Saturday, August 17, 2019
Boy Bawang
Concepts of State and Government State ââ¬â is a community of persons more or less numerous permanently occupying a definite portion of territory and a government. Elements of State 1. People ââ¬â this refers to the mass of population living within the state. 2. Territory ââ¬â it includes not only the land over which the jurisdiction of the state extends; but also the rivers and lakes therein. 116 square miles or 300,440 square kilometers 3. Government ââ¬â it refers to the agency through which the will of the state is formulated expressed and carried out. 4.Sovereignty ââ¬â 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. a) Internal ââ¬â or the power of the state to rule within its territory b) External ââ¬â or the freedom of the state to carry out its activities without subjection to or control by other states. Origin of state theories 1. Divine Right Theory â⬠â it holds that the state is of divine creation and the ruler is ordained by god to govern the people. 2. Necessity or Force Theory ââ¬â it maintains that state must have been created through force. . Paternalistic Policy ââ¬â it attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. 4. Social Contract Theory ââ¬â it asserts that the early states must have been formed by deliberate and voluntary compact among the people to form society and organize government for their common good. Forms of Government a) Monarchy ââ¬â or one in which the supreme and final authority is in the hands of a single person without regard to the source of this election or the nature or duration of his tenure.Monarchies are further classified into 1. Absolute monarchy ââ¬â or one in which the ruler rules by divine right 2. Limited Monarchy ââ¬â or one in which the ruler rules in accordance with a constitution. b) Aristocracy ââ¬â or one in which political power is exercised by a few privileged class which is known as an aristocracy or oligarchy. c) Democracy ââ¬â or one in which political power exercised by a majority of the people. Democratic governments is further classified into; 1. Direct or pure democracy ââ¬â or one which the will of the state is ormulated or expressed directly and immediately through the people in a mass meeting. 2. Indirect Representative ââ¬â or republican democracy or one in which the will of the state is formulated. As to extent of powers exercised by the central or national government a) Unitary Government ââ¬â or one in which the control of national and local affairs is exercised b) Federal Government ââ¬â ââ¬â 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.Relationship between the executive and the legislative branches of the government a) Parl iamentary Government ââ¬â or one in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. b) Presidential Government ââ¬â or one in which the state makes the executive constitutionally independent of the legislature. Other forms of Government a) Civil Government ââ¬â one in which the affairs of the state are administrated and directed by the citizens or their representatives. ) Military Government ââ¬â established and administered by a belligerent in the territory c) Constitutional Government ââ¬â one in which the powers of those who rule are defined and limited in their exercised d) Despotic Government ââ¬â one in which the powers of those who rule are not defined and limited in their exercised by a constitution e) Elective Government ââ¬â one in which the state confers powers upon a person, or organization composed of persons chosen by qualified voters f) Hereditary Government ââ¬â the state confers the powers of government upon a person in a certain family g) Coordinate Government ââ¬â government according to their nature among separate departments or bodies. h) Consolidated Government ââ¬â the state confides all government powers to a single body i) De jure Government ââ¬â founded on existing constitutional laws of the state and has the general support of the people j) De facto Government ââ¬â existing constitutional law of the state and is maintained against the rightful authority of an established and lawful government. ) Revolutionary Government ââ¬â installed whether by force or otherwise, not in accordance with the procedure prescribed in an existing constitution. Source of Constitution authority 1. The Filipino People 2. A Sovereign People 3. Belief in God Article 1 ââ¬â National Territory The Terrestial, Fluvial and Aerial domains of the Philippines 1. The territorial sea ââ¬â it is that part of the sea extending 12 nautical miles (1 19 kms. ) from the low-water mark. 2. The sea bed ââ¬â this refers to the land that holds the sea, lying beyond the seashore, including mineral and natural resources. 3. The sub-oil ââ¬â this includes everything beneath the surface soil ââ¬â including mineral and natural resources. 4.Insular shelves ââ¬â they are the submerged portions of a continent or offshore island. 5. Other submarine areas ââ¬â they refer to all areas under the territorial sea. Three fold division of navigable waters 1. Inland or internal waters ââ¬â they are the parts of the sea within the land territory. 2. Territorial sea ââ¬â it is belt of water outside and parallel to the coastline or to the outer limits of the inland or internal waters. 3. High or open seas ââ¬â they are waters that lie seaward of the territorial sea. Article 2 ââ¬â Declaration of principles and state policies Republican government ââ¬â is a democratic government by representatives chosen by the peo ple at large Sovereignty ââ¬â implies the supreme authority to govern.
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