THE STATE

INTRODUCTION:

The State is a concept in political science, which refers to a group of people, permanently
occupying a definite territory, under the rule of a sovereign government (De Leon, 2008).

OBJECTIVES:

 In this section, students are expected to:

 Know the different elements of the State.
 Understand the difference between De jure Government and De facto Government.
 Identify the different classifications of Government.
 Distinguished Presidential Form of Government to Parliamentary Form of Government.
 Differentiate a State from a Nation.

PRE-TEST:

Supply the missing letter in order to form the key words in each number.

1. _ O N _ _ _ T U T _ _ N A _ M O N _ _ _ H Y (monarch)
2. D _ _ _ C R _ _ Y (majority)
3. _ L I _ _ _ C H _ (small group of people)
4. _ _ U T O _ _ A _ Y (wealthy class)
5. T H _ _ _ _ A C Y (religious elites)
6. A _ A _ C _ I _ M (absence of government)
7. _ _ _ _ L (civilians)
8. H E R _ _ _ _ _ _ Y (predecessors)
9. _ _ _ T A T _ _ _ H I P (full power)
10. _ _ T H O R _ _ _ _ I A N _ _ _ (nonelected rulers)

ESSENTIAL ELEMENTS OF THE STATE

1. PEOPLE. The term people refer to the inhabitants of a state. They are regarded as a single unit
and must come from both sexes so as to be able to perpetuate themselves. There is no legal
requirement regarding the size of a state’s population. For practical purposes however, it is
desirable that the population be big enough to be able to sustain itself and maintain its security
and small enough to be easily governed.

2. TERRITORY. This refers to the fixed portion of the surface of the Earth on which the population
of a state resides. It must be fixed so that the jurisdiction of the state may be ascertained. From the
practical standpoint however, the territory should be big enough to be able to provide for the
needs of the inhabitants and small enough to be easily administered and defended. A state may be
created in any of the following ways:
  Discovery. This is an original mode of acquisition by which territory not belonging to any
state, or terra nullius, is placed under the sovereignty of the claiming state. A territory may
also have been abandoned by a prior occupant. There is abandonment when the occupant
leaves the territory with the intention of abandoning it. The outer space and the open sea
are not subject to discovery and occupation because they are res communes, belonging to
all the object of any mode of acquisition.
 Conquest or subjugation. It is a derivative mode of acquisition by which the territory of one
state is conquered in the course of war and thereafter annexed and placed under
sovereignty of the conquering state.
 Accretion. This is the increase of property by gradual and natural additions. Accretion may
be through avulsion or alluvion. Avulsion is accretion which takes place whenever the
current of a river, creek, torrent or lake segregates from an estate on its bank, a known
portion of land, and transfers it to another state. Alluvion occurs when the lands adjoining
the banks of river, creek, torrents or lakes gradually receive from the current of the waters.
 Prescription. It is a derivative mode of acquisition by which a territory belonging to one
state is transferred to the sovereignty of another state by reason of the adverse and
uninterrupted possession thereof by the latter for a sufficiently long period of time.
 Cession through gift, exchange or purchase. It is a derivative mode of acquisition by which
a territory belonging to one state is transferred to the sovereignty of another state in
accordance with an agreement or treaty between them.

3. GOVERNMENT. This is defined as that institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are necessary to enable
men to live in a social State or which are imposed upon the people forming hat society by those
who possess the power of authority of prescribing them. Government is the aggregate of
authorities which rule a society.

Categories of Government:

 De Jure Government. It is a government of right; a government established according to the

Constitution of the State, and lawfully entitled to recognition and supremacy and the
administration of the State, but is actually ousted from power or control, it is the true and
lawful government.
 De Facto Government. It is that government which unlawfully gets the possession and
control of the rightful legal government, and maintains itself there by force and arms
against the will of the rightful legal government, and claims to exercise its powers. It is a
government of fact.

Classification of Government:

1. Constitutional Monarchy. A government that has a monarch, but his/her power is strictly
limited by the government.
2. Constitutional Republic. This refers to the rule by a government composed of
representatives who are voted into power by the people.
3. Democracy. The rule by a government where all [citizens] are represented but power is
held by the majority.
 4. Dictatorship. A government ruled by an individual who has full power over the country.
5. Monarchy. An individual who has inherited his power to rule and expects to bequeath
such power to his heir.
6. Oligarchy. A state ruled by a small group of people who share similar interests or family
relations.
7. Plutocracy. A government composed of the wealthy class.
8. Theocracy. This refers to the rule by religious elites.

Other Classifications:

1. Anarchism.