STATE FORMATION

Contents

1.  Concept

2.  Form of Government

3.  Form of state’s structure

4.  Political Regime

 I. Concept

State formation is how to create,

organize and carry out the power of a
country. State formation consists of
three elements: Form of Government,
Structure of the state and Political
regime.
- Mode of power organized

+ Origin of power

+ Mode of supreme power organized (central,

form of government); mode of local power
organized (structure).
- Method to carry out the power (political
regime): Democratic or antidemocratic.
 II. FORM OF GOVERNMENT

Form of Government is how to create

and order agencies of state supreme
power of a country. There are two types:
the form of monarchy and a republic.
Characteristics:

- Agency that control the power.

- How the supreme power formed.

- Relationship between agencies.

1) Firstly, Central power

- Divided into three rights: Legilsative, executive

and Judicial.

- Method to establish: election, appointment and

hereditament.
2) Secondly, the relationship between agencies:
Hierarchy or equality.
 1. Monarchical Regime/Monarchy

This is the formation of a state in which all

powers belong to one person or a group of
persons.
 Monarchy – a government in which the
supreme power is lodged in the hands of a
person engaged in reigning who reigns over a
state or territory, usually for life.
Characteristics:

- A part of or all the state’s powers belong to the

Head of State.

- The supreme power is established by

hereditament.

- Controlling time of the supreme power cannot

defined in terms of time.
There can be different types. An Absolute
Monarchy is ungoverned by any laws, and
can technically do whatever he or she wants,
though in practice will still be influenced by
other groups under him. A constitutional
Monarchy acts as monarch within the
guidelines of a constitution. Qatar and Saudi
Arabia are two examples of absolute
monarchies, Japan and the United Kingdom
are examples of constitutional monarchies.
 1.1 Absolute Monarchy

All the Supreme powers of the State focuses on

the King. King has the highest power. (Kingdom
of Saudi-Arabia, State of Brunei, State of Qatar,
State of Kuwait, Kingdom Islamic of Oman).

Monarchy – a government in which the supreme

power is lodged in the hands of a person
engaged in reigning who reigns over a state or
territory, usually for life.
 In addition
Authoritarian Monarchy
Monarchs were described as «authoritarian»
because they had forced the nobility and
the people to accept their authority.
 1.2 Constitutional Monarchy

The Supreme State power is divided into two

sides: one side is still king on the other, a
group of people elected by the people known
as the National Assembly or Parliament.
 Dualistic Monarchy

The Head of state is limited in legislative

power but hold executive power.

(not popular today, just some countries such

as Kuwait, Nepal, Monaco, Maroc, Butan,
Barain, Quatar, Jordani and Tonga).
 Parliamentary Monarchy

A constitutional Monarchy acts as monarch

within the guidelines of a constitution.

The king in this mode is just a symbol of the

nation. All people, including the king, must
follow what constitution provided.
- Parliament holds legislative power.
-  Government is established by the
parliament and responsible to the
Parliament.
 2. Republic System

Republic system is the form of government in

which the powers of sovereignty are vested in the
people and are exercised by the people, either
directly, or through representatives chosen by the
people, to whom those powers are specially
delegated.
The word republic, derived from the Latin res
publica, or "public thing," refers to a form of
government where the citizens conduct their
affairs for their own benefit rather than for the
benefit of a ruler.
Characteristics

- Supreme power is hold by a state organ or a

number of state organs.

- Power is established by election.

- Supreme power is hold in term.

 2.1 Republican aristocracy

An aristocratic republic is a form of

representative government in which the nobility
(aristocracy) lead. The right to vote is privilege
of nobility (they aren't necessarily be the most
skilled or intelligent people but they are born into
a position of wealth and status and derived their
power from that).
 2.2 Presidential System

A presidential system is a form of government

where a head of government is also head of state
and leads an executive branch that is separate
from the legislative branch.
- House of Representatives and Senate

The House plays a major role in government,

mainly that of initiating all revenue-based
legislation. Any proposal that uses tax dollars
must come from the House, with Senate review
and approval. The Senate, on the other hand, has
sole power of approval on foreign treaties and
cabinet and judicial nominations, including
appointments to the Supreme Court.
- President

President does not propose legislation. But the

president veto the legislation of the legislative
branch, and then turn to the legislature, by a
majority vote, may be used to disable the
president's veto.

- President has given term.

l The executive branch is held by one person.
The members of the cabinet serves at the
discretion of the President and to implement
the policies of the executive and legislative
branches.
l The executive is elected and often titled
"president" and is not responsible to the
legislature and cannot, in normal circumstances,
dismiss it.
l The legislature may have the right, in extreme
cases, to dismiss the executive, often through
impeachment. However, such dismissals are
seen as so rare as not to contradict a central
tenet of presidentialism, that in normal
circumstances using normal means the
legislature cannot dismiss the executive.
l  I n c a s e s o f i m p e a c h m e n t ( e . g . ,
Andrew Johnson in 1868 and
Bill Clinton in 1998), the House determines if
charges can be brought against the official, and
a simple majority vote approves or rejects the
filing of charges (the impeachment process). If
approved, the Senate then serves as the
investigative/judicial body to determine if the
charges merit removing the accused official from
his or her office. However, the vote in the Senate
has to represent "a significant majority," usually
taken to mean 67 of the 100 votes.
 Form of Government
United states of America

Presidency of the United States of America, chief

executive office of the United States. In contrast
to many countries with parliamentary forms of
government, where the office of president, or
head of state, is mainly ceremonial, in the United
States the president is vested with great authority
and is arguably the most powerful elected official
in the world. The nation’s founders originally
intended the presidency to be a narrowly
restricted institution.
 2.3 Republic Parliament

A parliamentary republic is a form of

government that operates under a parliamentary
system of government where the executive
branch (the government) derives its legitimacy
from and is accountable to the legislature (the
parliament).
- The parliamentary republic is characterized by a
principle of leadership of parliament and the
government bears political responsibility for the
activity.
- The government is formed only parliamentary
by from among party leaders

- The head of the state in parliamentary republic,

as a rule, is selected by parliament. The president
is formally allocated with considerable powers,
but in practice does not render almost any
influence on government.
 2.4 Semi-presidential System
A semi-presidential system is republican system
of governance that combines elements of
presidential democracy with parliamentary
democracy. Typically, the head of state is the
president, directly elected by the people with a
large degree of power over the government,
whilst the head of government is the prime
minister nominated by the president but who can
be dismissed by the legislature.
 Typically, an agreement is reached over
which of the two heads (state and
government) will have the lead in policy
areas. For example, in France, a well known
example of semi presidential democracy, the
president leads foreign policy and the prime
minister leads domestic policy.
Symbol of the Republic, Paris
Characteristics:

- A president who is popularly elected; The

president has considerable constitutional
authority; There exists also a prime minister
and cabinet, subject to the confidence of the
assembly majority.
- A dual executive: in that the elected president
is not merely a head of state who lacks
political authority, but also is not clearly the
'chief' executive, because of the existence of a
prime minister who may not be strictly a
subordinate of the president.
Parliamentary Presidential
Executive authority, The executive is headed
consisting of a prime by a popularly elected
minister and cabinet, president who serves as
arises out of the the 'chief executive'; The
legislative assembly; terms of the chief
executive and the
The executive is at all
legislative assembly are
times subject to fixed, and not subject to
potential dismissal via a mutual confidence; The
vote of 'no confidence' president names and
by a majority of the directs the cabinet and
legislative assembly. has some constitutionally
granted lawmaking
authority.
 III. Structural Form of Government

the state is divided into administrative units.

They may be an unitary or federal state.
 1. Unitary State

A unitary state is a state governed as one single

power in which the central government is
ultimately supreme and any administrative
divisions (sub-national units) exercise only
powers that their central government chooses to
delegate. The majority of states in the world have
a unitary system of government.
Characteristics

- Unitary sovereignty

- One nationality

- One unitary state’s organ system

- One legal system

l In a unitary state, sub-national units are created
and abolished, and their powers may be
broadened and narrowed, by the central
government. Although political power in unitary
states may be delegated through devolution to
local government by statute, the central
government remains supreme; it may abrogate
the acts of devolved governments or curtail their
powers.
Classification:

-  Simple unitary state: No any autonomous

regions.

-  Complex unitary state: Autonomous regions.

l The United Kingdom is an example of a
unitary state. Scotland, Wales, and Northern
Ireland have a degree of autonomous
devolved power, but such devolved power is
delegated by the Parliament of the United
Kingdom which may enact laws unilaterally
altering or abolishing devolution.
 2. Federal State

A federal state is one that brings together a

number of different political communities with a
common government for common purposes, and
separate “state” or “provincial” or “cantonal”
governments for the particular purposes of each
community. The United States of America,
Canada, Australia and Switzerland are all federal
states. Federalism combines unity with diversity
In federal states, states or other sub-national
units share sovereignty with the central
government, and the states constituting the
federation have an existence and power
functions that cannot be unilaterally changed
by the central government. In some cases, it is
the federal government that has only those
powers expressly delegated to it.
Characteristics

- Dual sovereignty

- Dual nationality

- More than one unitary state’s organ system

- More than one legal system

The United States is an example of a federal
state. Under the U.S Constitution, power is
shared between the Federal government of the
United States and the U.S Sates, with the tenth
amendment explicitly denoted as "The powers
not delegated to the United States by the
Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the
people."
 V. POLITICAL REGIME

-  Democratic

-  Antidemocratic