Politics and Governance 1

Lesson 2 Fundamentals of State

Learning Objectives:

When you finish this lesson, you will be able to do the following:
Understand the concept of nation and state.
Identify and discuss the essential elements of state
Distinguish state from nation and government.
Discuss the theoretical basis/origin of states
Understand the importance of one’s citizenship and its effect to the
exercise of one’s right.
Differentiate natural-born and naturalized filipino citizen
Identify the different forms of government
Determine the origin and growth of each government
Describe the general features of each government
Determine the advantages and disadvantages of each government
Realize the importance of having an appropriate form of government

Keywords and Phrases:

nation terrestrial aerial evolution theory

fluvial domain sovereignty instinctive
social contract theory necessity/force theoty instinctive theory
totalitarianism oligarchy parliamentary federalism
naturalization repatriation nationality citizenship
dual allegiance dual citizenship citizenship by election

Introduction

Some contemporary Scholars like Quentin Skinner define the state today
as "a locus of power distinct from either the ruler or the body of the body of the
people." (Skinner, Foundations of Modern Political Thought, II, p.355). Yet,
others would argue that the potency of the word "state" derives from the fact
that it means both ruler and people. In other words, the state is at the same
time loved for its promise of order and stability for the whole community and
feared for its threat of coercion by the power which does the ordering. Both
schools of thought may be right for there is no universal definition of the
concept. But no intellectual discussion about the concept of the state is
complete without a review of the writings of St. Thomas Aquinas and Martin
Luther. First, and most important, St. Thomas Aquinas arguably was the first to
formulate the concept of the state as the "set order of the rulers" at the heart of
every stable commonwealth. The general concept which was necessary
before the name could be attached to a particular form of government in
Aristotle's framework. Second, Martin Luther continued to evolve the concept of
the state in terms of how he saw a division of labor between Church (or spiritual
power) and those things temporal—the state—and how the ruler, without direct
intervention from the Church, should govern it with respect to his nobles and,
above, all the common good of the people of his realm.
Aquinas establishes early on that the state is a natural institution (very different
from Augustine whose ideas prevailed up to this point in history) because "la
naturaleza del hombre [es] ser un animal sociable y politico que vivien
 Politics and Governance 2

sociedad." (Aquinas, La Monarquia, I, p. 7) And he goes on to affirm that man

must live in societies to achieve fulfillment "porque un sol hombre por si mismo
no puede bastarse en existencia." (Aquinas, La Monarquia, I, p. 7).

State - a community of persons, more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and possessing a
government to which a great body of inhabitants render habitual obedience (Collector
of Internal Revenue v. Campos Rueda)

State distinguished from a Nation

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. (De Leon, Textbook on the
Philippine Constitution.

In common usage, the terms are often used interchangeably. However, a

state is a political concept while a nation is an ethnic concept. A state may
consist of one or more nation. For example, the United States of America is a
melting pot of several nationalities and conversely, a single nation may be
made up of several states such as the Arab Nation which is divided into several
states such as Saudi Arabia, Jordan, Syria, Lebanon etc. (De Leon, Textbook
on the Philippine Constitution)

State distinguished from Government

A government is only the instrument through which the will of the state is
expressed. It can exist without the state while the state cannot exist without a
government.

A government may change, its form may change, but the state, as long
as its essential elements are present, remains the same.

Inherent Powers of the State

Police Power - It is defined as the power of promoting the public welfare by

restraining and regulating the use of liberty and property (Freund). It is the
Inherent and plenary power of the state which enables it to prohibit all that is
hurtful to the comfort, safety and welfare of society (Ermita-Malate Hotel and
Motel Operators Association, Inc v Mayor of Manila)

Power of Eminent Domain - It is the government’s coercive authority,

upon just compensation, to forcibly acquire a property to devote it to public use.

Power of Taxation - It is the power to raise revenue

 Politics and Governance 3

Comparison of the inherent powers of the State

Elements of state

There are 4 essential elements of state namely (1) people (2) territory (3)
government and (4) sovereignty.

People - refer to the inhabitants of the State. It must be composed of both sexes to
allow continuity through reproduction. It must be adequate in number for self-
sufficiency and defense.

Citizenship defined: (Article IV)

It refers to the membership in a political community which is permanent and

more or less permanent in character.

Distinguished from nationality

Nationality is membership in any class or form of political community.

Nationality does not necessarily include the right or privilege of exercising civil
or political rights.

Modes of acquiring citizenship

By birth
Jus sanguinis (right of blood) which is the legal principle that, at birth,
an individual acquires the nationality of his/her natural parent/s. The
Philippines adheres to this principle.
Jus soli (right of soil) which is the legal principle that a person's
nationality at birth is determined by the place of birth (ie, the territory of a
given state)

By naturalization
Naturalization signifies the act of formally adopting a foreigner into the
political body of a nation by clothing him or her with the privileges of a
 Politics and Governance 4

citizen. Under current and existing laws, there are three ways by which
an alien may become a citizen by naturalization: (a) administrative
naturalization pursuant to R.A. No. 9139; (b) judicial naturalization
pursuant to C.A. No. 473, as amended; and (c) legislative naturalization
in the form of a law enacted by Congress bestowing Philippine
citizenship to an alien. (So v. Republic, GR 170603, 29 January 2007)

By marriage

Citizens of the Philippines (Sec. 1, Art. IV)

The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority; and
4. Those who are naturalized in the accordance with law.

Natural-born Filipino citizens (Sec. 2, Art. IV)

Natural-born citizens are those who are citizens from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with the Constitution shall be deemed
natural-born citizens (Sec. 2, Article IV)

Losing citizenship (Sec. 3, Art. IV)

Under Commonwealth Act No. 63, a Filipino citizen may lose his citizenship:
1) By naturalization in a foreign country;
2) By express renunciation of citizenship;
3) By subscribing to an oath of allegiance to support the constitution or
laws of a foreign country upon attaining twenty-one years of age or
more;
4) By accepting commission in the military, naval or air service of a
foreign country;
5) By cancellation of the certificate of naturalization;

6) By having been declared by competent authority, a deserter of the

Philippine armed forces in time of war, unless subsequently, a
plenary pardon or amnesty has been granted: and
7) In case of a woman, upon her marriage, to a foreigner if, by virtue of
the laws in force in her husband’s country, she acquires his
nationality. (Valles v. Comelec, 9 August 2000)

Note that No. [1] has already been modified by Republic Act 9225, under which
Filipino citizens who become naturalized citizens of a foreign country may retain
their Filipino citizenship by complying with the provisions of RA 9225.

Note that No. [7] has been repealed by the 1987 Constitution. It is no longer a
ground for loss of citizenship under the 1987 Constitution, which provides that
citizens of the Philippines who marry aliens shall retain their citizenship, unless
by their act or omission they are deemed, under the law, to have renounced it.
(Section 4, Article IV)

Reacquiring citizenship

Filipino citizens who have lost their citizenship may however reacquire the
same in the manner provided by law. Commonwealth Act No. 63 (C.A. No. 63),
 Politics and Governance 5

enumerates the three modes by which Philippine citizenship may be reacquired

by a former citizen:

1. by naturalization
2. by repatriation
3. by direct act of Congress.

Naturalization v. Repatriation

Naturalization is a mode for both acquisition and reacquisition of Philippine

citizenship. As a mode of initially acquiring Philippine citizenship, naturalization
is governed by Commonwealth Act No. 473, as amended. On the other hand,
naturalization as a mode for reacquiring Philippine citizenship is governed by
Commonwealth Act No. 63. Under this law, a former Filipino citizen who wishes
to reacquire Philippine citizenship must possess certain qualifications and none
of the disqualifications mentioned in Section 4 of C.A. 473.

Repatriation, on the other hand, may be had under various statutes by

those who lost their citizenship due to: (1) desertion of the armed forces; (2)
service in the armed forces of the allied forces in World War II; (3) service in the
Armed Forces of the United States at any other time; (4) marriage of a Filipino
woman to an alien; and (5) political and economic necessity.
As distinguished from the lengthy process of naturalization, repatriation simply
consists of the taking of an oath of allegiance to the Republic of the Philippines
and registering said oath in the Local Civil Registry of the place where the
person concerned resides or last resided. (Bengson III v. House Electoral
Tribunal, 07 May 2001)

Repatriation is not a matter of right, but it is a privilege granted by the State.

This is mandated by the 1987 Constitution under Section 3, Article IV, which
provides that citizenship may be lost or reacquired in the manner provided by
law. The State has the power to prescribe by law the qualifications, procedure,
and requirements for repatriation. It has the power to determine if an applicant
for repatriation meets the requirements of the law for it is an inherent power of
the State to choose who will be its citizens, and who can reacquire citizenship
once it is lost. (Tabasa v. Court of Appeals, 29 August 2006)

Effect of repatriation

Repatriation results in the recovery of the original nationality. This means

that a naturalized Filipino who lost his citizenship will be restored to his prior
status as a naturalized Filipino citizen. On the other hand, if he was originally a
natural-born citizen before he lost his Philippine citizenship, he will be restored
to his former status as a natural-born Filipino. (Bengson v. HRET, 07 May 2001)

Dual allegiance v. Dual citizenship (Sec. 5, Art. IV)

Dual citizenship is different from dual allegiance. The former arises when,
as a result of the concurrent application of the different laws of two or more
states, a person is simultaneously considered a national by the said states. For
instance, such a situation may arise when a person whose parents are citizens
of a state which adheres to the principle of jus sanguinis is born in a state which
follows the doctrine of jus soli. Such a person, ipso facto and without any
voluntary act on his part, is concurrently considered a citizen of both states.

Dual allegiance, on the other hand, refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states. While
dual citizenship is involuntary, dual allegiance is the result of an individual's
volition. With respect to dual allegiance, Article IV, Section 5 of the Constitution
 Politics and Governance 6

provides: "Dual allegiance of citizens is inimical to the national interest and shall
be dealt with by law." (Mercado v. Manzano, 367 Phil. 132 [1999])

Territory - It is the portion of the earth’s surfaced permanently inhabited by the

people. It is composed of terrestrial, fluvial, maritime and aerial domains.

NATIONAL TERRITORY OF THE PHILIPPINES defined: (Art. 1)

The national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial
domains. Including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas (Section 1, Article I)

Territory is defined as the fixed portion on the surface of the earth on which the
State settles and over which it has supreme authority. The components of the
territory of the state are the terrestrial, fluvial, maritime and aerial domains.

Land Territory (Terrestrial Domain)

The territorial domain refers to the land mass, which may be integrate or
dismembered, or partly bound by water or consist of one whole island. It may
also be composed of several islands, like the Philippines, which are also known
as mid-ocean archipelagos as distinguished from the coastal archipelagos like
Greece.

Maritime Territory (Fluvial and Maritime Domain)

The United Nations Convention on the Law of the Sea (UNCLOS), also called
the Law of the Sea Convention and the Law of the Sea Treaty (or LOST by its
critics), is the international agreement that resulted from the third United
Nations Conference on the Law of the Sea (UNCLOS III), which took place from
1973 through 1982. The Law of the Sea Convention defines the rights and
responsibilities of nations in their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of marine
natural resources. The Convention concluded in 1982 replaced four 1958
treaties, namely
:
• Convention on the Territorial Sea and Contiguous Zone, entry into force: 10
September 1964
• Convention on the Continental Shelf, entry into force: 10 June 1964
• Convention on the High Seas, entry into force: 30 September 1962
• Convention on Fishing and Conservation of Living Resources of the High
Seas, entry into force: 20 March 1966
UNCLOS came into force in 1994, a year after Guyana became the 60th state
to sign the treaty. To date 155 countries and the European Community have
joined in the Convention. The United States has signed the treaty, but the
Senate has not ratified it. However, it is now regarded as a codification of the
Customary international law on the issue.

While the Secretary General of the United Nations receives instruments of

ratification and accession and the UN provides support for meetings of states
party to the Convention, the UN has no direct operational role in the
implementation of the Convention. There is, however, a role played by
organizations such as the International Maritime Organization, the International
Whaling Commission, and the International Seabed Authority (the latter being
established by the UN Convention).

The issue of varying claims of territorial waters was raised in the UN in 1967 by
Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the
Law of the Sea was convened in New York. In an attempt to reduce the
 Politics and Governance 7

possibility of groups of nation-states dominating the negotiations, the

conference used a consensus process rather than majority vote. With more
than 160 nations participating, the conference lasted until 1982. The resulting
convention came into force on November 16, 1994, one year after the sixtieth
state, Guyana, signed the treaty.

The convention introduced a number of provisions. The most significant issues

covered were setting limits, navigation, archipelagic status and transit regimes,
exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed
mining, the exploitation regime, protection of the marine environment, scientific
research, and settlement of disputes.

The convention set the limit of various areas, measured from a carefully defined
baseline. (Normally, a sea baseline follows the low-water line, but when the
coastline is deeply indented, has fringing islands or is highly unstable, straight
baselines may be used.) The areas are as follows:

Internal waters

covers all water and waterways on the landward side of the baseline. The
coastal state is free to set laws, regulate use, and use any resource. Foreign
vessels have no right of passage within internal waters.

Territorial waters

out to 12 nautical miles from the baseline, the coastal state is free to set laws,
regulate use, and use any resource. Vessels were given the right of "innocent
passage" through any territorial waters, with strategic straits allowing the
passage of military craft as "transit passage", in that naval vessels are allowed
to maintain postures that would be illegal in territorial waters. "Innocent
passage" is defined by the convention as passing through waters in an
expeditious and continuous manner, which is not “prejudicial to the peace, good
order or the security” of the coastal state. Fishing, polluting, weapons practice,
and spying are not “innocent", and submarines and other underwater vehicles
are required to navigate on the surface and to show their flag. Nations can also
temporarily suspend innocent passage in specific areas of their territorial seas,
if doing so is essential for the protection of its security.

Archipelagic waters

the convention set the definition of Archipelagic States in Part IV, which also
defines how the state can draw its territorial borders. A baseline is drawn
between the outermost points of the outermost islands, subject to these points
being sufficiently close to one another. All waters inside this baseline will be
Archipelagic Waters and included as part of the state's internal waters.

Contiguous zone

beyond the 12 nautical mile limit there was a further 12 nautical miles or 24
nautical miles from the territorial sea baselines limit, the contiguous zone, in
which a state could continue to enforce laws regarding activities such as
smuggling or illegal immigration.

Exclusive economic zones (EEZs)

extend 200 nautical miles from the baseline. Within this area, the coastal nation
has sole exploitation rights over all natural resources. The EEZs were
introduced to halt the increasingly heated clashes over fishing rights, although
oil was also becoming important. The success of an offshore oil platform in the
Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970
 Politics and Governance 8

it was technically feasible to operate in waters 4000 meters deep. Foreign

nations have the freedom of navigation and overflight, subject to the regulation
of the coastal states. Foreign states may also lay submarine pipes and cables.

Continental shelf

the continental shelf is defined as the natural prolongation of the land territory to
the continental margin’s outer edge, or 200 nautical miles from the coastal
state’s baseline, whichever is greater. State’s continental shelf may exceed 200
nautical miles until the natural prolongation ends, but it may never exceed 350
nautical miles, or 100 nautical miles beyond 2,500-meter isobath, which is a line
connecting the depth of 2,500 meters. Coastal states have the right to harvest
mineral and non-living material in the subsoil of its continental shelf, to the
exclusion of others.

Aside from its provisions defining ocean boundaries, the convention establishes
general obligations for safeguarding the marine environment and protecting
freedom of scientific research on the high seas, and also creates an innovative
legal regime for controlling mineral resource exploitation in deep seabed areas
beyond national jurisdiction, through an International Seabed Authority.

Landlocked states are given a right of access to and from the sea, without
taxation of traffic through transit states.

Part XI of the Convention provides for a regime relating to minerals on the

seabed outside any state's territorial waters or EEZ. It establishes an
International Seabed Authority (ISA) to authorize seabed exploration and
mining and collect and distribute the seabed mining royalty.

The Philippine position of on the definition of its internal waters is commonly

known as the archipelago doctrine. This is articulated in the second sentence of
Article I, Sec 1 of the 1987 Constitution (see above). Our position is that our
islands (as many as 7,100) should be considered one integrated whole instead
of being fragmented into separate units each with its own territorial sea. Hence,
in defining the internal waters of the archipelago, straight baselines should be
drawn to connect appropriate points of the outermost islands without departing
to radically from the general direction as one whole territory. The waters inside
these baselines shall be considered internal and thus not subject entry by
foreign vessels without consent of the local state. The archipelago doctrine has
been embodied in the 1982 Convention of the Law of the Sea, with the
modification that archipelagic sea lanes shall be designated over the internal
waters through which foreign vessels shall have the right of passage.

Arial Domains

This refers to the air space above the land and waters of the State. The Convention on
International Civil Aviation, also known as the Chicago Convention, established the
International Civil Aviation Organization (ICAO), a specialized agency of the United
Nations charged with coordinating and regulating international air travel. The
Convention establishes rules of airspace, aircraft registration and safety, and details
the rights of the signatories in relation to air travel. The Convention also exempts air
fuels from tax. The document was signed on December 7, 1944 in Chicago, Illinois, by
52 signatory states. The Convention defines the supreme authority of each state to its
airspace. Relevant provisions of the convention relate to such recognition and the
elements of a state’s territory, to wit:

Article 1, Sovereignty: The contracting States recognize that every State has
complete and exclusive sovereignty over the airspace above its territory.
 Politics and Governance 9

Article 2,Territory: For the purposes of this Convention the territory of a State
shall be deemed to be the land areas and territorial waters adjacent thereto
under the sovereignty, suzerainty, protection or mandate of such State.

The rules governing the high seas also apply to outer space, which is
considered res communes. Under customary international law, States have the
right to launch satellites in orbit over the territorial space of other States.

The Outer Space Treaty, formally known as the Treaty on Principles

Governing the Activities of States in the Exploration and Use of Outer
Space, including the Moon and Other Celestial Bodies, is a treaty that forms
the basis of international space law. The treaty was opened for signature in
the United States, the United Kingdom, and the Soviet Union on January 27,
1967, and entered into force on October 10, 1967. As of January 2007, 98
countries are states-parties to the treaty, while another 27 have signed the
treaty but have not yet completed ratification.

The Outer Space Treaty represents the basic legal framework of international
space law. Among its principles, it bars States Parties to the Treaty from placing
nuclear weapons or any other weapons of mass destruction in orbit of Earth,
installing them on the Moon or any other celestial body, or to otherwise station
them in outer space. It exclusively limits the use of the Moon and other celestial
bodies to peaceful purposes and expressly prohibits their use for testing
weapons of any kind, conducting military maneuvers, or establishing military
bases, installations, and fortifications (Art.IV). However, the Treaty does not
prohibit the placement of conventional weapons in orbit

The treaty explicitly forbids any government from claiming a celestial resource
such as the Moon or a planet, since they are province of mankind. Art. II of the
Treaty states, in fact, that "outer space, including the Moon and other celestial
bodies, is not subject to national appropriation by claim of sovereignty, by
means of use or occupation, or by any other means". The pendant for giving up
sovereignty in outer space is the jurisdiction and control that the State that
launches a space object retains. According to Manfred Lachs jurisdiction and
control is giving the means to the State to conduct a mission of space
exploration.

Article VI of the Outer Space Treaty deals with international responsibility,

stating that "the activities of non-governmental entities in outer space, including
the moon and other celestial bodies, shall require authorization and continuing
supervision by the appropriate State Party to the Treaty" and that States Parties
shall bear international responsibility for national space activities whether
carried out by governmental or non-governmental entities.

Following discussions arising from Project West Ford, a consultation clause

was inserted in Article IX of the Outer Space Treaty: "A State Party to the
Treaty which has reason to believe that an activity or experiment planned by
another State Party in outer space, including the Moon and other celestial
bodies, would cause potentially harmful interference with activities in the
peaceful exploration and use of outer space, including the Moon and other
celestial bodies, may request consultation concerning the activity or
experiment."

Experts of international space law state that the Moon falls under the legal
concept of res communis, which means that it belongs to a group of people,
and may be used by every member of the group, but cannot be appropriated by
anyone (the concept is also applied to International Waters] The effect of the
Outer Space Treaty is to restrict control of private property rights, in the way
that the law of the sea prevents anyone owning the sea. This is often disputed
 Politics and Governance 10

by those who claim the ability to sell property rights on the Moon and other
bodies, but the dispute has never been tested in a court of law.

Modes of Acquiring Territory

there are modes for a state to acquire territory, to wit: discovery and occupation,
prescription, cession, accretion, and subjugation and annexation:

Discovery and Occupation

a state may acquire territory through this mode by discovering continent, island,
or land with no inhabitants or occupied by uncivilized inhabitants, and
thereafter, occupying it under its political administration. Discovery without
subsequent occupation is not sufficient to acquire territory.

Prescription
it is a mode of acquiring territory through continuous and undisputed exercise of
sovereignty over it during such a period as is necessary to create under the
influence of historical development the general conviction that the present
condition of things is in conformity with international order.

Cession
it is the assignment, transfer, or yielding up of territory by one state or
government to another.

Accretion
it is a mode of acquiring territory by addition of portions of soil, either artificial
such as the reclamation in Manila Bay or natural by gradual deposition through
the operation of natural causes such as the waves of the ocean.

Subjugation and Annexation

it is a mode of acquiring territory belonging to a state by occupation and

conquest made by another state in the course of war and by annexation at the
end of the war.

Government - is the agency or instrumentality through which the will of the State is
formulated, expressed and realized (US v. Dorr)

Government of the Philippine defined

The corporate governmental entity through which the functions of government

are exercised throughout the Philippines, including, save as the contrary
appears from the context, the various arms through which the political authority
is made effective in the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay subdivisions or other forms
of local government [Section 2 (1), Administrative code of 1987)

Government - refers to the legislators, administrators, and arbitrators in the

administrative bureaucracy who control a state at a given time, and to the
system of government by which they are organized It is the means by which
state policy is enforced, as well as the mechanism for determining the policy of
the state. A form of government, or form of state governance, refers to the
set of political institutions by which a government of a state is organized.
Synonyms include "regime type" and "system of government".
 Politics and Governance 11

The word government is derived from the Latin infinitive gubernare, meaning
"to govern" or "to manage". In parliamentary systems, the word "government" is
used to refer to what in presidential systems would be the executive branch. In
parliamentary systems, the government is composed of the prime minister and
the cabinet. In other cases, "government" refers to executive, legislative,
judicial, bureaucratic, and possibly also devolved powers.

Forms of government are classified according to

1) number of persons exercising sovereign powers

2) extent of powers exercised by the central or national government and
3) relationship between the executive and the legislative branches of the
government.

Monarchy

supreme and final power is in the hands of a single person and further classified
as
1) absolute monarchy and
2) limited monarchy.

Aristocracy

political power is exercised by a few privileged classes. It is sometimes called

government by the best, due to the fact that access to the ruling aristocratic
class based not only on birth and wealth, but also upon physical, intellectual
and moral qualities.

Oligarchy

a government whereby authority is vested upon few individuals or families.

Democracy

political power is exercised by a majority of the people and further classified as

1) direct or pure democracy or

2) indirect, representative or republican democracy.

Centralized/Unitary

a form of government where the control over national and local affairs is
exercised by the central or national government.

Federal government

is where the powers of the government are divided fundamentally between two
organizations, each having its own definite sphere of authority, and neither
having the power to interfere with or destroy the other.

Parliamentary government

is distinguished by the head of government being dependent on the direct or

indirect support of the parliament, often expressed through a vote of
confidence. Hence, there is no clear cut separation of powers between the
legislative and executive branches of government. Parliamentary systems
usually have a clear differentiation between the head of government and the
head of state. Meanwhile, a
 Politics and Governance 12

Presidential government

indicates a system wherein the offices of the head of the government and head
of state are combined in a single man―the President. The entire executive
power is vested in the President and all government action is his responsibility.
The presidential system provides for a Chief Executive who is elected for a
definite term of office, who holds a wide public mandate as a result of his
election, and who is largely independent of the legislative branch for the
conduct of his administration. His formal powers are defined in a documentary
constitution. Because he is both Chief of State and political leader of the
government, his prestige and authority are doubly enhanced.

Totalitarian government

is total government. It controls all aspects of the people’s life. It may have
promised to extend certain rights to the people, but these rights exist only on
paper. In reality the people have no rights under a totalitarian state; they exist
for the use of the state not vice versa.

Authoritarian government

is less harsh, by comparison, in governing its people than a totalitarian one. Its
political power rests on some absolute authority, and it does not recognize the
sovereignty of the people but at the same time allows them some civil rights
limited though those may be.

De Jure government

is one that has the legal recognition of the family of nations, but it may exist
alongside a rival government which is de facto.

De Facto government

has set itself up in the state; it has its own set of officials, laws, etc. but it does
not have international recognition although it may want that.

Sovereignty - is the supreme, absolute and uncontrollable power by which an

independent state is governed. It is the paramount control of the constitution and the
frame of government and its administration.

There are two kinds of sovereignty, to wit: internal and external

Internal Sovereignty – it is the power to control and direct the internal

affairs of a country such as the authority to enact, execute and apply laws.
Under international law, internal sovereignty is not a factor in determining
whether an entity is a state.

External Sovereignty – it is the power of an independent State to control

and direct its external affairs such as the authority to enter into treaties with
other state, to wage war, and to receive and send diplomatic missions.

Recognition - It is an act which gives a state an international status.

Theories of State Origin:

Divine Right Theory – this asserts that a state is of divine origin, for all
political authority emanates from God.
 Politics and Governance 13

Paternalistic/Patriarchal Theory – a theory which accounts for the state

as an extension of the family.

Social Contract Theory – was the dominant political creed of the 17 th and
18th centuries, replacing the divine theory. This was done by a contract or
compact among people whereby each one surrendered his natural liberty but
gained in return the protection and civil rights guaranteed by the governments.

Necessity/ Force Theory – this theory provides that the state has arisen
through sheer force: a man dominating a tribe through brute strength and
cunning; a tribe conquering other tribes to form a kingdom; this kingdom
smashing other kingdoms to transform itself into an empire; and empires and
kingdoms clashing against one another for supremacy.

Instinctive Theory – the proponents of this theory hold that political

institutions are but the objective expressions of the instinct of men for
association.

Historical/ Evolution Theory – Burgess, a well known authority in

political science, states the theory thus: ”the proposition that the state is the
product of history means that it is the gradual and continuous development of
human society, out of a grossly imperfect beginning through crude but
improving forms of manifestation, towards a perfect and universal organization
of mankind.

Economic Theory – according to the advocates of this theory, the state was
erected primarily to take care of man’s multifarious needs.