General Principles of Political Science

1. Part II
State as a Political System
A.M. SALVA

2. STATE
“ the community of persons permanently
occupying a definite portion of territory,
independent from external control, and
possessing an organized government to
which the great body of inhabitants
renders habitual obedience”.
It is a political unit that has ultimate
sovereignty ; and it has the political
responsibility for the conduct of its own
affairs.

3. Classification of States
UNITARY State. One that is not divided into
smaller units, each one being in itself
soveriegn (France).
COMPOSITE State. Composed of a
number of political units, each enjoying
some degree of internal sovereignty but
recognizing the central organization as the
seat of ultimate soverignty (USA).

4. Composite state
Confederation of State. When a state is joining
a number of states in an agreement to act in
common concerning certain specified matters,
with each state retaining its full sovereignty. The
decisions of the central authority apply to the
component state.
Federal State. The actual union of several states
which surrender full sovereignty to an insoluble
central government regarding matters of
common interest, maintaining only such powers
as are not granted to the federation.

5. States under International
Law
1. INDEPENDENT States. Those sovereign
political entities which are free to control,
manage and direct all their affairs
internally or externally without intervention
or interference from other states. They
posses individual juridical personality.
Types:
Simple state.
Composite state.

6. INDEPENDENT States
Simple state. One which has a single and
centralized government exercising power
or authority over all its internal and
external affairs (Japan and Philippines).
Composite State. One which consists of
two or more states, each of which
possesses a separate government of its
own but under a central government which
exercises control over the external affairs
of such component state (Federal Union).

7. States under International
Law
2. DEPENDENT States. Those which are
subject to the authority of one or more
state in the exercise and control of their
external politics.
Types:
Suzerainty state
Protectorate state.

8. DEPENDENT States
Suzerainty. A state which is allowed to a
certain extent to manage its foreign affairs
by the suzerain (protector) state.
Protectorate State. A state which through a
treaty agreement submits itself under the
political protection and intervention of a
strong state, and which also surrenders its
foreign policy direction to the protector
state.

9. States under International
Law
3. NEUTRALIZED State. One whose
independence and integrity are
guaranteed by a treaty on the condition
that it shall not take up arms against any
other state except for self defense, nor
enter into an international agreement by
means of which it would get indirectly
involved in war.

10. States under International
Law
4. NEUTRAL State. One which thorough
unilateral declaration of its own proclaims
not to take side with any belligerent during
war.

11. Neutrality is obtained only during war.
Neutralization is obtained during peace or
war times.
Neutrality is a status acquired under
international law by means of an impartial
stand towards belligerents in the war.
Neutralization is a status created by mens
of a treaty.
Neutrality is brought about by a unilateral
declaration by the neutral state, it does not
need to be recognized by other states.
Neutralization needs to be recognized by
other states.

12. Duties and Obligations of a
State
1. Right to Independence and Self-
preservation
2. Right to Diplomatic Legation
3. Right to Territorial Jurisdiction
4. Right to Property and Domain

13. Nation - State
STATE - As a political and legal concept,
it possess juridical personality being an
independent country or political
corporation pursuing national interest with
other political entities.
NATION – A cultural and ethnic concept;
a large group of people who are bound
together, and recognized a similarity
among themselves because of common
culture…language…

14. Theories of the Origin of
States
1. The Divine Right Theory
2. The Social Contract Doctrine
3. The Necessity and Force Theory
4. The Instinctive Theory
5. The Patriarchal Theory

15. The Divine Right
Theory
This attributes to the aid of Divine
creation in the formation of a state with a
ruler clothed and ordained by God. Early
Christian argued that God had imposed
upon man the state as a mechanism of
punishment for his transgressions, as
Adam and Eve fell to sins in the Garden of
Eden

16. The Social Contract
Doctrine
Postulates the belief that the
formation of state was a product of
voluntary and collective act of the people
to organize themselves into one coherent
state mechanism for their general welfare.
Locke: men retained most of their natural
rights under a government of their
choosing.
Rousseau: it was a result of the rational
will of men through which their actions
were controlled for the interests of all
individuals in the community.

17. The Necessity and Force
Theory
The formation of state was a result of
men’s desire for common protection by a
stronger, powerful, and influential ruler.
State came into being as a product of
conquest and coercion. It is regarded as
superior organization among all forms of
human associations and those who are
possesed of powers are considered as
rightful leaders.

18. The Instinctive Theory
That states stem from man’s
natural desire to live and stay together
under a system of government and
organization.
Aristotle: man, by nature a political
animal, intended to live in a polis.
The early Greeks: man is inseparable
from state…not only important for the
survival of human race but also as a
means in which man can attain the
‘good life’

19. The Patriarchal Theory
That states stem from the growth and
sustained existence of the family under a
father-like control and leadership. A leader
is always seen as a potential provider for the
needs of the people.
This is rather a socio-anthropological
perspective of formal association of men in
a community on which they regard leader as
the protector of their causes to champion
their welfare and well-being.

20. Elements of State
1. People – the rational inhabitants of a
state bind by law, living together for the
purpose of mobilizing a polity.
2. Territory – the geographical profile of a
state that covers the terrestrial, fluvial
(internal waters), aerial, and maritime
domain (external waters).

21. Elements of State
3. Government – the agency and the
machinery of the State through which the
will of the people is formulated expressed
and carried out; has the monopoly of
regulating the use of force. The acts of
government are likewise the acts of peace.
4. Sovereignty – the supreme power of the
State to exact obedience to its laws upon
citizens

22. Modes of acquiring and
losing a Territory
i)Discovery and Subjugation – it is
imperative that the claimant pursue effective
occupation and subjugation following such
discovery.
ii)Conquest – ‘the taking possession of
hostile territory through military force in
times of war and by which victorious
belligerents compels the enemy to surrender
sovereign of that territory.

23. Modes of acquiring and
losing a Territory
iii)Accretion – the natural or artificial, gradual
extinction or sudden increase or expansion of
the territory of the state. It is based on the legal
maxim accessio cedat principali (the accessory
follows the principal).
iv)Cession – a bilateral agreement whereby
one state transfers soveriegnty over a definite
portion of territory to another state
v)Prescription – lands may be acquired over
the period of time or it may be lost through lapse
of time

24. Principles of
Sovereignty
i)Auto-Limitation – that any State may by
its consent, express or implied, submit to
a restriction of its sovereign rights.
ii)Imperium – The State’s authority to
govern is embraced in the concept of
sovereignty that include passing laws
governing a territory, maintaining peace
and order over it, and defending it against
foreign invasion.

25. Principles of
Sovereignty
iii)Dominium – The capacity of the State
to own or acquire territory.

26. Manifestations of
Sovereignty
1. Territorial
2. Personal
3. Extraterritorial

27. Purpose and Functions of
State
ESSENTIAL Function.
a. The maintenance of armed forces for the
defense against foreign invasion;
b. The maintenance of police forces for the
suppression of lawless violence and
apprehension of criminals;
c. The maintenance of courts for the
prosecution and punishment of crimes and
settlement of legal disputes;

28. Purpose and Functions of
State
1. ESSENTIAL Function.
d. The maintenance of Foreign Service for
the conduct of international relations; and
e. The maintenance of tax collecting and
record keeping agencies for the execution of
other functions.

29. Purpose and Functions of
State
2. SERVICE Function.
It is the duty of the State to promote the
welfare of the people, and secures the
interest of everyone.
Among the necessary service functions
assumed by the State are: social welfare
and development services like health,
education, Medicare, housing, infrastructure,
recreational facilities and supra-structures.

30. Purpose and Functions of
State
3. BUSINESS Function.
The State may engage in business
endeavors not only for the purpose of providing
services to the people, but also to derive certain
profits, either because of insufficiency of
available private capital, or because it wants to
prevent some evils that usually result from
private control over certain enterprises (railroad,
telegraph, water, power, public transit, etc.)

31. Foundamental Powers of
the State
1. POLICE POWER.
The fundamental right of the state to enact
laws or regulation for promoting the common good of
the people in relation to the right and enjoyment of
persons, life and property. It is based on the dicta:
salus populi est suprema lex (the welfare of the
people is the supreme law), and sec utere tuo ut
alienum no laedas (act in such a manner not to
injure another’s right).

32. Coverage of Police
Power
a. General Welfare Clause
b. Public Morals Clause
c. Public Health Clause
d. Public Safety and Order
Clause

33. Foundamental Powers
of the State
2. TAXATION.
The power to levy or impose charges
upon persons, property, occupation and
others, as may be defined by law in order to
defray the expenses of the government and to
enable it to fully discharge its functions.

34. Constitutional limitations
on the power of taxation
i) Due process of law should be observed
that the tax must not be confiscatory;
ii) Taxes must be based on progressive
taxation system and must be uniformed;
iii) No taxes can impair contracts;
iv) Taxes should not extent in the exercise of
religious freedom;

35. Constitutional
limitations on the power
of taxation
v) Tax rules, mechanisms and measures must
be possessed by the House of Representative
where they orginate; and
vi) Taxes should not violate the rule on non-
imprisonment on failure or refusal to pay
residence or community tax.

36. Foundamental Powers
of the State
3. EMINENT DOMAIN.
The power of the State to acquire,
confiscate or take private properties for
public use upon payment of just
compensation.

37. Requisites of the Exercise
of the Power of Eminent
Domain
i) There must be a necessity to acquire a
private property;
ii) The acquired private property shall be
strictly and exclusively used for public
interest and service;
iii) The term public use may broadly mean to
cover not only direct advantage to the people
but also indirect benefits that will redound to
the interest of the people it served;

38. Requisites of the Exercise
of the Power of Eminent
Domain
iv) Just compensation must be paid in money
and the owner is entitled to the payment of
interest if claimed and only upon full payment
shall the government acquire the title of the
property; and
v) Due process must be accorded in
expropriating a said property.

39. Next:
Part III
Legal System
and
The Constitution

40. Thank you !