Session 3

Styles, Forms and Functions of States

 Session Objectives
• Define styles, forms and functions of
states
• Differentiate different styles, forms and
functions of states
 Exercise
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style

Styles Feudal
of style
states Capitalist
style
Socialist
style
Ruling Monarchy
forms Republic
Unitary
Struct states
ural
Federatio
forms
n

How to know? → State Titles and/or Constitution

 Styles of States
• What?
– Denoting groups of states with the same
class-conscious face
• How many?
–4
• Slave-possession style of states
• Feudal style of states
• Capitalist style of states
• Socialist style of states
• E.g.
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN? ✓ ✓ ✓ ✓
2. WHO?
Upper class

3. STATE
X Slave owners Land-owners Bougeoisie Proletariat

Slave owners Land-owners Bougeoisie Proletariat

X
ESSENCE oppress oppress oppress oppress
Class-
conscious face Slaves Peasants Proletariat Bougeoisie
Style 1

Style 2

Style 3

Style 4
5
 Forms of States
• What?
– Forms in which state powers are
allocated/designated
• Types
– Ruling form
– Structural form
 Ruling Form v Structural Form
State Forms
Criteria
Ruling form Structural form
≡ Forms of states → Forms in which state powers are allocated
≠
What? Form in which state powers Form in which state powers
are allocated/divided among are allocated/divided among
various state various state territories
bodies/individuals

Types - Monarchy - Unitary

- Republic - Federation
 Monarchies v Republics
Ruling Forms
Monarchy Republic
Criteria
E.g.
Similarities

Dissimilarities
What?

Head of State

How to elect
Head of State?
How to allocate
powers?
How much power
the Head of State
has?
Variants
 Federations v Unitary States
State Structures Federal States Unitary States
Criteria
E.g.
Similarities
Dissimilarities
What?

No. of states
No. of levels of
governments

No. of legal systems

No. of nationalities of
citizens
 Forms of Australia
Australia

Ruling form Structural form

Constitutional Federation
Monarchy

Division of law – making power

AUSTRALIAN CONSTITUTION
AUSTRALIAN PARLIAMENTARY SYSTEM
(Cont.)
FEDERAL Legislature
??? ???
SYSTEM (Common Wealth Parl.)

??? ??? ???

STATE
Legislature
SYSTEM (State Parl.)
??? ???

??? ??? ???

 Structural Form of Australia
• Federal level
Federal
Gov.

Legislative
Body/ Cth ??? ???
Parl.

??? ??? ???

 Structural Form of Australia
• State/Territory level
State Gov.

Legislative
Body/ State ??? ???
Parl.

??? ??? ???

 DIVISION OF LAW-MAKING POWER IN AUSTRALIA

Cth Parl. legislative powers State Parl. legislative powers

Exclusive Concurrent Residual

Defence -Marriage, divorce Criminal law

Currency -Bankruptcy Partnership
Trade -Trade, taxes Trusts
Postal services -Environment Franchises
etc. -Consumer protection Estate
-Banking Probate
-Insurance Education
s 51(iii), (iv), (vi), (vii), (s 51) Transportation
(xxiv), (xxv), (xxx), (xxxi), Local government
(xxxiii), (xxxvi), (xxxviii)
s 52, 77, 90, 114, 115,
121, 122
Example 2: The State of the US
 2. Federal law v State Law
State Structures
Criteria
Federal Law State law
E.g.

What?

Who makes?
How to make?

Scope of application

In case of conflict,
which prevails?
 Cases
Put your answer in the IRAC models!
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
The federal law said that “there is no maximum
liability for moving house companies”
– Which law prevails?
– How much did the company have to pay B?
 II/ Styles, Forms, Functions of
States and Law
1. Styles, Forms, Functions of States
Styles: 4
Ruling form Monarchy Absolute monarchy
Constitutional Dualistic
Forms monarchy
Parliamentarism
Republic Aristocrat republic

Democratic republic Presidential

Parliamentary
Structural form Federal state
People
Unitary democratic
Domestic
Functions
External
18
 Homework
Determine the Styles, Forms and Functions of
States in South East Asia? Asia? European
Union? The America? The Oceania?
Source of reference: Constitutions