Topic 4: The State

• A state is a community of people living in a defined territory with its own government, to which its inhabitants obey, and it operates independently from external control.
• Elements of state

  • People
  • Territory
  • Government
  • Sovereignty
• Elements of a State: People

  • The people make up the population of a state.
  • They are the inhabitants living within the state's territory.
  • A state cannot function without people to govern and be governed.
  • There is no fixed number of people required, but the population should be balanced—small enough for effective governance and large enough for self-sufficiency.
  • Political unity and strong national ties are essential for the state's stability and continuous existence.
• Elements of a State: Territory

  • A state's territory includes its land, airspace, inland waters (rivers, lakes, bays), and natural resources, extending 12 miles beyond its coastline.
  • For archipelagic states, the territory also covers surrounding waters, those between and connecting islands, as well as seabeds, continental shelves, and other marine areas beneath these waters.
• Elements of a State: Government

  • The government is the essential mechanism that enforces the state's will, purposes, and objectives.
  • It serves as the agency responsible for formulating, expressing, and implementing the state's authority and policies.
• Elements of a State: Sovereignty

  • Sovereignty is the state's supreme authority to enforce laws and demand obedience within its territory.
  • It ensures complete independence from external control, allowing the state to govern itself without foreign interference.
• Internal Sovereignty – The state's absolute power to enforce its laws and regulate the conduct of people within its territory. The government must have sufficient authority to maintain order and governance.
• External Sovereignty – The state's independence from foreign control. It must be recognized and respected by other nations, ensuring equality among all states under international law.
• Characteristics of sovereignty

  • Absolute
  • Comprehensive
  • Permanent
  • Indivisible
• Absolute Sovereignty

  • The state holds supreme power without restrictions from any external authority.
  • It has the ultimate authority to enforce laws over its people, organizations, and associations within its territory.
• Comprehensive Sovereignty

  • The state's legal authority applies to everyone within its territory, including citizens, foreigners, associations, and organizations.
• Permanent Sovereignty

  • Sovereignty remains as long as the state exists, ensuring its continuous authority and governance.
• Indivisible Sovereignty

  • Sovereignty cannot be divided; it remains whole and unified.
  • The state must uphold political obligations, agreements, and respect private property rights while maintaining its authority.
• Types of states sovereignty

  • Legal sovereignty
  • Political sovereignty
  • Popular sovereignty
  • De facto sovereignty
  • De jure sovereignty
• Legal Sovereignty – The supreme authority of the state as expressed through laws and the constitution. The ruler enforces laws, and the people habitually obey.
• Political Sovereignty – The will of the state as expressed by the electorate, where supreme authority is exercised by the people through voting during elections.
• Popular Sovereignty – The supreme power of the state resides in the people, who are the ultimate source of authority and consent to be governed.
• De Facto Sovereignty – Authority held by a person or group that has displaced the legitimate sovereign and is recognized in practice by the people within the state.
• De Jure Sovereignty – The legally recognized supreme authority of the state, based on constitutional and lawful provisions, as acknowledged by other states.
• Political sovereignty is limited to elections and decision-making by voters. Meanwhile, Popular sovereignty is broader and continuous, emphasizing that all government power ultimately comes from the people.
• Distinction Between State and Nation

  1. Political vs. Ethnic Concept – A state is a political entity with a government, while a nation is an ethnic or cultural group sharing common language, customs, and traditions.
  2. Independence – A state is fully independent and not subject to external control, whereas a nation may or may not have political independence.
  3. Composition – A single state can consist of multiple nations or ethnic groups, meaning a state is a broader political structure that may govern diverse peoples.
• Distinction Between State and Government

  1. Role – The government is merely the agency that implements the will of the state, while the state is the sovereign entity that holds ultimate authority.
  2. Existence – A state cannot exist without a government, but a government can exist without a fully sovereign state (e.g., a government in exile or under foreign control).
  3. Permanence – Governments may change in leadership or structure, but the state remains as long as its essential elements (people, territory, government, and sovereignty) are intact.
• The Philippines has a unitary-presidential system with three branches: Executive (led by the President), Legislative (Senate and House of Representatives), and Judiciary (headed by the Supreme Court).
• People: The Philippines has a diverse population of over 100 million people, with multiple ethnic groups such as Tagalog, Cebuano, Ilocano, and indigenous communities.
• Territory: The country comprises 7,641 islands, including disputed areas like the West Philippine Sea, which remains a geopolitical concern.
• Government: The Philippines operates under a democratic system with executive, legislative, and judicial branches ensuring checks and balances.
• Legal Sovereignty: The 1987 Constitution is the supreme law of the land.
• Political Sovereignty: Elections empower the people to choose their leaders.
• Popular Sovereignty: The Constitution states that sovereignty resides in the people.
• De Facto Sovereignty: Non-state actors, like local warlords or armed groups, sometimes exert power in remote regions.
• De Jure Sovereignty: The Philippine government is internationally recognized as the legitimate governing authority.
• State vs. Nation

  • The Philippines is both a state and a nation. While it has a defined government, sovereignty, and population, its multiple ethnic groups and regional differences sometimes create internal divisions.
• State vs. Government

  • The state is permanent, while the government changes. For example, the state of the Philippines remains, but leadership shifts through elections.