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Contemp 1.3
Contemp 1.3
1. What is a state?
- The state is the most universal and most powerful of all social institutions. The state is
a natural institution, highest form of human association. It is necessary because it comes
into existence out of the basic needs of life. A state is a type of human association which
is distinguished from other social groups by its purpose, the establishment of order and
security; its methods, laws and enforcement; its territory, authority or geographical
boundaries; and, finally, by its sovereignty. Most broadly, the state consists of the
individual's agreement on the means by which conflicts are resolved in the form of laws.
2. Enumerate the elements of state.
1. population
2. territory
3. government
4. sovereignty
(a) Legislature—which formulates the will of State i.e. performs law-making functions
(b) Executive— enforces and implements the laws i.e. performs the law-application functions
(c) Judiciary—which applies the laws to specific cases and settles the disputes i.e. performs
adjudication functions.
2. sovereignty -
“supreme” and final legal authority above and beyond which no legal power exists.
As the supreme power of the State, Sovereignty has two dimensions:
-It means complete independence of the State from external control. It also means the
full freedom of the State to participate in the activities of the community of nations. Each state
has the sovereign power to formulate and act on the basis of its independent foreign policy.
We can define external sovereignty of the State as its sovereign equality with every other state.
State voluntarily accepts rules of international law. These cannot be forced upon the State.