4.1.-4.2. State, Nation, Globalization

State and Nation
Hector de Leon, Textbook in 1987 Philippine Constitution 2008 Edition

State
The Development of State
• City State- in Greek, it is a land of free men and thinkers who promote
the realization of equality and of equal laws.
• Feudal State-vast lands are for powerful noble or lords
• Nation-State- state based on nationality which is now a modern state
for purpose of unity
• Socialist State-the state is positively good so state needs maximum
action. It promotes equality and common good.
• Welfare State- there is a compromise between extreme individualism
and socialism
Theories regarding State Origins
• Divine Right- state is of divine creation and the ruler is ordained by
God to govern the people.
• Force or Necessity-It maintains that states must have been created
through force, by some great warriors who imposed their
will upon the weak.
• Paternalistic- It attributes the origin of the states to the enlargement
of family which remained under the authority of the father or
mother
Theories regarding State Origins
• Social Contract- It is formed by deliberate and voluntary compact
among the people to form a society and organize
government for their common good. This theory justifies the
right of the people to revolt against a bad ruler.
What is then a State?
• It is a 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 the State
• 1. People
• This refers to the mass of population living within the
state.
• Without people there can be no functionaries to
govern and no subjects to be governed.
• Is there a requirement as regards to the number?
• None, but small enough to be well-governed and large
enough to be self-sufficing.
• 2. Territory
• It includes terrestrial, fluvial, maritime and serial over which
the jurisdiction of the state extends.
• The Philippines has a total land area of about 115, 813
square miles or about 299, 953 square kilometers.
• How about the West Philippine Sea? Exclusive Economic
Zone extends maritime territory to 200 nautical miles from
the baseline. This implies that anything reaches by the EEZ is
under the country to develop it.
• 3. Government
• It refers to the agency through which the will of the
state is formulated, expressed and carried out.
• What is the difference between government and
governance?
• Are we all part of the government?
• 4. Sovereignty
• the supreme power of the state to command and enforce
obedience to its will from people within its jurisdiction
and corollarily to have freedom from foreign control
• It has 2 manifestations: internal or the power of the state
to rule within its territory and external or the freedom of
the state to carry out its activities without subjection to
or control by other states.
State vs. Government
• The government is only an agency through which the
state expresses its will.
• A state cannot exist without a government, but it is
possible to have a government without a state.
• A government may change, its form may change, but
the state, as long as its essential elements are present,
remains the same.
Nation
Is nation a state?
• Nation should not be confused with the state as they are not the
same.
• 1. State is a political concept while nation is an ethnic concept. A
nation is a group of people bound together by certain characteristics
such as common social origin, language, customs, and traditions, and
who believe that they are one and distinct from others. The term is
more strictly synonymous with people.
• 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 of one or more nations or peoples and
conversely, a single nation may be made up of several states.
Some Nuances
• The government is only an agency through which the state expresses
its will. A state cannot exist without a government, but it is possible to
have a government without a state.
• A government may change, its form may change, but the state, as
long as its essential elements are present, remains the same.
Some Nuances
• The types of state sovereignty are legal (supreme authority of state
expressed by the law and the constitution),
• political (supreme will is expressed by the electorate)
• popular (people are ultimate source of power and so they possess
coercive power to control government through which they allow
themselves to be governed),
• de facto (vested on a person or a group of persons who have
succeeded in displacing the legitimate sovereign) and
• de jure (supreme legal authority if the state is based on the supremacy
of the law).
Some Nuances
• The obligations of the state are: the full realization of rights (the
activity of the state which is implementation secures the people and
be a tool for the state to meet its obligation towards its people),
• provision of maximum available resources (availability of resources of
society and not only the resources within the current budget),
• progression achievement of rights and internal obligations.
• State has nation to identify its people.
Going opposites
• Engage in a debate on what could Philippines better called; a state or
a nation.
• The richness of language the Philippines has mirrored the many tribes
and groups which give an identity to the people.

4.1.-4.2. State, Nation, Globalization

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State and Nation

Hector de Leon, Textbook in 1987 Philippine Constitution 2008 Edition

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