L3: FUNDAMENTALS OF STATE Flashcards
define the state today as “a
locus of power distinct from either the ruler or the body of the body of the people.”
Quentin Skinner
loved for its promise of order and
stability for the whole community and feared for its threat of coercion by the power which does the ordering.
state
the word “state” derives from the fact that it means
both ruler and
people
TRUE OR FALSE: Foreign
vessels have no right of passage within internal waters.
TRUE
(UNCLOS):
United Nations
Convention on the Law of the Seas
cover all water and waterways on the landward side of the baseline.
Internal waters
The coastal state is free to set laws, regulate use, and use any resource.
coastal state
how many nautical miles is set in territorial water?
12 nautical miles
is set out to 12 nautical miles from the baseline, the coastal state
is free to set laws, regulate use, and use any resource.
Territorial waters
Vessels were given the right of ??
through any territorial waters, with strategic straits
“innocent passage”
allowing the passage of military craft as ??, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters.
“transit passage”
is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good
order or the security” of the coastal state.
Innocent passage
not innocent practices
Fishing, polluting, weapons practice, and spying
the submerged border of a continent or
island, varying with and degree of slope, which separates the land mass from the
ocean depths.
The Insular shelves (or continental shelves)
Extending to a distance of 200 nautical miles from the
baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources
Exclusive Economic Zone (EEZ).
was introduced to halt the increasingly heated clashes
overfishing rights, although oil was also becoming important.
EEZ
extends beyond the 12 nautical mile limit there was a further 12
nautical miles or 24 nautical miles from the territorial sea baseline limit,
Contiguous zone
in which a state could continue to enforce laws regarding activities
such as smuggling or illegal immigration.
contiguous zone,
is embodied in the last sentence of Section1, Article I of the 1987 Philippine Constitution, “the waters around between connecting the islands of the archipelago, regardless of their breadth & dimension form part of the internal
waters of the Philippines”.
Archipelagic doctrine
are drawn joining the outermost
points of the outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing of
baselines shall not depart, to any appreciable extent, from the general configuration
of the archipelago.
Straight baseline method Imaginary straight lines
is 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
state
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.
nation
state concept
political concept
nation concept
ethnic concept.
is only the instrument through which the will of the state is expressed.
government
true or false
the state cannot exist without a government.
true
true or false
government can exist without the state
true
It is defined as the power of promoting the public welfare by restraining and
regulating the use of liberty and property (Freund).
police power
It is the Inherent and plenary
power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society
police power
It is the government’s coercive authority, upon just compensation, to forcibly acquire a property to devote it to public use.
Power of Eminent Domain
It is the power to raise revenues
Power of Taxation.
Inherent Powers of the State
.1. Police power
2. Power of Eminent Domain
3. Power of Taxation
refers to the inhabitants of the State. It must be composed of both
gender to allow continuity through reproduction. It must be adequate in number for self- sufficiency and defense.
People-
4 Essential Elements of state
people
territory
sovereignty
government
- is the portion of the earth’s surface permanently inhabited by the people of the state composed of terrestrial, fluvial, maritime and aerial
domains
Territory
– is the supreme power of the state to command and enforce
obedience to its will from people within its jurisdiction and corollarily to have freedom from foreign control
Sovereignty
it is the supreme absolute and
uncontrollable power by which any state is governed.
Sovereignty
Two kinds of sovereignty:
internal sovereignty
external sovereignty
– it is the power to control and direct the internal affairs
of a country such as the authority to enact, execute and apply laws.
Internal Sovereignty
True or false
Under international law, internal sovereignty is not a factor in determining whether an
entity is a state.
True
it is the power of an independent State to control and
direct its external affairs such as the authority to enter into treaties with other state, to wage war, and to receive and send diplomatic missions.
External Sovereignty –
- is the agency or instrumentality through which the will of the
State is formulated, expressed and realized
Government
The word government is derived from the Latin infinitive ,
gubernare
gubernare means
“to govern” or “to manage”.
is used to refer to what in presidential systems would be the executive branch.
“government”
In parliamentary
systems, the government is composed of
the prime minister and the cabinet
In other cases, “government” refers to
executive, legislative, judicial, bureaucratic, and possibly
also devolved powers
4 elements of governance
Accountability
Participation
Predictability
Transparency
Public officials must be answerable for government behavior, and
responsive to the entity from which their authority is derived.
Accountability
refers to the involvement of citizens in the development process.
Beneficiaries and groups affected by the project need to participate so that the government can make informed choices with respect to their needs, and social groups
can protect their rights.
Participation
A country’s legal environment must be conducive to development.
A government must be able to regulate itself via laws, regulations and policies, which encompass well-defined rights and duties, mechanisms for their enforcement, and impartial settlement of disputes.
Predictability
is about the fair and consistent
application of these laws and implementation of government policies.
Predictability
- refers to the availability of information to the general public and clarity about government rules, regulations, and decisions.
it can be strengthened through the
citizen’s right to information with a degree of legal enforceability.
Transparency
transparency in
government decision-making and public policy implementation reduces
uncertainty and
can help inhibit corruption among public officials.
Functions of the government, in general, are classified into
constituent (governmental)
ministrant (proprietary)
which are mandatory to perform for the Government
such as maintenance of peace and order, regulation of property and property rights,
administration of justice, etc
constituent (governmental)
which are optional and intended to promote the welfare,
progress and prosperity of the people.
ministrant (proprietary)
constituent (governmental) are mandatory to perform for the Government such as
- maintenance of peace and order
- regulation of property and property rights
- administration of justice, etc
Forms of government
1.) number of persons exercising sovereign powers
2.) extent of powers exercised by the central or national government
3.) relationship between the executive and the legislative branches of the
government.
4.) extent of people’s participation
: supreme and final power is in the hands of a single person
Monarchy
monarchy classified into two:
1) absolute monarchy
2) limited monarchy.
political power is exercised by a few privileged class
Aristocracy:
: political power is exercised by a majority of the people
Democracy
Democracy classified into two:
1) direct or pure democracy
2) indirect, representative or
republican democracy
is a form of government where the control over national and
local affairs is exercised by the central or national government.
- Unitary government
is where the powers of the government are divided between
the national and the local government.
- Federal government
is distinguished by the head of government being dependent on the director indirect support of the parliament, often expressed through a vote of confidence.
Parliamentary government
usually have a clear differentiation between the head of government
and the head of state
Parliamentary
systems
indicates a system wherein the offices of the head
of the government and head of state are combined in a single man―the President.
Presidential government
, who holds a wide
public mandate as a result of his election, and who is largely independent of the
legislative branch for the conduct of his administration.
Chief Executive
He is both Chief of State
and political leader of the government.
President
is total government.
Totalitarian government
it controls all aspects of the
people’s life. It may have promised to extend certain rights to the people, but these rights exist only on paper.
totalitarian government
Its political power rests on some absolute authority, and
it does not recognize the sovereignty of the people but at the same time allows
them some civil rights limited though those may be.
authoritarian government
true or false
In reality the people have no rights under a totalitarian state; they exist for the use of the state not vice versa.
true
true or false
Authoritarian government is less harsh, by comparison, in governing its people than a totalitarian one.
true
