CONCEPT OF STATE Flashcards
4 ESSENTIAL ELEMENT OF STATE
PEOPLE, TERRITORY, SOVEREIGNTY, GOVERNMENT
STATES THAT AS LONG AS THE 4 ESSENTIAL ELEMENTS ARE THERE YOU HAVE A STATE
DOCTRINE OF STATE CONTINUITY
They are the persons who are the inhabitants of the state (no requirement in order to comprise the state,
PEOPLE
definite portion of the surface of the earth in which the people live (It is always three fold; land, water, and the air)
TERRITORY
defined as the agency through which the will of the state is express and formulated
GOVERNMENT
TWO ASPECTS OF SOVEREIGNTY
INTERNAL AND EXTERNAL
Looks at the government as the parent of the state, the government protects the people, delivers social services to the people, promotes welfare
DOCTRINE OF PARENS PATRIAE
States that the Philippines adapts the generally accepted principles of international law as part of the law of land. There are laws which are not present in the Philippines but observed in other countries - Diplomatic Immunity is a law which is practice in international law which we adapt
DOCTRINE OF INCORPORATION
Is the agency through which the will of the state is express, carried out, and formulated - It is an institution - It is an essential element of the state, it is permanent
GOVERNMENT
Refers to the body of men, it is a group of individuals - Nasa kanilang kamay sa pansamantalang panahon ang pagpapatakbo ng pamahalaan - It is not an essential element of the state, it is temporary
ADMINISTRATION
HIGHEST FORM OF ASSOCIATION
STATE
IMAGINED COMMUNITY
NATION
4 ESSENTIAL ELEMENTS=
DE FACTO/DEJURE?
DE FACTO
4+1 ESSENTIA;L ELEMENT
DE FACTO/DEJURE?
DE JURE
minority school of taught, a state can be a state even if does not possess the essential elements as long as it is recognize by other countries
CONSTITUTIVE THEORY
