a general feeling of fear and insecurity will prevail in
society, progress and development will not be possible, and values taken for
granted in a free modern society such as truth, freedom, justice, equality, rule of
law, and human dignity can never be enjoyed.

The need for government is so apparent that even the most primitive societies,
history Shows, had some form of it.

V. Forms of Government
The principal forms are the following:

A. As to number of persons exercising sovereign powers:

1. Monarchy or one in which the supreme and final authority is in the hands of a
single person without regard to the source of his election or the nature or
duration of his tenure. Monarchies are further classified into:
1.1 Absolute monarchy or one in which the ruler by divine right; and
1.2 Limited monarchy or one in which the ruler rules in accordance with a
constitution;
2. Aristocracy or one in which political power is exercised by a few privileged
classes which is known as an aristocracy or oligarchy; and
3. Democracy or one in which political power is exercised by a majority of the
people. Democratic governments are further classified into:
3.1. Direct or pure democracy, or one in which the will of the state is
formulated or expressed directly and immediately through the people in a
mass meeting or primary assembly rather than through the medium of
delegates or representatives chosen to act for them and
3.2. Indirect, representative, or republican democracy or one in which
the will of the state is formulated and expressed through the agency of a
relatively small and select body of persons chosen by the people to act as
their representatives.

B. As to extent of powers exercised by the central or national government:

1. Unitary government or one in which the control of national and national
affairs is exercised by the central or national government; and
2. Federal government or one in which the powers of government are divided
between two sets of organs, one for national affairs and the other for local affairs,
each organ being supreme within its own sphere. The United States is a federal
government.
C. As to relationship between the executive and the Legislative branches of the
government:
1. Parliamentary government or one in which the state confers upon the
legislature the power to terminate the tenure of office of the real executive. Under
this system, the Cabinet or ministry is immediately and legally responsible to the
legislature and mediately or politically responsible to the electorate, while the
titular or nominal executive — The Chief of State - occupies a position or
irresponsibility; and

2. Presidential government or one in which the state makes the executive

constitutionally independent of the legislature as regards his tenure and to a
large extent as regards his policies and acts, and furnishes him with sufficient
powers to prevent the legislature from trenching upon the sphere marked out by
constitution as executive independence and prerogative.

On the basis of the classifications of government, it can be said that the

Philippine government is a representative democracy, a unitary and presidential
government is a representative democracy, a unitary and presidential government with
separation of powers. It also embodies some aspects of pure democracy such as, for
instance, the constitutional provision on initiative and referendum. (see Art. VI, Sec. 32.)
Under our Constitution, executive power is vested in the President and the Cabinet,
legislative power with the Congress composed of a Senate and a House of
Representatives, and judicial power with the Supreme Court and the lower courts.

VI. The Language of Politics

As in other disciplines, there are terminologies and jargons which are peculiar only in
politics and governance. Applying the semantic approach, terms are defined in the
political and sociological contexts:
1. Affinity is a connection existing in consequence of marriage or relationship
established by operation of law.

2. Authority is one’s right to exercise power and influence which emanates from
being placed in a particular position through legal or widely accepted set of
procedures.
3. Consanguinity is kinship or blood relationship who descended from the same
stock or common ancestors such as parents to children, brothers and sisters,
cousins, nieces and nephews, aunts and unless, and so on.
4. Compradrazgo system is extending family ties either by consanguinity (blood
relationship) or by ceremonial or religious affiliation. In weddings, baptism and
confirmation for instance, relationships are established between and among the
couple, God-children, their parents and the sponsors.
5. Electorate refers to person or persons qualified to vote during election.
6. Ideology literally means ideas and logic. These are logical ideas that justify the
maintenance or abolition of the existing set up or the status quo.
 7. Institutions are structures which are organized to meet their basic needs of
society. These are formalized norms, folkways, mores, customs and traditions as
well as laws e.g. family, marriage, school, church, etc. While an organization may
be an aggregate of institutions, not all organizations are necessarily institutions.
8. Legality is founded of human positive law. It pertains to the valid use power and
authority or even coercion or violence as warranted founded on law.
9. Legitimacy is a condition where one is perceived correctly placed in a particular
role and, is therefore, properly positioned for carrying out the functions as
expected of him/her by society. Political legitimacy means having widespread
approval for the way on exercises political power.
10. Organization is a body of persons working together in a structural way to
achieve a specific purpose. Interest groups, political parties, campaign
organizations, revolutionary movements are examples of political organizations.
11. Power is a term used to describe the strength or weaknesses of a state. This is
the strength or capacity that a sovereign state can use to protect its national
interests. Power has three subdivisions.

11.1 Influence refers to the unconscious use of power. It also pertains to the
effect of one’s power on another state (person) without any deliberate use of
it.
11.2 Pressure is the conscious use of power short of force. Force is the use of
physical or military sanctions to demand performance or non-performance of
certain act (s).

12. Politicking is the act of engaging in political discussion or activities with the
endview of garnering votes or support during election or even in the usual
dealings we have with others to achieve our goals. This includes the act of empty
promises, bootlicking (sip-sip) to outright bribery (lagay).

13. Radical-pacific means is a peaceful but a disturbing way unjust punishment to

magnify injustice committed and to generate strong public reaction, like
voluntarily going to jail or accepting cruel punishment. The ultimate act is
martyrdom by public execution.

14. Regime is a term used to denote a particular type of government as military

regime or democratic regime.

15. System is a structure whose parts are all interrelated. Whenever there are
changes, all these parts are affected since they function interdependently.

16. State is a community of persons more or less numerous, occupying a definite

portion of territory, free from external control and having an organized form of
government to which a great body of inhabitants render habitual obedience.

Structure is a concept that denotes a set of patterned role relationship brought about
by interactions of human beings.