Lesson 2

Concept of State and

Government
Origin of State

It holds that the State is of Divine creation and the ruler is

1. Divine right theory
ordained by God to govern the people. Reference has been
made by the advocates of this theory to the laws which Moises
received at Mt. Sinai

2. Necessity / force It maintains that states must have been created

theory through force, by some great warriors who imposed
their will upon the weak.
 Origin of State

It attributes the origin of the states to the enlargement of the

family which remained under the authority of the mother and
3. Paternalistic father. By natural ages, the family will grew into a clan, then
developed into tribe which broadened into a nation, and the
nation become a state.

It asserts that the early state must have been formed by

4. Social Contract deliberate and voluntary compact among the people to
theory form a society and organize government of their common
good.
What is State?

State is community of persons more or less numerous,

permanently occupying a definite portion of territory,
having a government of their own to which the great
body of inhabitants render obedience, and enjoying
freedom from external control.
Elements of State

This refers to the mass population living within the State. Without
1. People people there can be no functionaries to govern and no subject to be
governed. There is no requirements as to the number of people that
should compose a state.

It includes not only the land over which the jurisdiction of the
state extends, but also the lakes, rivers and therein, a certain area
2. Territory of the sea which shuts upon its coasts and air space above it.
Thus , the domain of the state are may be described as terrestrial,
fluvial, maritime, and aerial.
 Elements of State
It refers to the agency through which the will of the state is
3. Government formulated, expressed and carried out.

The term may be defined as the supreme power of the State to

4. Sovereignty command and enforce obedience to its will from people within
its jurisdiction and corollarily, to have freedom from foreign
control
Two manifestations of Sovereignty

 Internal – or the power of the State to rule within its territory

 External – or the freedom of the state to carry out its activities without subjection to or control
by other State. External sovereignty is open referred to as Independence
 State distinguished from Nation

1. The State is a political concept, while Nation is an ethnic concept.

2. A state is not subject to external control while a nation may or may not be
independent of external control

3. A single state may consist one or more nations or peoples and conversely a
single nation may be made up of several states.
 State distinguished from Government

The Government is only the agency through which the will of the State
express its will.

A State cannot exist without a Government but it is possible to have a

Government without a State.
Form of Government
The principal forms are the following:

1) As to of the persons exercising powers.

a) Monarchy- one which the supreme and final authority is in the hands of a single person.
 Absolute monarchy or one in which the ruler rules by divine right;

 limited monarchy or one in which the ruler rules in accordance with constitution.

b) Aristocracy or one which political power exercised by the few privilege class.

c) Democracy in which political power is exercised by a majority of the people.

 Direct or Pure Democracy

 Indirect, Representative, or Republican Democracy

Form of Government

2) As to extent of powers exercised central and national government

a) Unitary one in which the control of national and local affairs by the central government;

b) Federal or one in which the powers of the government are divided between two organs, one for national
affairs and other for local affairs, each organ are supreme of their own sphere.

3) As to relationship between executive and the legislative branches of the government

a) Parliamentary one in which the state confers upon the legislature the power to terminate the tenure of office
of the real executive.
b) Presidential Government one in which the state makes the executive constitutionally independent of the
legislature as regards his tenure and to large extent as regards his policies and acts furnishes him with sufficient
powers to prevent the legislature from trenching upon the sphere marked out by the constitution as executive
independence and prerogative.
THANK YOU!!!!