Elements of state

1. PopulationThe State is a human institution. Hence population is its first and foremost
element. No state can be imagined without the people, as there must be some to rule and others
to be ruled. The people constitute its "personal basis".It is however, difficult to fix the size of the
population of a state. For the Greek Philosopher Plato, the ideal state should not contain more
than 5040 people. But Rousseau the French Philosopher would treat 10,000 inhabitants as the
ideal population.Modern states greatly vary in population. While some modern states (e.g. the
USA, Russia and Canada) are still under populated relating to area, resources and similar factors,
others (e.g., China, India, Egypt) are confronted by the problem of population which is
expanding too rapidly for their natural and technological resources. There is no such hard and
first rule as to the number of people required to make a state. The population of a state must be
large enough to preserve the political independence and to exploit its natural resources and small
enough to be well governed.
2. TerritoryPeople cannot constitute a state, unless they inhabit in a definite territory When they
reside permanently in a fixed place, they develop a community of interests and a sense of unity.
It becomes easy to organise them into a political unit and control them. So the state requires a
fixed territory, with clearly demarcated boundaries over which it exercises undisputed authority.
Territory is its "material basis". The territory of a state comprises:
i) Land, mountains, rivers and lakes within its frontiers
ii) Territorial water, extending six miles into the sea from the coast,
iii) Air space, lying above its territory.
The state has full rights of control and use over its territory. Any interference with the rights of
one state by others may lead to war.But how much territory is necessary for the maintenance of
state? There is no accepted rule as to the size of a state's territory. In the modern world, we find
states of all sizes and shapes. More important than the size are the nature resources and the
location of the state. A geographically contiguous territory is an asset; otherwise it creates
problems of administration and control.
3. Government- is the important- indeed, indispensable machinery by mean of which the state
maintains its existence, carries on its functions and realise its policies and objectives. A
community of persons does not form a state unless it is organised by an established
government.Government usually consists of three branches: the Legislature, the Executive and
the Judiciary. Their respective functions are legislation, administration and adjudication. The
particular form of government depends upon the nature of the state which in turn depends upon
the political habits and character of the people.

4. Sovereignty-The fourth essential element of the state is sovereignty. It is that important

element which distinguishes the state from all other associations. The word 'Sovereignty' denotes
supreme and final legal authority and beyond which no further legal power exists.
Sovereignty has two aspects- internal and external. Internal sovereignty is the supreme authority
of the state over all individuals and associations within its geographical limits. By virtue of it, the
state makes- and enforces laws on persons and associations. Any violation of these laws will lead
to punishment.External sovereignty implies the freedom of the state from foreign control. No
external authority can limit its power. India before 1947 was not a state because though it had the
other three elements, i.e., population, territory and government, the fourth and the most
important one i.e., independence was missing.A state's sovereignty extends to its territory. The
sovereignty of the state over its territory and its people must be accepted as undisputed. A state
also requires recognition by other sovereign states. Such recognition is provided by the
community of states; international organisations like the United Nations, which grant
membership to sovereign states. The UN membership is a means of recognising state's
sovereignty whenever a new state comes into existence, its recognition by other states and by UN
is extremely important.
Fundamental powers of state
1. POLICE POWER is the power of promoting the public welfare by
restraining and regulating the use of both liberty and property of all the people. It
is considered to be the most all-encompassing of the three powers. It may be
exercised only by the government. The property taken in the exercise of this
power is destroyed because it is noxious or intended for a noxious purpose.
It lies primarily in the discretion of the legislature. Hence, the President, and
administrative boards as well as the lawmaking bodies on all municipal levels,
including the barangay may not exercise it without a valid delegation of
legislative power. Municipal governments exercise this power by virtue of the
general welfare clause of the Local Government Code of 1991. Even the courts
cannot compel the exercise of this power through mandamus or any judicial
process.
Requisites of a valid police measure:

(a.) Lawful Subject the activity or property sought to be regulated affects the public
welfare. It requires the primacy of the welfare of the many over the interests of the
few.
(b.) Lawful Means the means employed must be reasonable and must conform to the
safeguards guaranteed by the Bill of Rights.
2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be
exercised by some private entities. The property forcibly taken under this power,
upon payment of just compensation, is needed for conversion to public use or
purpose.
The taking of property in law may include:
trespass
without
actual
eviction
of
the
owner;
material
impairment
of
the
value
of
the
property;
or
- prevention of the ordinary uses for which the property was intended.
The property that may be subject for appropriation shall not be limited to private
property. Public property may be expropriated provided there is a SPECIFIC grant
of authority to the delegate. Money and a chose in action are the only things
exempt from expropriation.
Although it is also lodged primarily in the national legislature, the courts have the
power to inquire the legality of the right of eminent domain and to determine
whether or not there is a genuine necessity therefore.
3. POWER OF TAXATION affects only property rights and may be exercised only
by the government. The property taken under this power shall likewise be
intended for a public use or purpose. It is used solely for the purpose of raising
revenues, to protect the people and extend them benefits in the form of public
projects and services (I hope so). Hence, it cannot be allowed to be confiscatory,
except if it is intended for destruction as an instrument of the police power.
It must conform to the requirements of due process. Therefore, taxpayers are
entitled to be notified of the assessment proceedings and to be heard therein on
the correct valuation to be given the property. It is also subject to the general
requirements of the equal protection clause that the rule of taxation shall be
uniform and equitable.