STATE

AND
NATION
STATE
• DERIVED
FROM THE LATIN WORD STARE (TO
STAND) – A POLITICAL COMMUNITY THAT
OCCUPIES A DEFINITE TERRITORY; HAVING AN
ORGANIZED GOVERNMENT WITH THE
AUTHORITY TO MAKE AND ENFORCE LAWS
WITHOUT THE CONSENT OF A HIGHER
AUTHORITY AND RECOGNIZED BY OTHER
STATES.
 TERRI
TORY

ELEMENTS SOVERE
PEOPLE OF THE
STATE IGNTY

GOVERN
MENT
PEOPLE – inhabitants
TERRITORY – portions of the earth which is
composed of aerial, fluvial and terrestrial domains
SOVEREIGNTY – refers to the supreme and absolute
power within its territorial boundaries.
GOVERNMENT – refers to the institution or agency
or instrumentalities through which the state
maintains social order, provide public services, and
enforces binding decisions.
MARITIME TERMS
TERRITORIAL SEA – sovereignty including exclusive
fishing rights.
CONTIGUOUS ZONE – coastal state can enforce its
customs, immigration and sanitation laws exercise “hot
pursuit” out of its territorial waters
EXCLUSIVE ECONOMIC ZONE- state has recognized
rights to explore, exploit, conserve and manage the
natural resources (200n.m.)
CONTINENTAL SHELF – exclusive rights to natural
resources up to 350 nautical miles.
HIGH SEAS - beyond EEZ “ common heritage of
humankind”
 TYPES OF
SOVEREIGNTY

EXTERNAL – the freedom

INTERNAL – is the power of the state to carry out its
of the state to rule within activities without
its territory subjection to or control by
other states.
FORMS OF GOVERNMENT
DISTRIBUTION OF POWER
• a) UNITARY GOVERNMENT – power is held by one central
authority
• b) CONFEDERATION - a voluntary association of independent
states that often only delegate a few powers to the central
government. Week or loose organization of states agrees to
follow a powerful central government. Eg. Commonwealth of
Independent States, USSR
• c) FEDERAL GOVERNMENT - divided between one central and
several regional authorities. Eg. Malaysia, USA
CITIZEN PARTICIPATION
• a) Autocracy – form of government wherein one person possesses
unlimited power. The citizen has limited role in the government.
• From social family or strong party.

FORMS OF AUTOCRATIC GOVERNMENT

TOTALITARIAN DICTATORSHIP – ideas of a single leader glorified.
Government tries to control all aspects of economic and social life.
ABSOLUTE MONARCHY – the King, Queen or Emperor exercises the
supreme and unlimited powers of government wherein the position is
usually inherited.
• b) OLIGARCHY – the government by the few. Small group exercises control especially for
corrupt and selfish purposes. The group gets power from military, social power, wealth, religion
or combination.
• Opposition is usually suppressed, sometimes violently. (CHINA)

• c) DEMOCRACY – a government based from the consent of the governed. The people are the
sovereign, thus, they hold the highest political authority.
• Can criticize their leader, high degree of participation in the government.

TYPES OF DEMOCRACY
DIRECT DEMOCRACY – people directly elect their leader who will govern them and perform
governmental functions.
INDIRECT DEMOCRACY - form of government wherein the people will convene in a mass
assembly and directly formulate and express the will of the state.
 HOW GOVERNMENT DETERMINE CITIZEN PARTICIPATION

GOVER GOVER GOVERN

CITIZEN SELECT CITIZEN
NMENT NMENT MENT
POWER ED POWER
POWER POWER CITIZEN POWER
CITIZEN
POWER
POWER

AUTOCRATIC OLIGARCH DEMOCRATIC

LEGITIMACY
• a) DE JURE – a form of government where it has the peoples’ support and
possess constitutional mandate.
• b) DE FACTO – form of government supported by the people but no
constitutional mandate or legal support.
EXECUTIVE AND LEGISLATIVE RELATIONSHIP
• Presidential – a form of government in which the executive branch exists separately
from the legislature. The president is constitutionally independent of the
legislature because they are directly elected by the people.
• PARLIAMENTARY - government in which members of the executive branch
(prime minister, chancellor or premier) are nominated to their position by a
legislature or parliament (can be dissolved by the will of the parliament by
means of NO CONFIDENCE/NO LONGER FUNCTION).
NATION - a human group conscious of forming
a community, sharing a common culture,
attached to a clearly demarcated territory,
having a common past and a common project
for the future and claiming the right to rule
itself’. So awareness, territory, history and
culture, language and religion all matter.
 STATE NATION

IT IS A JURIDICAL CONCEPT IT IS A RACIAL AND ETHNICAL

CONCEPT

IT IS FORMAL IT IS INFORMAL

THERE CAN BE A STATE WITH THERE CAN BE NATION

SEVERAL NATIONS WITHOUT A STATE
EXISTEN
EXISTEN
CE
CE
INDEPEN
DENCE PROPERTY TERRITO
AND RIAL
DOMAIN ACQUISIT
SELF- ION
ESTOPPEL
ESTOPPEL JURISDIC
JURISDIC
DEFENSE
TION
TION

LEGATION

RIGHTS OF THE STATE

EXISTENCE – the right of the state to exist after complying
with all the 4 elements of the state.
INDEPENDENCE – the right of the state to be free from
intervention in its internal affairs from other states.
SELF-DEFENSE – the right of the state to defend it’s
territory and interests against any foreign aggression.
PROPERTY AND DOMAIN – the right of the state to
manage its people and territories under the jurisdiction of
the state.
ESTOPPEL – the equality of the states whether it is
Superpower or a Third World State. The equality is within
the framework of the international law.
 DISCOVERY
AND
OCCUPATION

PRESCRIPTION

TERRITORIAL
ACCRETION ACQUISITION

SUBJUGATION CESSION
OR
BY FORCE
Discovery and Occupation – the need for discovery without any
occupation according to international law.
Prescription – care taker territories coming from the Security
Council.
Cession - ceded by Spain to the United States under the Treaty of
Paris on Dec. 10, 1898.
Subjugation or by Force – conquest and annexation
Accretion or Natural Phenomena – increased by natural growth.

ACCRETION BY ALLUVIUM – natural phenomenon or a human

intervention extending the territories.
ACCRETION BY EROSION – soil expansion with the aids of rains or
rivers.
• JURISDICTION – scope or area or boundaries of defense
by the state at anytime.

• LEGATION – the right of the state to establish

relationships with other states such as formulating
foreign policies and diplomacy.
OBLIGATIONS OF THE STATES
• CAPABLE OF DEALING WITH OTHER STATES SUCH AS ENTERING INTO
MILITARY ALLIANCES OR ECONOMIC AGREEENTS.

• CAPABLE OF JOINING INTERNATIONAL ORGANIZATIONS

PARTICULARLY REGIONAL ECONOMIC FORUMS (APEC AND EU)
UNITED NATIONS ORGANIZATIONS

• CAPABLE OF OBSERVING THE PEACE AND SECURITY WITHIN THE

REGION TO WHICH THE STATE BELONGS SUCH AS SIGNING
AGREEMENTS IN ANTI-PIRACY OR ANTI-TERRORISM.
states evolved from family units.

EVOLUTION
Families grew into large extended

THEORY
family that heads of the family served
as government. Eventually evolved into
tribal councils with hierarchy of
authority.

FORCE Belief that kings are

DIVINE RIGHT chosen to rule the ancient
THEORY state.

CONTRACT
SOCIAL
Governments, emerged when people
were brought under the control of some
power. States emerged from the It existed during the 17th century and
conquest of other families or tribes. the age of enlightenment. People
begin to challenge the monarchy and
the idea of Divine Right

ORIGINS
OF THE
STATE
 The elements
of State and
Nation are
different
State is a Political
Possession of a Organization There can be
Definite while Nation is a two or more
Territory is social, cultural,
Nationalities Nation is
essential for psychological,
emotional and DISTINCTION living in one more stable
the State but
political unity
BETWEEN State than State
not for a Nation
STATE AND NATION
Sovereignty A State can be
is essential created while a
for State but Nation is
The State uses police
not for always the
Nation can be power (force) for
result of
Nation preserving its unity
wider than and integrity, the evolution
the State Nation is bound by
strong cultural and
historical links
1. The elements of State and Nation are different:
The State has four elements—population, territory, government, and
sovereignty. In the absence of even one element, a State cannot be
really a State. A state is always characterized by all these four
elements. On the contrary, a nation is a group of people who have a
strong sense of unity and common consciousness.

Common territory, common race, common religion, common

language, common history, common culture and common political
aspirations are the elements which help the formation of a nation,
and yet none of these is an absolutely essential element. The
elements which go to build a nation keep on changing.
2. State is a Political Organization while Nation is a
social, cultural, psychological, emotional and
political unity.
The State is a political organization which fulfills the
security and welfare needs of its people. It is
concerned with external human actions. It is a legal
entity. On the other hand, a Nation is a united unit of
population which is full of emotional, spiritual and
psychological bonds. A nation has little to do with the
physical needs of the people.
3. Possession of a Definite Territory is essential for the
State but not for a Nation:
It is essential for each State to possess a fixed territory. It is
the physical element of the State. State is a territorial entity.
But for a nation territory is not an essential requirement. A
nation can survive even without a fixed territory. Love of a
common motherland acts as a source of unity. For example,
before 1948 the Jews were a nation even though they had no
fixed territory of their own. When, in 1948, they secured a
definite and defined territory, they established the State of
Israel.
4. Sovereignty is essential for State but not for Nation:

Sovereignty is an essential element of the State. It is the soul of the

State. In the absence of sovereignty, the State loses its existence. It
is the element of sovereignty which makes the state different from
all other associations of the people. It is not essential for a nation to
possess sovereignty.
The basic requirement of a nation is the strong bonds of emotional
unity among its people which develop due to several common
social cultural elements. Before 1947, India was a nation but not a
State because it did not have sovereignty. (State = Nation +
Sovereignty)
5. Nation can be wider than the State:

The State is limited to a fixed territory. Its boundaries can increase

or decrease but the process of change is always very complex.
However a nation may or may not remain within the bounds of a
fixed territory. Nation is a community based on common ethnicity,
history and traditions and aspirations. Obviously its boundaries
can easily extend beyond the boundaries of the State.

For example in a way the French nation extends even to Belgium,

Switzerland and Italy because people in these countries belong to
the same race to which the French claim to belong.
6. There can be two or more Nationalities
living in one State:
There can be two or more than two nations
within a single State. Before the First World
War, Austria and Hungary were one State, but
two different nations. Most of the modern
states are multinational states.
7. Nation is more stable than State:

A nation is more stable than the State. When sovereignty

ends, the State dies, but not the nation. A nation can
survive even without sovereignty. For example, after their
defeat in the World War II, both Germany and Japan lost
their sovereign statuses and outside powers began to
control them. They ceased to exist as States. But as nations
they continued to live as nations, which after some months
regained their sovereign statuses and became sovereign
independent states.
8. A State can be created while a Nation is always the result of
evolution:

A State can be created with the conscious endeavors of the people.

Physical elements play an important role in the birth of a State. For
example, after the Second World War, Germany got divided into
two separate states West Germany and East Germany. But
Germans remained emotionally as one nation.
Ultimately in Oct., 1990 the Germans again got united into a single
state. In 1947 Pakistan was created out of India as a separate State.
A nation is a unity of the people which emerges slowly and steadily.
No special efforts go into the making of a nation.
9. The State uses police power (force) for preserving its unity and integrity,
the Nation is bound by strong cultural and historical links:
State has police power. Those who dare to disobey it are punished by the
state. A nation does not have police power or force or coercive power. It is
backed by moral, emotional and spiritual power. A nation survives on the
power of sense of unity of the people. A nation appeals, the State orders; a
nation persuades, a States coerces; and a nation boycotts, the State punishes.
State is a political organization, while the nation is a unity.

State and nation do not have the same boundaries, and yet there is a
tendency for a nation and state to be one. Most of the nations today stand
organized into different states. Most of the modern States are multinational
States. The modern state is called a nation-state because all the (nationalities)
living in one state stand integrated into one nation.
 POLICE POWER – power to regulate freedoms and
property rights of the individual for the protection
of public safety, health and morals. Welfare of the
people

EMINENT DOMAIN– power to take private property

for public use upon payment of just compensation.
INHERENT
POWERS OF THE
STATE TAXATION– power to take private property for public
use upon payment of just compensation.
 CHARACTERISTICS OF TAXATION

UNIFORM TAXATION – persons or things belonging to

the same class shall be taxed at the same rate.

EQUITABLE TAXATION – tax burden must be imposed

according to taxpayer capacity to pay.

PROGRESSIVE TAXATION –as the

resources of the
taxpayer becomes higher his rates likewise
increases.
CITIZENSHIP
CITIZENSHIP
• THE MOST BASIC IDENTIFICATION OF AN INDIVIDUAL WITH THE NATION.
• A MEMBER OF A DEMOCRATIC COMMUNITY WHO ENJOYS FULL CIVIL AND
POLITICAL RIGHTS AND IS ACCORDED PROTECTION INSIDE AND OUTSIDE THE
TERRITORY OF THE STATE.

• (NATIONALITY IS MORE OF ETHNIC OR CULTURAL CONCEPT, CITIZENSHIP IS

POLITICAL, DENOTES THE STATUS OF BEING A CITIZEN)
 RIGHTS : TO LIVE, VOTE, WORK,
ACQUIRE PROPERTY ETC. LANGUAGE , RELIGION

RIGHTS AND PRIVILEGES INVOLVES INDIVIDUAL ETHNIC ORIGIN

CITIZENSHIP-NATIONALITY

PAY TAXES, LOYALTY TO THE COUNTRY,

LEGALLY BOUND TO PROTECT THE
COUNTRY IN TIMES OF WAR, OBEY
CUSTOMS, BELIEFS
LAWS,PARTICIPATION IN POLITICAL
PROCESS
CULTURE

RESPONSIBILITY AND OBLIGATION

CITIZENSHIP ( building a sense of
community with regard to both rights and
obligations of the individuals)

A BUNDLE OF RIGHTS AND DUTIES AND

BY AN AWARENESS OF OTHERS IN A
SIMILAR POSITION. March and Olsen 1995 and Diokno 1997
 Is it possible for the individual to
have a nationality and at the same
time possesses citizenship in
another country?
NATURALI
ZATION
 Born on Jan. 17,
citizens during the Fathers or mothers Naturalized in
1973, of Filipino
adoption of the are citizen of the accordance with
mothers who elect
1987 constitution Philippines law
Phil. citizenship

CITIZENS OF THE PHILIPPINES

 WAYS OF
LOSING
CITIZENSHIP

VOLUN INVOLUN
TARY TARY
cancellation
of
Declared as
certificate
a deserter in
of
times of war
naturalizati
on

INVOLUN
TARY
 VOLUNTARY LOSING
OF CITIZENSHIP

Natura-
lization expressing
Rendering
in foreign renunciation of
country citizenship service to the
supporting armed forces
the constitution of the other
and laws of country
foreign
country
 Ways of
Reacquiring
citizenship

By
Repatriation of naturalization
By a direct
deserters of the
act of
Philippine Armed
Congress
Forces