CONCEPT OF STATE

AND GOVERNMENT

According to James Garner,

the STATE is a community
of persons more or less
numerous occupying a
definite portion of
territory completely free
of external control and
possessing an organized
government to which a
great body of inhabitants
render habitual
obedience.

STATE VS. NATION

FOUR ESSENTIAL
ELEMENTS
OF
STATE
:
1.People
2.Territory
3.Sovereig

nty
4.Governm

ent

People refer to the inhabitants

of the state. There is no strict

requirement on their number, but
they must be of sufficient number
to be self-sufficing.

Territory is a fixed
portion on the surface
of the earth inhabited

Sovereignty is the supreme

and uncontrollable power

1.Legal-2is KINDS
the authority
which
has the power to
OF
SOVEREIGNTY
issue final commands;

2.
2.

2. Political is the power behind the legal

sovereign, or the sum total of the influences that
operate it.

Government is the

instrument that provides

mechanisms in
determining, formulating,
and implementing the
policies of the state. It is
the essential instrument
or machinery of the state
that carries out its will,
purposes and objectives.

TWO FUNCTIONS OF
GOVERNMENT
1.CONSTITUENT

Compulsory function

2.MINISTRANT-

Discretionary function

ADMINISTRATION
Refers to the
group of
persons in
whose hands
the reins of the
government
are held for
the time being.

FORMS OF GOVERNMENT
A. According

to
the number of
People who
rule
1. MONARCHY
2. OLIGARCHY
3. DEMOCRACY

FORMS OF
GOVERNMENT

B. According
to the
relationshi
p between
the
National &
Local
1. FEDERAL
2. UNITARY

FORMS OF GOVERNMENT

1. CIVIL
2. MILITARY

C. According to the
status of those who
hold the rein of
Government

FORMS OF
GOVERNMENT
D. According to
the Relationship
between the
Executive &
Legislature
1.
PARLIAMENTARY
2.
PRESIDENTIAL

FORMS OF GOVERNMENT
E. OTHER FORMS
1. DESPOTIC
2. TOTALITARIAN
3. REPUBLICAN
4.
CONSTITUTIONAL
5. DE JURE
6. DE FACTO
7. REVOLUTIONARY

LAW-MAKING,
LAW-MAKING,
FORMULATION
FORMULATION OF
OF
POLICIES
POLICIES
MEMBERS
MEMBERS OF
OF THE
THE
HOUSE
HOUSE OF
OF
REPRESENTATIVES,
REPRESENTATIVES,
SENATORS,
SENATORS, BOARD
BOARD
MEMBERS,
MEMBERS,
COUNCILORS
COUNCILORS

EXECUTE,
EXECUTE,
IMPLEMENT,
IMPLEMENT,
ENFORCE
ENFORCE
PRESIDENT,
PRESIDENT,
GOVERNOR,
GOVERNOR,
MAYOR,
MAYOR, PUNONG
PUNONG
BARANGAY,
BARANGAY, SK
SK
CHAIRMAN
CHAIRMAN

INTERPRET
INTERPRET LAWS,
LAWS,
JUSTICE
JUSTICE
INTERPRET
INTERPRET LAWS,
LAWS,
JUSTICE
JUSTICE

JUSTICES,
JUSTICES, JUDGES
JUDGES

PRINCIPLES GOVERNING THE OPERATIONS

PRINCIPLES GOVERNING THE OPERATIONS
OF GOVERNMENTAL POWERS
OF GOVERNMENTAL POWERS
(3 BRANCHES)
(3 BRANCHES)

1.SEPARATION OF POWERS
2. SYSTEM OF CHECK AND BALANCE
3.BLENDING OF POWERS

POLICE POWER is
the power of
promoting the
general welfare
by restraining and
regulating the use
of liberty and
property. Basis is
the latin maxim
salus populi est
suprema lex (the
general welfare is
the supreme law)

EMINENT
DOMAIN
enables the
State to
acquire
private
property upon
payment of
just
compensation
for some
intended
public use.

TAXATION
TAXATION it
it means
means the
the
State
State is
is able
able to
to
demand
demand from
from the
the
members
members of
of society
society
their
their proportionate
proportionate
share
share or
or contribution
contribution
in
in the
the maintenance
maintenance
of
of the
the government.
government.

INHERENT IN THE STAT

SIMILARITIES OF THE 3
FUNDAMENTAL POWERS

NOT ONLY NECESSARY BUT

INDISPENSABLE

METHODS TO INTERFERE
PRIVATE RIGHTS

PRESUPPOSES AN EQUIVALENT
COMPENSATION

EXERCISED BY LEGISLATURE