Saturday, May 25, 2019
Boy Bawang
Concepts of State and G overnment State is a community of mortals more or less numerous permanently occupying a definite portion of territory and a disposal. Elements of State 1. People this refers to the mass of population living within the convey. 2. Territory it includes not only the land over which the jurisdiction of the plead extends but also the rivers and lakes therein. 116 squ be miles or 300,440 square kilometers 3. Government it refers to the agency through which the will of the state is formulated expressed and carried out. 4.Sovereignty the confines may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction. a) Internal or the power of the state to rule within its territory b) External or the freedom of the state to carry out its activities without subjection to or control by other states. Origin of state theories 1. Divine Right Theory it holds that the state is of divine creation and th e ruler is ordained by god to govern the people. 2. unavoidableness or Force Theory it maintains that state must have been created through force. . Paternalistic Policy it attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. 4. Social Contract Theory it asserts that the early states must have been formed by deliberate and voluntary compact among the people to form society and elevate government for their common good. Forms of Government a) Monarchy or unrivaled in which the supreme and final authority is in the hands of a single person without determine to the source of this election or the nature or duration of his tenure.Monarchies are further classified into 1. Absolute monarchy or unrivaled in which the ruler rules by divine right 2. Limited Monarchy or one in which the ruler rules in accordance with a constitution. b) Aristocracy or one in which governmental power is exercised by a few privileg ed class which is known as an aristocracy or oligarchy. c) Democracy or one in which semipolitical power exercised by a majority of the people. Democratic governments is further classified into 1. Direct or pure democracy or one which the will of the state is ormulated or expressed directly and immediately through the people in a mass meeting. 2. Indirect Representative or republican democracy or one in which the will of the state is formulated. As to extent of powers exercised by the central or national government a) Unitary Government or one in which the control of national and local affairs is exercised b) Federal Government or one in which the powers of government are divided between both sets of organs, one for national affairs and the other for local affairs.Relationship between the executive and the legislative branches of the government a) Parliamentary Government or one in which the state confers upon the legislature the power to terminate the tenure of office of t he real executive. b) Presidential Government or one in which the state makes the executive constitutionally mugwump of the legislature. different forms of Government a) Civil Government one in which the affairs of the state are administrated and directed by the citizens or their representatives. ) Military Government constituted and administered by a belligerent in the territory c) Constitutional Government one in which the powers of those who rule are defined and limited in their exercised d) overbearing Government one in which the powers of those who rule are not defined and limited in their exercised by a constitution e) Elective Government one in which the state confers powers upon a person, or organization composed of persons chosen by qualified voters f) Hereditary Government the state confers the powers of government upon a person in a certain family g) Coordinate Government government according to their nature among separate departments or bodies. h) Consolidated Government the state confides all government powers to a single body i) De jure Government founded on existing constitutional legalitys of the state and has the general support of the people j) De facto Government existing constitutional law of the state and is maintained against the rightful authority of an established and lawful government. ) Revolutionary Government installed whether by force or otherwise, not in accordance with the cognitive process prescribed in an existing constitution. Source of Constitution authority 1. The Filipino People 2. A Sovereign People 3. Belief in God oblige 1 National Territory The Terrestial, Fluvial and Aerial domains of the Philippines 1. The territorial sea it is that part of the sea extending 12 nautical miles (119 kms. ) from the low-water mark. 2. The sea bed this refers to the land that holds the sea, duplicity beyond the seashore, including mineral and natural resources. 3. The sub-oil this includes everything beneath the sur face soil including mineral and natural resources. 4.Insular shelves they are the submerged portions of a continent or offshore island. 5. Other submarine areas they refer to all areas under the territorial sea. Three fold division of navigable waters 1. Inland or intimate waters they are the parts of the sea within the land territory. 2. Territorial sea it is belt of water outside and parallel to the coastline or to the outer limits of the inland or internal waters. 3. High or open seas they are waters that lie seaward of the territorial sea. Article 2 Declaration of principles and state policies Republican government is a democratic government by representatives chosen by the people at large Sovereignty implies the supreme authority to govern.
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