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Governments and citizen in a globally
interconnected world of States
Sir Malit
The State and the Government
Garner, as cited by Aruego (1994), defines the state
as a community of persons, more or less
numerous, permanently occupying a territory,
completely free of external control, and possessing
an organized government to which the great body
of its inhabitants render habitual independence. It
is not similar to nation. This is because a nation is
but a group of people bound together by a
common culture. While state is a political concept,
nation is a cultural concept.
• It is not also synonymous with the term
government. Government is but one of the
elements comprising the state. It is through
the government that the will of the state is
expressed. Without this element, a state
cannot exist. Another source of difference
between these two concepts is
permanence. For of Government can be
modified but the state remains unchanged
as long as its essential elements are
present.
The Elements of State
STATE
People Territory Government Sovereignty
THEORIES ON THE ORIGIN OF THE STATE
Divine Right Theory
• According to this theory, God created the state.
He anointed the ruler to rule the people. Thus,
the ruler’s mandate to rule originated from God.
This theory used by monarchs during the olden
times to justify their absolute rule over their
subjects.
The divinity of the Emperors of
Japan
• The Japanese concept of the divinity of the Emperor is often
misunderstood by Westerners. Neither the Emperor nor most of his
people ever thought that the Emperor was a God in the sense of
being a supernatural supreme being.
• From the 6th century onwards it was accepted that the Emperor
was descended from the kami (in this context gods), was in contact
with them, and often inspired by them.
• This didn't make him a god himself, but rather imposed on him the
obligation of carrying out certain rituals and devotions in order to
ensure that the kami looked after Japan properly and ensured its
prosperity.
Force Theory
• This theory asserts that the state emerged as a consequence of
invasion, occupation, force or coercion. Prior to the existence of
the state, there were those who were able to force others to
accept their leadership through sheer force, invasion, and
occupation. These powerful leaders, therefore, imposed their
will upon the weak, which gave rise to the state.
Paternalistic Theory
• This theory attributes to the expansion of the family the origin
of the state. As a consequence of the intermarriages of
children, the family grew into a clan, the clan into tribe, and a
tribe into a nation. As the head of the family, the father
governed as the chief ruler of the institution.
Rousseau’s Social Contract
• This theory asserts that the people deliberately surrendered
their individual rights to form a society and government for
their common good. In this agreement, people were to
surrender their individual rights and obey the government in
consideration of a just ruler. Nonetheless, when the ruler
becomes unjust and fails to run for their welfare, the people
can cease obeying the government and its ruler.
Hobbes’ Social Contract
• This theory claims that the natural state of humans is constant war
with each other. Society, therefore, arose only by convention. From
self-interest, people make peace and security inasmuch as they
delegate total power to the state. Once this happens, the decrees of
the king are absolute in all areas of life, including the family and
religion. Hobbes, further, asserted that rebellion against the state
breaks society’s basic contract and is punishable by whatever
penalty the ruler may exact in order to protect his subjects from a
return to the original state of nature.
Locke’s Social Contract
• According to this theory, the state was established to preserve the natural
rights of its citizens. Unlike Hobbes, Locke believe that man in a state of
nature is happy and tolerant one. The agreement between the people and
the ruler preserves the pre-existent natural rights of the individual to life,
liberty, and property and that the enjoyment of private rights and the
pursuit of happiness leads to a civil society for the common good.
Furthermore, this theory states that when the government fails in its task of
preserving these natural rights, the citizens have the right and duty to
withdraw their support and even rise up in arms against the government.
Instinctive Theory
• This theory claims that the state originated from the natural
tendencies of people to live in an organized society. Political
institutions came into being as consequence of people’s instinct
to bind themselves as social beings. Thus, the state emerged as
a result of the institutionalized expression of the people’s desire
for political association.
Economic Theory
• Proponents of this theory believes that the state came into
being as a consequence of man’s numerous and diverse
material needs and wants. As man cannot satisfy his needs and
wants by himself alone, he had to interact and associate with
his fellow in society. This association and interaction between
and among men led to the creation of the state.
Historical or Evolutionary Theory
• This theory averts that the state results from a gradual process
or evolutionary growth that had been part of the history of
humanity. Since the state is like a living organism, it has the
capacity to grow, wither, and develop.
The Inherent Rights and Fundamental Powers of the
State
A state has inherent rights and fundamental powers (Muñoz and Muñoz, 2002).
Among the inherent rights of the state are the following:
1. Right to Existence- It is the right of the state to exist as sovereign and
independent state.
2. Right to Self Preservation- It refers to the right of a state to use force against
other states that threatens its existence as an independent state.
3. Right to Property and Domain- It is the right of the state to claim absolute
right to ownership of everything within its territorial jurisdiction.
4. Right of Jurisdiction- It is the right of a state to exercise its authority over all
things and people within its territory.
5. Right of Legation- It is the right of a state to establish diplomatic ties with
other states for political, economic, military, or socio-cultural reasons.
There are however, three fundamental powers of a
state: Power of Eminent Domain, Police Power, and
Power of Taxation.
TMalit
Philippine
Government and
New Constitution
Inherent Powers of
the State
Funds
Safety
Propert
y
Similarities of these Powers
• They are inherent.
•They are indispensable.
Similarities of these Powers
• These are methods of the government to
interfere with private rights.
• They all presuppose an equivalent
compensation for the private rights
interfered with.
• They are exercised primarily by the
legislative branch of the state.
Limitations of these Powers
• These powers can’t be exercised to trample rights
guaranteed under the Bill of Rights
▪ Exercise of these powers are subject at all
times to the limitations and
requirements of the constitution.
Police Power
•Is the power to enact and
enforce the law for
regulation of public order
and welfare.
Police Power
Police Power
Under PNP
AFP Chain of Command
AFP Chain of Command
Rodrigo R. Duterte
Commander in Chief
Mj. Gen. Gilbert Gapay
Phil. Army
Vice Admiral Geovanni Carlo Bacordo
Phil. Navy
Lt. Gen. Allen Paredes
Phil. Air Force
Lt. General Felimon Santos JR.
AFP Chief
Department of Justice
•Police power is considered
the most pervasive, the
least limitable and the
most demanding power.
Police Power:
Characteristics
•Police power is dynamic,
not static and must move
with the moving society it
is supposed to regulate
Police Power:
Characteristics
•Police Power may sometimes
use taxing power as an
implement for the
attainment of a legitimate
police objective
Police Power:
Characteristics
Power of Expropriation
Power of Expropriation
Is the power to take private
property for public use.
Power of Expropriation
Power of Expropriation
Necessity
Requisites on Expropriation
Private Property
Just Compensation
Power
of Taxation
Tell Me, What’s Wrong With the Picture?
Power
of Taxation
Power to impose and collect
revenues for the operation of
the government for the
people.
Power
of Taxation
BIR is responsible of
collecting, assessing and
imposing taxes to be used for
public operations of the
government.
Power
of Taxation
The purpose of taxation is to
raise funds to support the
government and the services for
the public.
Power
of Taxation
The importance of taxation is
derived from the unavoidable
obligation of the government to
protect the people and extend
benefits.
Power
of Taxation
Inherent in sovereignty
Nature
Essentially legislative function
THE POLITICAL, LEGAL AND REGULATORY
ENVIRONMENT AMONG STATES
The Political Environment
• Globalization in the context of governance takes place within
the political environment of governmental institutions, political
parties, and organization through which a country’s people and
rulers exercise power.
• Each nation as we know has a political culture, which reflects
the relative importance of the government and legal system
and provides a context within which individuals and
corporations doing business outside its home country should
carefully study the political culture in the target country and
analyze salient issues arising from the political environment.
Seizure of Assets
• The ultimate threat a government can pose toward a company
is seizing assets. Expropriation refer to government action to
dispossess a foreign company or investor. Compensation is
generally provided, although not often in a “prompt, effective,
and adequate” manner provided for by international standards.
• If no compensation is provided, the action is referred to as
confiscation.
• Nationalization is generally broader scope than expropriation. It
occurs when the government takes control of some or all
enterprises in a particular industry.
International Law
• International law may be defined as the rules and principles
that nation-states consider binding upon themselves.
• The court whose function is to decide in accordance with
international law, such disputes are submitted to it, shall apply.
A. International conventions, whether general or particular,
establishing rules and expressly recognized by the contesting
states;
B. International customs, as evidence of a general practice are
accepted as law;
C. The general principles of law recognized by civilized nations;
and
D. Subject to provisions of Article 59, judicial decisions, and the
teaching of the most highly qualified publicist of various
nations, as subsidiary means for the determination of the rules
of law.
Common Law and Civil Law
• Private international law is the body of law that applies to
disputes arising from commercial transactions between
companies of different nations.
• A Civil-law country is one in which the legal system reflects the
structural concepts and principles of the Roman Empire in the
sixth century.
• In common-law countries, many disputes are decided by
reliance on the on the authority of past judicial decisions.
• In common-law countries, companies are legally incorporated
by state authority.
• In civil-law countries, companies are formed by contract
between two or more parties who are fully liable for actions of
the company.
Islamic law
(Sharia Law)
• The legal system in many Middle Eastern countries is identified
with the law of Islam, which are associated with “the one and
only God, the Almighty”
• In Islamic Law, the Sharia is a comprehensive code governing
Muslim conduct in all areas of life, including business.
Kinds of Law
• Criminal Law
• International Law
• Labor Law
• Political Law
• Corporate Law
• Property Law
• Constitutional Law
• Administrative Law
• Public Law
• Private Law
• Sharia Law
BRIBERY AND CORRUPTION:
LEGAL AND ETHICAL ISSUES
The top 10 most corrupt nations according to the 2019 U.S. News
and World Report rankings are:
1. Denmark
2. New Zealand
3. Finland
4. Switzerland
5. Singapore
6. Sweden
7. Norway
8. Netherlands
9. Luxembourg
10. Germany
The Philippines Current Rank: 113
The United States of America: 23
Assignment:
•List down at least 5 types of
Government and its description.
Indicate which country does it
belong.
•Typewritten

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Governments and citizens in a globally interconnected world

  • 1. Governments and citizen in a globally interconnected world of States Sir Malit
  • 2. The State and the Government
  • 3. Garner, as cited by Aruego (1994), defines the state as a community of persons, more or less numerous, permanently occupying a territory, completely free of external control, and possessing an organized government to which the great body of its inhabitants render habitual independence. It is not similar to nation. This is because a nation is but a group of people bound together by a common culture. While state is a political concept, nation is a cultural concept.
  • 4. • It is not also synonymous with the term government. Government is but one of the elements comprising the state. It is through the government that the will of the state is expressed. Without this element, a state cannot exist. Another source of difference between these two concepts is permanence. For of Government can be modified but the state remains unchanged as long as its essential elements are present.
  • 5. The Elements of State STATE People Territory Government Sovereignty
  • 6. THEORIES ON THE ORIGIN OF THE STATE
  • 7. Divine Right Theory • According to this theory, God created the state. He anointed the ruler to rule the people. Thus, the ruler’s mandate to rule originated from God. This theory used by monarchs during the olden times to justify their absolute rule over their subjects.
  • 8. The divinity of the Emperors of Japan • The Japanese concept of the divinity of the Emperor is often misunderstood by Westerners. Neither the Emperor nor most of his people ever thought that the Emperor was a God in the sense of being a supernatural supreme being. • From the 6th century onwards it was accepted that the Emperor was descended from the kami (in this context gods), was in contact with them, and often inspired by them. • This didn't make him a god himself, but rather imposed on him the obligation of carrying out certain rituals and devotions in order to ensure that the kami looked after Japan properly and ensured its prosperity.
  • 9. Force Theory • This theory asserts that the state emerged as a consequence of invasion, occupation, force or coercion. Prior to the existence of the state, there were those who were able to force others to accept their leadership through sheer force, invasion, and occupation. These powerful leaders, therefore, imposed their will upon the weak, which gave rise to the state.
  • 10. Paternalistic Theory • This theory attributes to the expansion of the family the origin of the state. As a consequence of the intermarriages of children, the family grew into a clan, the clan into tribe, and a tribe into a nation. As the head of the family, the father governed as the chief ruler of the institution.
  • 11. Rousseau’s Social Contract • This theory asserts that the people deliberately surrendered their individual rights to form a society and government for their common good. In this agreement, people were to surrender their individual rights and obey the government in consideration of a just ruler. Nonetheless, when the ruler becomes unjust and fails to run for their welfare, the people can cease obeying the government and its ruler.
  • 12. Hobbes’ Social Contract • This theory claims that the natural state of humans is constant war with each other. Society, therefore, arose only by convention. From self-interest, people make peace and security inasmuch as they delegate total power to the state. Once this happens, the decrees of the king are absolute in all areas of life, including the family and religion. Hobbes, further, asserted that rebellion against the state breaks society’s basic contract and is punishable by whatever penalty the ruler may exact in order to protect his subjects from a return to the original state of nature.
  • 13. Locke’s Social Contract • According to this theory, the state was established to preserve the natural rights of its citizens. Unlike Hobbes, Locke believe that man in a state of nature is happy and tolerant one. The agreement between the people and the ruler preserves the pre-existent natural rights of the individual to life, liberty, and property and that the enjoyment of private rights and the pursuit of happiness leads to a civil society for the common good. Furthermore, this theory states that when the government fails in its task of preserving these natural rights, the citizens have the right and duty to withdraw their support and even rise up in arms against the government.
  • 14. Instinctive Theory • This theory claims that the state originated from the natural tendencies of people to live in an organized society. Political institutions came into being as consequence of people’s instinct to bind themselves as social beings. Thus, the state emerged as a result of the institutionalized expression of the people’s desire for political association.
  • 15. Economic Theory • Proponents of this theory believes that the state came into being as a consequence of man’s numerous and diverse material needs and wants. As man cannot satisfy his needs and wants by himself alone, he had to interact and associate with his fellow in society. This association and interaction between and among men led to the creation of the state.
  • 16. Historical or Evolutionary Theory • This theory averts that the state results from a gradual process or evolutionary growth that had been part of the history of humanity. Since the state is like a living organism, it has the capacity to grow, wither, and develop.
  • 17. The Inherent Rights and Fundamental Powers of the State A state has inherent rights and fundamental powers (Muñoz and Muñoz, 2002). Among the inherent rights of the state are the following: 1. Right to Existence- It is the right of the state to exist as sovereign and independent state. 2. Right to Self Preservation- It refers to the right of a state to use force against other states that threatens its existence as an independent state. 3. Right to Property and Domain- It is the right of the state to claim absolute right to ownership of everything within its territorial jurisdiction. 4. Right of Jurisdiction- It is the right of a state to exercise its authority over all things and people within its territory. 5. Right of Legation- It is the right of a state to establish diplomatic ties with other states for political, economic, military, or socio-cultural reasons.
  • 18. There are however, three fundamental powers of a state: Power of Eminent Domain, Police Power, and Power of Taxation.
  • 22. Similarities of these Powers • They are inherent. •They are indispensable.
  • 23. Similarities of these Powers • These are methods of the government to interfere with private rights. • They all presuppose an equivalent compensation for the private rights interfered with. • They are exercised primarily by the legislative branch of the state.
  • 24. Limitations of these Powers • These powers can’t be exercised to trample rights guaranteed under the Bill of Rights ▪ Exercise of these powers are subject at all times to the limitations and requirements of the constitution.
  • 26. •Is the power to enact and enforce the law for regulation of public order and welfare. Police Power
  • 29. AFP Chain of Command
  • 30. AFP Chain of Command Rodrigo R. Duterte Commander in Chief Mj. Gen. Gilbert Gapay Phil. Army Vice Admiral Geovanni Carlo Bacordo Phil. Navy Lt. Gen. Allen Paredes Phil. Air Force Lt. General Felimon Santos JR. AFP Chief
  • 32. •Police power is considered the most pervasive, the least limitable and the most demanding power. Police Power: Characteristics
  • 33. •Police power is dynamic, not static and must move with the moving society it is supposed to regulate Police Power: Characteristics
  • 34. •Police Power may sometimes use taxing power as an implement for the attainment of a legitimate police objective Police Power: Characteristics
  • 36. Power of Expropriation Is the power to take private property for public use.
  • 38. Power of Expropriation Necessity Requisites on Expropriation Private Property Just Compensation
  • 40. Tell Me, What’s Wrong With the Picture?
  • 41. Power of Taxation Power to impose and collect revenues for the operation of the government for the people.
  • 42. Power of Taxation BIR is responsible of collecting, assessing and imposing taxes to be used for public operations of the government.
  • 43. Power of Taxation The purpose of taxation is to raise funds to support the government and the services for the public.
  • 44. Power of Taxation The importance of taxation is derived from the unavoidable obligation of the government to protect the people and extend benefits.
  • 45. Power of Taxation Inherent in sovereignty Nature Essentially legislative function
  • 46. THE POLITICAL, LEGAL AND REGULATORY ENVIRONMENT AMONG STATES
  • 47. The Political Environment • Globalization in the context of governance takes place within the political environment of governmental institutions, political parties, and organization through which a country’s people and rulers exercise power.
  • 48. • Each nation as we know has a political culture, which reflects the relative importance of the government and legal system and provides a context within which individuals and corporations doing business outside its home country should carefully study the political culture in the target country and analyze salient issues arising from the political environment.
  • 49. Seizure of Assets • The ultimate threat a government can pose toward a company is seizing assets. Expropriation refer to government action to dispossess a foreign company or investor. Compensation is generally provided, although not often in a “prompt, effective, and adequate” manner provided for by international standards.
  • 50. • If no compensation is provided, the action is referred to as confiscation. • Nationalization is generally broader scope than expropriation. It occurs when the government takes control of some or all enterprises in a particular industry.
  • 51. International Law • International law may be defined as the rules and principles that nation-states consider binding upon themselves.
  • 52. • The court whose function is to decide in accordance with international law, such disputes are submitted to it, shall apply.
  • 53. A. International conventions, whether general or particular, establishing rules and expressly recognized by the contesting states; B. International customs, as evidence of a general practice are accepted as law;
  • 54. C. The general principles of law recognized by civilized nations; and D. Subject to provisions of Article 59, judicial decisions, and the teaching of the most highly qualified publicist of various nations, as subsidiary means for the determination of the rules of law.
  • 55. Common Law and Civil Law • Private international law is the body of law that applies to disputes arising from commercial transactions between companies of different nations. • A Civil-law country is one in which the legal system reflects the structural concepts and principles of the Roman Empire in the sixth century.
  • 56. • In common-law countries, many disputes are decided by reliance on the on the authority of past judicial decisions. • In common-law countries, companies are legally incorporated by state authority. • In civil-law countries, companies are formed by contract between two or more parties who are fully liable for actions of the company.
  • 57. Islamic law (Sharia Law) • The legal system in many Middle Eastern countries is identified with the law of Islam, which are associated with “the one and only God, the Almighty” • In Islamic Law, the Sharia is a comprehensive code governing Muslim conduct in all areas of life, including business.
  • 58. Kinds of Law • Criminal Law • International Law • Labor Law • Political Law • Corporate Law • Property Law • Constitutional Law • Administrative Law • Public Law • Private Law • Sharia Law
  • 59. BRIBERY AND CORRUPTION: LEGAL AND ETHICAL ISSUES
  • 60. The top 10 most corrupt nations according to the 2019 U.S. News and World Report rankings are: 1. Denmark 2. New Zealand 3. Finland 4. Switzerland 5. Singapore 6. Sweden 7. Norway 8. Netherlands 9. Luxembourg 10. Germany The Philippines Current Rank: 113 The United States of America: 23
  • 61. Assignment: •List down at least 5 types of Government and its description. Indicate which country does it belong. •Typewritten

Notes de l'éditeur

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