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Quentin Skinner
He define state as "a locus of power distinct from either the ruler or the body of the body of the people."
St. Thomas Aquinas
said that state is a "set order of the rulers"
Martin Luther
said that, the state—and how the ruler, without direct intervention from the Church, should govern it with respect to his nobles and, above, all the common good of the people of his realm
Aquinas
He establishes early on that the state is a natural institution
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
Nation
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
State distinguished from a Nation
a state is a political concept while a nation is an ethnic concept.
A state may consist of one or more nation
State distinguished from Government
government is only the instrument through which the will of the state is expressed
can exist without the state while the state cannot exist without a government.
government may change, its form may change,
state, as long as its essential elements are present, remains the same.
Police Power
Power of Eminent Domain
Power of Taxation
Enumerate the Inherent Powers of the State
Police Power
the power of promoting the public welfare by restraining and regulating the use of liberty and property (Freund). 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.
Power of Eminent Domain
government’s coercive authority, upon just compensation, to forcibly acquire a property to devote it to public use
Power of Taxation
It is the power to raise revenue
People, Territory, Government, Sovereignty
Enumerate Elements of the State
People
refer to the inhabitants of the State. It must be composed of both sexes to allow continuity through reproduction. It must be adequate in number for self-sufficiency and defense
Citizenship
It refers to the membership in a political community which is permanent and more or less permanent in character
Nationality
is membership in any class or form of political community.
does not necessarily include the right or privilege of exercising civil or political rights.
By birth, By naturalization, By marriage
Enumerate Modes of acquiring citizenship
Jus sanguinis
(right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The Philippines adheres to this principle.
Jus soli
(right of soil) which is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state)
Naturalization
signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen.
administrative naturalization
judicial naturalization
legislative naturalization
three ways by which an alien may become a citizen by naturalization
Citizens of the Philippines (Sec. 1, Art. IV)
Those who are citizens of the Philippines at the time of the adoption of this Constitution
Those whose fathers or mothers are citizens of the Philippines
Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and
Those who are naturalized in the accordance with law.
Natural-born citizens
are those who are citizens from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with the Constitution shall be deemed natural-born citizens
Losing citizenship
By naturalization in a foreign country
By express renunciation of citizenship
By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more
By accepting commission in the military, naval or air service of a foreign country
By cancellation of the certificate of naturalization
By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted
In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her husband’s country, she acquires his nationality.
by naturalization
by repatriation
by direct act of congress
enumerate the three modes by which Philippine citizenship may be reacquired by a former citizen
acquisition, reacquisition
Naturalization is a mode for both________ and ________ of Philippine citizenship
Commonwealth Act No. 473
As a mode of initially acquiring Philippine citizenship, naturalization is governed by
Commonwealth Act No. 63
naturalization as a mode for reacquiring Philippine citizenship is governed by
Repatriation
simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided.
not a matter of right, but it is a privilege granted by the State
recovery of the original nationality.
Repatriation results in the
Dual citizenship
as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states.
Dual allegiance
refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states.
Territory
It is the portion of the earth’s surfaced permanently inhabited by the people. It is composed of terrestrial, fluvial, maritime and aerial domains.
defined as the fixed portion on the surface of the earth on which the State settles and over which it has supreme authority.
terrestrial, fluvial, maritime, aerial domains
components of the territory of the state are the
territorial domain
refers to the land mass, which may be integrate or dismembered, or partly bound by water or consist of one whole island.
The Law of the Sea Convention
defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources
Internal waters
covers all water and waterways on the landward side of the baseline.
The coastal state is free to set laws, regulate use, and use any resource.
Foreign vessels have no right of passage within internal waters
Territorial waters
out to 12 nautical miles from the baseline
the coastal state is free to set laws, regulate use, and use any resource.
innocent passage
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.
transit passage
naval vessels are allowed to maintain postures that would be illegal in territorial waters.
Archipelagic waters
defines how the state can draw its territorial borders.
baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another
All waters inside this baseline will be
included as part of the state's internal waters.
Contiguous zone
beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit
which a state could continue to enforce laws regarding activities such as smuggling or illegal immigration
Exclusive economic zones (EEZs)
extend 200 nautical miles from the baseline.
Within this area, the coastal nation has sole exploitation rights over all natural resources
Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states.
Foreign states may also lay submarine pipes and cables
Continental shelf
is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater.
Coastal states have the right to harvest mineral and non-living material in the subsoil of it, to the exclusion of others
Archipelago doctrine
The Philippine position of on the definition of its internal waters is commonly known as the
Aerial Domains
refers to the air space above the land and waters of the State
discovery and occupation, prescription, cession, accretion, subjugation and annexation
Enumerate Modes of Acquiring Territory
Discovery and Occupation
a state may acquire territory through this mode by discovering continent, island, or land with no inhabitants or occupied by uncivilized inhabitants, and thereafter, occupying it under its political administration.
Discovery without subsequent occupation is not sufficient to acquire territory
Prescription
it is a mode of acquiring territory through continuous and undisputed exercise of sovereignty over it during such a period as is necessary to create under the influence of historical development the general conviction that the present condition of things is in conformity with international order.
Cession
it is the assignment, transfer, or yielding up of territory by one state or government to another
Accretion
it is a mode of acquiring territory by addition of portions of soil, either artificial
Subjugation and Annexation
mode of acquiring territory belonging to a state by
Government
is the agency or instrumentality through which the will of the State is formulated, expressed and realized
Government of the Philippines
The corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which the political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government
form of government
refers to the set of political institutions by which a government of a state is organized
gubernare
The word government is derived from the Latin infinitive ________ meaning "to govern" or "to manage".
parliamentary systems
In ______________, the word "government" is used to refer to what in presidential systems would be the executive branch
prime minister
In parliamentary systems, the government is composed of the
________________ and the cabinet.
number of persons exercising sovereign power
extent of powers exercised by the central or national government
relationship between the executive and the legislative branches of the government
Enumerate the Forms of government
Monarchy, Aristocracy, Oligarchy, Democracy
Enumerate the number of persons exercising sovereign powers
Monarchy
supreme and final power is in the hands of a single person
absolute monarchy
limited monarchy
Monarchy is further classified as
absolute monarchy
the ruler rules by divine right
limited monarchy
the ruler rules in accordance with a constitution.
Aristocracy
political power is exercised by a few privileged classes. It is sometimes called government by the best, due to the fact that access to the ruling aristocratic class based not only on birth and wealth, but also upon physical, intellectual and moral qualities.
Oligarchy
a government whereby authority is vested upon few individuals or families.
Democracy
political power is exercised by a majority of the people
direct
indirect
Democracy further classified as
Centralized/Unitary, Federal government
Enumerate extent of powers exercised by the central or national government
Centralized/Unitary
a form of government where the control over national and local affairs is exercised by the central or national government
Federal government
is where the powers of the government are divided fundamentally between two organizations, each having its own definite sphere of authority, and neither having the power to interfere with or destroy the other.
Parliamentary government, Presidential government
Enumerate
relationship between the executive and the legislative branches of the government
Parliamentary government
is distinguished by the head of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. there is no clear cut separation of powers between the legislative and executive branches of government. usually have a clear differentiation between the head of government and the head of state.
Presidential government
The entire executive power is vested in the President and all government action is his responsibility. provides for a Chief Executive who is elected for a definite term of office, 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. His formal powers are defined in a documentary constitution. Because he is both Chief of State and political leader of the government, his prestige and authority are doubly enhanced.
Totalitarian government, Authoritarian government, De Jure Government, De Facto Government
Enumerate Other forms of governments
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. In reality the people have no rights under this government; they exist for the use of the state not vice versa.
Authoritarian government
is less harsh, by comparison, in governing its people than a totalitarian one. 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.
De Jure government
is one that has the legal recognition of the family of nations, but it may exist alongside a rival government which is de facto.
De Facto government
has set itself up in the state; it has its own set of officials, laws, etc. but it does not have international recognition although it may want that.
Sovereignty
is the supreme, absolute and uncontrollable power by which an independent state is governed. It is the paramount control of the constitution and the frame of government and its administration.
Internal Sovereignty
External Sovereignty
Enumerate two kinds of sovereignty
Internal 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. Under international law, internal sovereignty is not a factor in determining whether an entity is a state
External Sovereignty
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.
Recognition
It is an act which gives a state an international status.
Divine Right Theory, Paternalistic/Patriarchal Theory, Social Contract Theory, Necessity/ Force Theory, Instinctive Theory, Historical/ Evolution Theory, Economic Theory
Enumerate Theories of State Origin
Divine Right Theory
this asserts that a state is of divine origin, for all political authority emanates from God.
Paternalistic/Patriarchal Theory
a theory which accounts for the state as an extension of the family.
Social Contract Theory
was the dominant political creed of the 17th and 18th centuries, replacing the divine theory. This was done by a contract or compact among people whereby each one surrendered his natural liberty but gained in return the protection and civil rights guaranteed by the governments.
Jean Jacques Rousseau
Thomas Hobbes
John Locke
Contributors in Social Contract Theory
Necessity/ Force Theory
this theory provides that the state has arisen through sheer force: a man dominating a tribe through brute strength and cunning; a tribe conquering other tribes to form a kingdom; this kingdom smashing other kingdoms to transform itself into an empire; and empires and kingdoms clashing against one another for supremacy
Instinctive Theory
the proponents of this theory hold that political institutions are but the objective expressions of the instinct of men for association
Historical/ Evolution Theory
Burgess said that state is the product of history means that it is the gradual and continuous development of human society, out of a grossly imperfect beginning through crude but improving forms of manifestation, towards a perfect and universal organization of mankind.
Economic Theory
according to the advocates of this theory, the state was erected primarily to take care of man’s multifarious needs.