L1_Concept of the State Flashcards
Define State
A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience.
Define Nation
from the latin “nasci” which means “to be born”, indicates a relation of birth on origin and implies common race characterized by community of language and customs.
Differentiate Nation from State
State is a legal or juristic concept, while nation is an ethnic or racial concept.
T/F
- States can be composed of several nations.
- Nations can be composed of several states.
- True
2. True
What is a Government?
- Government is merely an instrumentality of the State through which the will of the State is implemented and realized.
- The agency through which the will of the state is formulated, expressed and realized.
What are the elements of the state?
There are 4 elements of a state namely:
- People
- Territory
- Government
- Sovereignty
One of the essential elements of the state is the people who inhabit the state. T/F, the people must be adequate number for self-sufficiency and defense; of both sexes for perpetuity but also small enough to be easily administered.
True
Define Territory
Territory is the fixed portion of surface of the earth inhabited by its people.
What are the major components of the territory
These are:
- Terrestrial domains: land mass
- Maritime and fluvial domains: inland and external waters
- Aerial domains: air and space above land and water.
What does the archipelago doctrine states?
- Entire archipelago is considered as one integrated unit instead of being divided into thousand islands.
- Connect the outermost points of our archipelago with straight base lines and consider all the waters enclosed thereby as internal waters.
What does the Philippine Territory composed of?
Territorial sea – 12 nautical miles from the baseline
Contiguous zone – 24 nautical miles from the baseline
Exclusive Economic Zone – 200 miles from the baseline
What are the coverage of the Philippine Territory aside from the 3 domains?
- Those covered in Treaty of Paris
- Islands of Cagayan, Sulu and Sibuto
- Turtle and Manganes Islands
- Island of Batanes
- Those belonging to the Philippines by historic right or legal title.
What is the mandate of the government?
Promote general welfare of the people.
T/F
Good done by government will be attributed to the state while harm inflicted will be imputed to the government alone.
True
What are the two functions of the government?
- Constituent or Governmental
2. Ministrant or Proprietary
Define Constituent or Governmental function.
mandatory for the government to perform because they constitute the very bonds of society, i.e. maintenance of peace and order, regulation of property rights, administration of justice, etc.
Define Ministrant or Proprietary
functions intended to promote the welfare, progress and prosperity of the people, and which are merely optional for the Government to perform.
T/F
With the repudiation of the laissez faire doctrine, there are constitutional obstacles to the government pursuing lines of endeavor formerly reserved for private enterprise.
False.
With the repudiation of the laissez faire doctrine, there is no constitutional obstacle to the government pursuing lines of endeavor formerly reserved for private enterprise.
Define Doctrine of Parens Patriae
As ‘parent of the people’, the government may act as guardian of the rights of people who may be disadvantaged or are suffering from some disability or misfortune.
What is a “de jure” government?
-In law
One with a rightful title, no power/control because it’s withdrawn from it or not yet actually exercised; with legal title.
What is a “de facto” government?
-In fact/in practice.
Government of fact, actually exercising power or control without legal title.
What are the three kinds of “de facto” governments?
- Government that gets possession & control of, or usurps by force or by voice of majority
- Established as an independent government by inhabitants who rise in insurrection against parent state.
- Established and maintained by military force.
Differentiate “de facto” from “de jure” government.
De facto means a state of affairs that is true in fact, but that is not officially sanctioned; for practical reasons;
In contrast, de jure means a state of affairs that is in accordance with law (i.e. that is officially sanctioned); for formality, official status of the matter.
Differentiate Presidential from Parliamentary.
In a presidential system, the president is the head of the government and the head of the state; voted by election and may be removed only through impeachment process.
Cabinets are appointed by the President, for approval by the legislature.
the lines separating the executive, legislative and judiciary are solidly defined.
the head of the government leads an executive, that is distinct from the legislature. Also, a key feature is that the executive is not responsible to the legislature, they are co-equal.
While the parliamentary form of government, there are two:
Monarchy-Prime Minister (Head of Government)& the King/Queen (Head of State),
Commonwealth- Prime Minister and Governor General;
No Monarch: Prime Minister and President (ceremonial)
-Prime ministers hold executive power, selected by majority vote of the parliament and can be removed by the same (vote of no confidence) if they don’t have support.
In this system, the parliament is generally supreme and the executive is responsible to the legislature. It is also known as the Cabinet form of government
