The Concept Of State

A state is an organized community living under a unified political system, the government.[1] States may be sovereign.
The denomination state is also employed to federated states that are members of a federal union, which is
the sovereign state.[1] Some states are subject to external sovereignty or hegemony where ultimate sovereignty lies in
another state.[2] The state can also be used to refer to the secular branches of government within a state, often as a
manner of contrasting them with churches and civilian institutions (civil society).
The most commonly used definition is Max Weber's,[6][7][8][9][10] which describes the state as a compulsory political
organization with a centralized government that maintains a monopoly within a certain territory.
A state is a community of persons more or less numerous, permanently occupying a definite portion of territory,
having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from
external control.
Elements of a State

Population - The mass of the population living within the state.

o Answers the question, who
governs whom?
o no specific number
requirement.

Territory - Demarcated area that rightly belongs to the population

o Answers the question, where?
o terrestrial, fluvial, maritime and aerial
o should be permanent and large enough to be self-sufficing

ARTICLE I
NATIONAL TERRITORY

The national territory comprises 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 and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between,
Government
- Refers to the agency to which the will of the state is formulated, expressed, and carried out.
and connecting the islands of the archipelago, regardless of their breadth and dimensions, form
Sovereignty - May be defined as the supreme power of the state to command and enforce obedience to its will
part of the internal waters of the Philippines.

from the people within its jurisdiction and corollary to have freedom from foreign control.
o Internal power of the state to rule within its territory
o External the freedom of the state to carry out its activities without subjection to or control by other
states.

Concept of Constitution
The constitution refers to that body of rules and principles in accordance with which the powers of sovereignty are
regularly exercised
CONCEPT OF CONSTITUTION

The constitution refers to that body of rules and principles in accordance with which the powers of
sovereignty are regularly exercised

Nature and Purpose or Function of the Constitution

Serves as the supreme fundamental law
Establishes basic framework and underlying principles of government
Kinds of Constitution
Origin and History:
a. conventional of enacted
b. cumulative or evolved
Form:
a. written
b. unwritten
Manner of amending:
a. rigid or inelastic
b. flexible or elastic

Advantage and disadvantage of a written constitution:

Clearness and definiteness; stable

Difficult to amend
Requisites
Form:
-brief
-broad
-definite
Contents:
-constitution of government
-constitution of liberty
-constitution of sovereignty

Constitution vs. Statute

Constitution
-direct legislation from people
- General framework of law and government
-intended to meet existing and future conditions
-supreme fundamental law
Statute
-legislation from the peoples representative
-provides details of subject it treats
- Intended primarily to meet existing conditions
- Statutes must conform to the constitution
Who has the power to interpret the constitution?
Primarily rests on the court ( Supreme Court for constitutional questions )

But the following can also interpret:

- Individuals ONLY insofar as guiding his own actions and dealings with others
- the executive and legislative for instances when responsibilities to interpret has been charged upon them
Why interpret the constitution?

To ascertain and give effect to the INTENT of the framers and of the people who adopted or approved it or its
amendments

Constitutions of the Philippines

The 1935 constitution
The 1973 constitution
The 1987 constitution (this is what is enforced/effective right now!)