concepts of state, concepts of state, government and government and

constitutionconstitution

overviewoverviewmeaning, elements and meaning, elements and characteristics of a statecharacteristics of a state

forms, types and forms, types and classifications of governmentclassifications of government

meaning purpose and kinds meaning purpose and kinds of constitutionsof constitutions

what is a what is a statestate??a state is an entity that enjoys a state is an entity that enjoys a monopoly over the legitimate a monopoly over the legitimate use of violence over its use of violence over its territory (Max Weber)territory (Max Weber)

elements: population, territory, elements: population, territory, government and sovereigntygovernment and sovereignty

““people”people”answers the question, “who answers the question, “who

governs whom?”governs whom?”no specific number requirementno specific number requirement“…“…the state shall neither be too the state shall neither be too

small nor yet one that seems small nor yet one that seems great but has no unity.” (Plato)great but has no unity.” (Plato)

““territory”territory”answers the question, answers the question,

“where?”“where?”demarcated area that rightly demarcated area that rightly

belongs to the populationbelongs to the populationterrestrial, fluvial, maritime and terrestrial, fluvial, maritime and

aerialaerialshould be permanent and large should be permanent and large

enough to be self-sufficingenough to be self-sufficing

““government”government”the “agency or the “agency or instrumentality through instrumentality through which the will of the state which the will of the state is formulated, expressed is formulated, expressed and realized.” and realized.” (Pointdexter v. Greenhow)(Pointdexter v. Greenhow)

““sovereignty”sovereignty”the supreme and uncontrollable the supreme and uncontrollable

power inherent in a state by power inherent in a state by which the state is governedwhich the state is governed

the supreme power of the state the supreme power of the state to command and enforce to command and enforce obedience to its will within its obedience to its will within its jurisdictionjurisdiction

necessitates freedom from necessitates freedom from external controlexternal control

plenary powers of plenary powers of governmentgovernment

police powerpolice power– the power to establish and enforce lawsthe power to establish and enforce laws

eminent domaineminent domain– the power to appropriate property for the power to appropriate property for

public usepublic usetaxationtaxation

– the power to collect revenue from the power to collect revenue from citizenscitizens

classifications of classifications of governmentsgovernments

““forms” of government refer forms” of government refer to the basic rules by which a to the basic rules by which a nation carries out its policiesnation carries out its policies

there is no standard for the there is no standard for the classification of governmentsclassification of governments

actual arrangements differ actual arrangements differ from theoretical onesfrom theoretical ones

governments: governments: Aristotelian typologyAristotelian typology

Mob RuleMob RuleDemocracyDemocracyManyMany

OligarchyOligarchyAristocracyAristocracyFewFew

TyrannyTyrannyMonarchyMonarchyOneOne

PervertedPervertedIdealIdealNumber of Number of RulersRulers

governments: governments: distribution of powerdistribution of powerunitaryunitarypolicy emanates from the policy emanates from the center and is absolutecenter and is absolute

federalfederalplenary powers of government plenary powers of government are divided between central are divided between central and local governmentsand local governments

governments: governments: structurestructure

parliamentaryparliamentary– fusion between executive and fusion between executive and legislative branches of governmentlegislative branches of government

–the legislature selects the executivethe legislature selects the executivepresidentialpresidential

–characterized by separation of characterized by separation of powerspowers

–directly elected executivedirectly elected executive

constitutionconstitution““that body of rules and principles that body of rules and principles

in accordance with which the in accordance with which the powers of sovereignty are powers of sovereignty are regularly exercised”regularly exercised”

““that written instrument by which that written instrument by which the powers of government are the powers of government are established, limited, defined and established, limited, defined and distributed.”distributed.”

why study the why study the constitutionconstitution

1.1. it is the supreme law of it is the supreme law of the landthe land

2.2. it is the framework within it is the framework within which government power which government power can be understoodcan be understood

constitutions are…constitutions are………enacted or evolved…enacted or evolved…

……written or unwritten…written or unwritten…

……rigid or flexible.rigid or flexible.