Chap3 Concept Of The State Flashcards
De facto
Actually exercises power or control but without legal title.
De jure
Has a rightful title but no power or control,
Either because the same has been withrawn from it or because it has not yet actually entered into the exercise thereof.
Doctrine of Parens Patriae
The government as the guardian of the rights of the people may initiate legal actions for and in behalf of particular individual.
State vs. Nation
State is a legal concept,
while Nation is only a racial or ethnic concept.
Thus understood, a Nation may comprise several states; for ex., Egypt, Iraq, Saudi A., Lebanon, Jordan, Libya, AMONG OTHERS, while each separate state, all belong to the Arab nation. On the other hand, it is possible for a single state to be made up of more than 1nation, as in the case of the United States, or of Malaysia, whose pop’n consists of Malays and Chinese, or of the UK, which is compose of England, Scotland, Wales, & Northern Ireland.
State vs. Government
State is the principal, the government its agent.
The government is only an element of the state.
The State itself is an abstraction; it is the government that externalizes the State and articulates its will
National Territory of the Phils. (Art.1, 1987 constitution)
The natinal territory comprises of the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its Terrestrial, Fluvial (rivers), and Aerial domains, including its Territorial sea, the Seabed, the Subsoil, the Insular shelves, and other Submarine areas. The Waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Phils.
Archipelago Doctrine- 1u, 1c, 1s
Integration of a group of islands to the sea and their oneness so that together they can constitute 1 unit, 1 country, and 1 state.
The main purpose is to protect the territorial interests of an archipelago (see last sentence, Art.1, 1987 constitution.
Imperium
The State’s authority to govern as embraced in the concept of sovereignty
Dominium
Capacity of the state to own or acquire property.
2 functions the government performs:
1 Constituent- voter, elector, component, unit (eng.dic)
2 Ministrant- clerical servant; ministering, attending (eng.dic)
Constituent
Compulsory because constitutive (fundamental) of the society.
Ministrant
Undertaken to advance the general interest of the society;
such as Public works, Public charity, & regulation of trade and industry.
merely optional.
3 jurisdiction of sovereignty
1 t-erritorial
2 p-ersonal
3 e-xtraterritorial
Territorial
Authority to have all persons & things WITHIN its territorial limits be completely subject to its Control & Protection.
Personal
Authority over its nationals, their Persons, Property, or Acts whether WITHIN or OUTSIDE its territory.
