State

And
Government

Submitted By:
R. Dinesh Kumar

1st Year B.A.,L.L.B.

 State and Government

Table Of Content
1 The State........................................................................................................... 2
1.1 Characteristics or Features of The State......................................................3
1.2 EXPLANATION OF FEATURES........................................................................4
1.2.1 The state has a territory........................................................................4
1.2.2 The state consists of a Nation or people...............................................4
1.2.3 The state has a government.................................................................4
1.2.4 The state has a constitution..................................................................5
1.2.5 The state is sovereign...........................................................................5
1.3 FUNCTIONS THE STATE................................................................................6
1.4 Theories of the State...................................................................................6
1.4.1 Marxist Theory...................................................................................... 6
1.4.2 Anarchism............................................................................................. 7
1.4.3 Pluralism............................................................................................... 7
1.5 Inheritance power of the State....................................................................8
1.5.1 Police Power.......................................................................................... 8
1.5.2 Eminent Domain................................................................................... 8
1.5.3 Power of Taxation..................................................................................8
1.6 Compulsory functions of a state..................................................................9
1.7 Voluntary functions of the State..................................................................9
1.8 Political ideologies of functions of state....................................................12
1.9 What the state should not do....................................................................13
2 The Government.............................................................................................. 14
2.1 Government has six functions...................................................................14
2.2 Government type...................................................................................... 15
2.3 Difference between State & Government..................................................21

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1 The State
A state is a community of persons, permanently occupying a given
territory, independent, or nearly so of external control, and possessing an
organized government to which a greater number of people render habitual
obedience.

A state is a politically organized body of people living in a defined

territory and living under a government and entirely free from external
control.

A state is a set of institutions that possess the authority to make the

rules that govern the people in one or more societies, having internal and
external sovereignty over a definite territory.

A state is a political unit, structured by government and composed of

citizens, that has sovereignty within a clearly defined territory. Thus the
word is often used in a strict sense to refer only to modern political
systems. Examples of states are Ghana, France, Brazil, Nigeria, Canada,
Japan, Liberia, etc. Within a federal system,

Within a federal system, like Nigeria and the U.S.A, the term state also
refers to political units, not sovereign themselves, but subject to the
authority of the larger country, or federal union. Examples of such states
include Texas, Florida, California and New York in the U.S.A, and the Yoruba
and Ibo states of Nigeria.

In the state, people submit to the authority of the state or the government.
Indeed, there are ways by which the citizens can express their views in the
state, through the representatives or other organs of government.

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Broadly speaking, the state is a community for men who are organized,
preserve and create order for the wellbeing of its members.

1.1 Characteristics or Features of The State

The state has the following features or characteristics:

1. Territory

2. Nation (people)

3. Constitution

4. Government

5. Sovereignty

Illustratively, State = Territory + Nation + Constitution + Government +

Sovereignty.

Thus, the state is a mother of the following five features. These

characteristics

or features of the state are called the cardinal concepts of the state.

1.2 EXPLANATION OF FEATURES

1.2.1 The state has a territory

The territory of the state simply refers to the defined area occupied by the
people, and which is separate from other states. It includes the land
surface, the soil beneath and the atmosphere above it and the sea-limits as
recognized by international law. Ghana as a state (has its territory) is
bounded by states like Togo, Cote DIvoire and Burkina Faso.

1.2.2 The state consists of a Nation or people

The nation is a group of people living under central government and bound
together by ties of history, language and culture. Examples of the nations

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are Ghanaians, Jews, Togolese, Americans, etc. It must be noted that, the
nation commands loyalty to the authority of the state, and its allegiance is
paramount in all matters.

1.2.3 The state has a government

This is made up of people ruling as the recognized agents of the state. The
government refers to a group of people charged with the duty to make
binding rules, formulate and execute policies and ensure the effective
administration of the state.

1.2.4 The state has a constitution

This refers to the fundamental principles according to which a state is

established and governed.

1.2.5 The state is sovereign

In simple terms, sovereignty refers to the supreme and final legal authority
to make and enforce laws, above and beyond which further other legal
authority exists. A states sovereignty is usually manifested through its
government and laws.

The state is thus independent of other states, and it is capable of been

recognized by other states. Ghana, Nigeria, the United States of America
and Germany are all independent, sovereign states capable of ensuring
obedience to the laws within their national frontiers or boarders.

Membership of the state is compulsory, and citizenship is by birth to death.

The state is a permanent entity for its existence continues forever. It can
also compel individuals to obey its laws.

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1.3 FUNCTIONS THE STATE

1. The state formulates the values of the country into laws and enforces
them through the criminal justice system.

2. It provides a framework within which decisions are made on the

distribution of scarce resources.

3. The state acts as an arbitrator between the opposing interests in the

society.

4. It determines policy necessary to promote the greatest social good.

5. The state is also responsible for the political economic and military
relations with other countries.

6. It is the only organization which has monopoly over the legitimate use of
force within its defined territory.

1.4 Theories of the State

Most political theories of the state can roughly be classified into two
categories. The first, which includes liberal or conservative theories, treats
capitalism as a given, and concentrates on the function of states in a
capitalist society. Theories of this variety view the state as a neutral entity
distinct from both society and the economy.

1.4.1 Marxist Theory

Marxist theory, on the other hand, sees politics as intimately intermingled

with economic relations, and emphasizes the relationship between
economic power and political power. Marxists view the state as a partisan
instrument that primarily serves the interests of the upper class. Marx and
Engels were clear that communism's goal was a classless society in which
the state would have "withered away. " For Marxist theorists, the role of the
non-socialist state is determined by its function in the global capitalist
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order. Marx's early writings portrayed the state as "parasitic," built upon
the super structure of the economy and working against the public interest.
He believed that the state mirrored societal class relations, that it regulated
and repressed class struggle, and that it was a tool of political power and
domination for the ruling class.

1.4.2 Anarchism

Anarchism is a political philosophy that considers states immoral and

instead promotes a stateless society, anarchy. Anarchists believe that the
state is inherently an instrument of domination and repression, no matter
who is in control of it. Anarchists believe that the state apparatus should be
completely dismantled and an alternative set of social relations created,
which would be unrelated to state power.

1.4.3 Pluralism

Pluralists view society as a collection of individuals and groups competing

for political power. They then view the state as a neutral body that simply
enacts the will of whichever group dominates the electoral process. Within
the pluralist tradition, Robert Dahl developed the theory of the state as a
neutral arena for contending interests. He also viewed governmental
agencies as simply another set of competing interest groups. The pluralist
approach suggests that the modern democratic state acts in response to
pressures that are applied by a variety of organized interests. Dahl called
this kind of state a polyarchy. Pluralism has been challenged on the ground
that it is not supported by empirical evidence.

The functions of a state are as comprehensive as its rights. Among them

some functions are compulsory while others are voluntary. The major ones
in the compulsory category are:

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1.5 Inheritance power of the State

The inherent powers of a state are powers inherited when a country gains
independence. The United States achieved this feat through warfare with
Great Britain. A constitution was created, and in the Tenth Amendment, the
American inherent powers of state were declared. These rights do not need
constitutional approval to be carried out.

1.5.1 Police Power

The state government has the right to restrain and regulate liberty and
property and create laws to improve the safety and welfare of its people.
This power lies solely with the government, but can be passed on in part to
local governments. However, this can only be done with a valid delegation
of legislative power. Property taken using police power is destroyed if it is
harmful or could be used to cause harm.

1.5.2 Eminent Domain

Eminent domain gives the government the power to take privately owned
land or property without the permission of the landowner, known as
condemnation. However, appropriate monetary compensation must be
exchanged for the land. The property taken can be used by the
government or passed on to a third party; either way, it must be used to
serve a public purpose, such as a new highway. Only the state can exercise
eminent domain.

1.5.3 Power of Taxation

Taxation is the power of the state to collect taxes to raise revenue essential
to the administering of government. With the power of taxation comes the
inherent power to spend the revenues for general welfare, and to meet the
goals and objectives of government.

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1.6 Compulsory functions of a state

1. Defence against foreign attack: The most urgent function of a
state is defence of the country against foreign attack. It has to make
adequate preparations in the form of weapons and land, sea and air
forces. It has to take special notice of things which can create the danger of
attack from other countries.

2. Internal peace and security: The policy of a state at home is quite

as important as is its foreign policy. It is the prime duty of the state to
maintain internal peace and security. An increase in communal riots, thefts,
cases of dacoity and rebellion can endanger the existence of the state
itself. The state maintains peace and order through police and army.

3. Protection of the rights of citizens: In every state the citizens

possess certain rights like rights of life, property, freedom of thought etc. It
is incumbent upon the state to protect these rights, or which it has to
formulate essential laws, arrange for proper administration and organise
justice.

4. Justice: In this way justice is a compulsory function of the

state. This provides for obedience of laws in the state, maintains order and
protects the rights of everyone.

1.7 Voluntary functions of the State

1. Education: In the modern age, all states consider it their duty to
make adequate arrangement for the education of their citizens. A state of
uneducated citizens can never progress. Thus the state makes arrangements
for primary schools and colleges and universities so that higher education in
sciences agriculture and the humanities may become
possible. Arrangements are made for adjoining research centres, libraries,
zoos, store houses and art classes etc. Efforts are made to provide free

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primary education. Capable students are awarded scholarships by the

state. But the state should avoid unnecessary interference in educational
centres.

2. Health: Along with education, modern states try to provide for

the protection of health. Provision is made for sanitation, hospitals, free
medicine, vaccination and essential energizing foods for the poor. Medical
colleges are opened to end the dearth of capable doctors. Government
research centres and training schools for nurses are opened.

3. Protection of the old,poor and invalid: Modern states have also

begun making arrangements for the old, impecunious unemployed and
invalid citizens. They are given financial aid. The old people are given
pension The facility of insurance insures the security of
everyone. Orphanages and homes for destitute are created.

4. Arrangement of Public Welfare services: The state organizes the

railways, postal and telegraphic facilities, wireless, etc. it is the duty of the
state to make arrangements for means of transportation such as buses,
railways, aeroplanes and ships etc.

5. Social and Economic improvement: Another of the state;'s duties

is effecting social and economic improvement. The state lays down laws
against harmful customs and makes necessary arrangements for their
enforcement.

6. Encouraging trade and industry; It is also the duty of the state to

encourage trade and industry and to develop it as well. Almost everywhere in
the world, it is the state which controls economic system and the mint. It is
the state which standardizes the standards of measurement and
weighing. The country cannot benefit by international trade if it does not
make the proper law for import and export. The state should establish
factories of the key industries in order to implement and initiate other
industries in the country. The state should also encourage cottage
industries.

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7. Organization of labour: The state should direct its efforts to the

improvement of conditions of labourers and lay down rules to obviate the
probability of their exploitation. It is the responsibility of the state to make
efforts towards labour welfare.

8. Proper use of natural resources of the country: A country can

become powerful by land, forests, rivers, minerals and agricultural
products. Maximum benefit should be extracted from them. On this subject,
the state should direct the necessary precautionary measures, research and
search for new mineral products and lay down laws for the utilization of
forests, mines, land etc.

9. Arrangement of recreation: In order to maintain the novelty and

excitement in the life of the public the state should provide means for
recreation. For this film industry, dramatic societies, etc. ought to be
encouraged.

Actually the function of a modern state is not merely administration

but an integral welfare and development of its subjects. Thus, its functions
have been aggrandized. The turbulence of local situations does make an
appreciable though slight alteration in them, while different political schools
of thought have recognized different functions of the state. Thus nothing
final can be said upon this subject. The only theory which can be universally
acceptable is that the state should functioning a manner calculated to add to
pubic welfare but the scholars differ in their opinions about that in which lies
this public welfare. It is here that the guidance of ethics is needed. Ethics is
to determine the supreme and ultimate objective of the individual. The state
shall collect the means to the attainment of this ideal. As an example the
supreme ideal of an individual is self realization or an integral
development. Thus, it is for the state to utilize the means to his physical,
mental and spiritual development.

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1.8 Political ideologies of functions of state

Between conservatism, socialism, liberalism, libertarianism, fascism,
especially the latter, and other political ideologies. There are also two
ideologies - anarchism and communism - which argue that the existence of
the state is ultimately unjustified and harmful. For this reason, the kind of
society they aim to establish would be stateless.

Anarchism claims that the community of those fighting to create a new

society must themselves constitute a stateless community. Communism
wishes to immediately or eventually replace the communities, unities and
divisions that things such as work, money, exchange, borders, nations,
governments, police, religion, and race create with the universal
community possible when these things are replaced.

State socialism states that the degree to which a state is working class is
the degree to which it fights government, class, work, and rule. The degree
to which it wins such a fight is held to be the degree to which it is
communist instead of capitalist, socialist, or the state. Stateless
capitalism argues that taxes are theft, that government and the business
community complicit in governance is organized crime and is equivalent to
the criminal underworld, and that defence of life and property is just
another industry, which must be privatized. Anarcho-communism
and anarcho-collectivism says that taxes, being theft, are just property,
which is also theft, and that the state is inherently capitalist and will never
result in a transition to communism, and says that those fighting against
capitalism and the state to produce a communist society must themselves
already form such a community. However, the majority of viewpoints agree
that the existence of some kind of government is morally justified. What
they disagree about is the proper role and the proper form of that
government.

There are several ways to conceive of the differences between these

different political views. For example, one might ask in what areas should

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the government have jurisdiction, towhat extent it may intervene in those

areas, or even what constitutes intervention in the first place. A lot of
institutions can be said to exist only because the government provides the
framework for their existence; for instance, Marxists argue that the
institution of private property only exists due to government.

1.9 What the state should not do

They should not be corrupt and allow big corporations to dictate
governmental policy.

They should not deregulate a sector that then means they need to
bail that sector out like they have done with the banking industry
recently.

They should not torture possible terror suspects.

They should not get involved in illegal wars and lie to their population
about the reasons for wars.

They should not make false election promises.

They should not act for the minority.

They should not allow big corporations to evade paying tax legally.

They should not allow 5% of the country to have 85-90% of the

wealth

The government should not do anything that isn't specifically enumerated

in the Constitution, as specified by the 10th Amendment (there is a list of
permitted legislative actions in Article 1, Section 8).

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2 The Government
A government is the organization in charge of creating and administering
laws for a region and its people. Governments can exist at national,
regional and local levels, with local governments subordinate to higher-
level governments. There are even so-called governments in exile, which
no longer control the place they were formed to govern, but still claim to
represent that place's people.

2.1 Government has six functions

1. Foreign Relations - Diplomacy and Defense

2. Develop business strength - Incubate small business, special research

and development, such as space research, job training, unemployment
insurance and more.

3. Protect and regulate the sustainable use of natural resources.

4. Enforce and regulate fair and responsible business practices. Included in

this is monitoring monetary policy, giving consumer protection and
regulating banking practices.

5. Determine and enforce civil laws of property and conduct. This includes
the freedoms of the press, religion and rights of property.

6. Provide public goods and services for the well-being of the community as
a whole, such as infrastructure, vaccination programs, disaster relief,
fireworks shows, public parks, basic healthcare, subsidized housing, public
education and public utilities.

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(These are things that the government provides better than private
business for the community at large through pooling money and resources.
There are more positive externalities for society when government provides
public goods and services.)

2.2 Government type

Definition: This entry gives the basic form of government. Definitions of
the major governmental terms are as follows. (Note that for some
countries more than one definition applies.):

Absolute monarchy - a form of government where the monarch rules

unhindered, i.e., without any laws, constitution, or legally organized
opposition.
Anarchy - a condition of lawlessness or political disorder brought about by
the absence of governmental authority.

Authoritarian - a form of government in which state authority is imposed

onto many aspects of citizens' lives.

Commonwealth - a nation, state, or other political entity founded on law

and united by a compact of the people for the common good.
Communist - a system of government in which the state plans and
controls the economy and a single - often authoritarian - party holds
power; state controls are imposed with the elimination of private ownership
of property or capital while claiming to make progress toward a higher
social order in which all goods are equally shared by the people (i.e., a
classless society).

Confederacy (Confederation) - a union by compact or treaty between

states, provinces, or territories, that creates a central government with
limited powers; the constituent entities retain supreme authority over all
matters except those delegated to the central government.

Constitutional - a government by or operating under an authoritative

document (constitution) that sets forth the system of fundamental laws

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and principles that determines the nature, functions, and limits of that
government.

Constitutional democracy - a form of government in which the sovereign

power of the people is spelled out in a governing constitution.

Constitutional monarchy - a system of government in which a monarch

is guided by a constitution whereby his/her rights, duties, and
responsibilities are spelled out in written law or by custom.

Democracy - a form of government in which the supreme power is

retained by the people, but which is usually exercised indirectly through a
system of representation and delegated authority periodically renewed.

Democratic republic - a state in which the supreme power rests in the

body of citizens entitled to vote for officers and representatives responsible
to them.

Dictatorship - a form of government in which a ruler or small clique wield

absolute power (not restricted by a constitution or laws).

Ecclesiastical - a government administrated by a church.

Emirate - similar to a monarchy or sultanate, but a government in which

the supreme power is in the hands of an emir (the ruler of a Muslim state);
the emir may be an absolute overlord or a sovereign with constitutionally
limited authority.

Federal (Federation) - a form of government in which sovereign power is

formally divided - usually by means of a constitution - between a central
authority and a number of constituent regions (states, colonies, or
provinces) so that each region retains some management of its internal
affairs; differs from a confederacy in that the central government exerts
influence directly upon both individuals as well as upon the regional units.

Federal republic - a state in which the powers of the central government

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are restricted and in which the component parts (states, colonies, or

provinces) retain a degree of self-government; ultimate sovereign power
rests with the voters who chose their governmental representatives.

Islamic republic - a particular form of government adopted by some

Muslim states; although such a state is, in theory, a theocracy, it remains a
republic, but its laws are required to be compatible with the laws of Islam.

Maoism - the theory and practice of Marxism-Leninism developed in China

by Mao Zedong (Mao Tse-tung), which states that a continuous revolution
is necessary if the leaders of a communist state are to keep in touch with
the people.

Marxism - the political, economic, and social principles espoused by 19th

century economist Karl Marx; he viewed the struggle of workers as a
progression of historical forces that would proceed from a class struggle of
the proletariat (workers) exploited by capitalists (business owners), to a
socialist "dictatorship of the proletariat," to, finally, a classless society -
Communism.

Marxism-Leninism - an expanded form of communism developed by

Lenin from doctrines of Karl Marx; Lenin saw imperialism as the final stage
of capitalism and shifted the focus of workers' struggle from developed to
underdeveloped countries.

Monarchy - a government in which the supreme power is lodged in the

hands of a monarch who reigns over a state or territory, usually for life and
by hereditary right; the monarch may be either a sole absolute ruler or a
sovereign - such as a king, queen, or prince - with constitutionally limited
authority.

Oligarchy - a government in which control is exercised by a small group of

individuals whose authority generally is based on wealth or power.

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Parliamentary democracy - a political system in which the legislature

(parliament) selects the government - a prime minister, premier, or
chancellor along with the cabinet ministers - according to party strength as
expressed in elections; by this system, the government acquires a dual
responsibility: to the people as well as to the parliament.

Parliamentary government (Cabinet-Parliamentary government) - a

government in which members of an executive branch (the cabinet and its
leader - a prime minister, premier, or chancellor) are nominated to their
positions by a legislature or parliament, and are directly responsible to it;
this type of government can be dissolved at will by the parliament
(legislature) by means of a no confidence vote or the leader of the cabinet
may dissolve the parliament if it can no longer function.

Parliamentary monarchy - a state headed by a monarch who is not

actively involved in policy formation or implementation (i.e., the exercise of
sovereign powers by a monarch in a ceremonial capacity); true
governmental leadership is carried out by a cabinet and its head - a prime
minister, premier, or chancellor - who are drawn from a legislature
(parliament).

Presidential - a system of government where the executive branch exists

separately from a legislature (to which it is generally not accountable).

Republic - a representative democracy in which the people's elected

deputies (representatives), not the people themselves, vote on legislation.

Socialism - a government in which the means of planning, producing, and

distributing goods is controlled by a central government that theoretically
seeks a more just and equitable distribution of property and labor; in
actuality, most socialist governments have ended up being no more than
dictatorships over workers by a ruling elite.

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Sultanate - similar to a monarchy, but a government in which the

supreme power is in the hands of a sultan (the head of a Muslim state);
the sultan may be an absolute ruler or a sovereign with constitutionally
limited authority.

Theocracy - a form of government in which a Deity is recognized as the

supreme civil ruler, but the Deity's laws are interpreted by ecclesiastical
authorities (bishops, mullahs, etc.); a government subject to religious
authority.

Totalitarian - a government that seeks to subordinate the individual to

the state by controlling not only all political and economic matters, but also
the attitudes, values, and beliefs of its population.

As to extent of powers exercised by the central or national government

a. Unitary - control of national and local affairs is exercised by the

central or national government

b. Federal powers of the government are divided between to sets of

organs, one of the national and the other for local affairs

As to the relationship of the between the executive and the legislative

branches of the government

a. Parliamentary legislative and executive bodies are fused together

b. Presidential the executive is constitutionally independent of the

legislature

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2.3 Difference between State & Government

In a popular talk the terms the 'State' and Government" are very often
used synonymously. Common people use them in an identical sense. Even
the king like Louis XIV ignored this distinction when he said. "I am the
State". What he claimed was actually the government and the State whose
authority he had possessed.

The political scientists make a clear distinction between the State and
government. Some of the difficult problems of political science are solved
on the basis of the distinction between the State and government. Some of
the difficult problems of political science are solved on the basis of the
distinction between the State and government.

Here are some of the important differences between the State and
government.

1. The Stale has four elements like population, territory. Government and
sovereignty. Government is a narrow concept and it is an element of the
State. It is rightly said the State is an organic concept in which the
government is a part. Willoughby writes. "By the term government is
designated the organization of the State machinery through which is
designated the organization of the State machinery through which its
purposes are formulated and executed'". Government is an agent of the
State. That is why in a democracy, it is considered as servant and the State
as master. Government is compared with the brain of the living organism;
what the brain is to the man. The government is to the State.

2. The State is more or less permanent and continues from time

immemorial. But the government is temporary. It changes frequently. A
government may come and go, but the State continues for ever. Death of a
ruler or the overthrow of a government in general elections does not mean
the change of the State. If the Janata Government replaces the Congress

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Government, it involves no fundamental changes in the structure of the

State of India.

3. The State is generally composed of all citizens but all of them are not
members of the government. The government consists of only a few
selected citizens. The organ of the government consists of only a few
selected citizens. The organs of the government are executive, legislature
and judiciary. The few selected persons will run these three organs of the
government. Thus, the State is a much broader organization than the
government. Membership of the State is compulsory but not that of the
government.

4. The State possesses sovereignty. Its authority is absolute and unlimited.

Its power cannot be taken away by any other institution. Government
possesses no sovereignty, no original authority, but only derivative powers
delegated by the State through its constitution. Powers of government are
delegated and limited.

5. The State is an abstract concept whereas government is a concrete one.

Nobody sees the State and the State never acts. The government is a
physical manifestation and it acts for the State. It consists of a definite
group of persons who can be seen and known. It is a tangible organization
which can be seen and questioned.

6. All States are identical in character and nature. Whether big or small,
the characteristics of the State do not undergo changes. But governments
are of different types and they may vary form the State to the. State
Various political scientists, have given different classifications of
government. Aristotle had classified government into monarchy, aristocracy
and democracy Marriot has classified government into parliamentary or
presidential and unitary or federal. Thus, there is no uniform pattern of
government. But the State is a universal institution having one single form
with its four essential characteristics.

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7. Lastly the citizens possess rights to go against, government and not

against the State. The State only acts through the government and the
government may commit mistakes and not the State. Thus, the citizens
have only rights to go against the government. Moreover, the State
consists of the citizens, the citizens go against the State, it will mean to go
against themselves. This is an impossible proposition. The State is
therefore, and indestructible union of citizens having the chief
characteristic of permanence and continuity. Government is only a part of
the State.

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