Introduction to the Fundamentals

of Political Science

MODULE 2
THE STATE
We learned that political science is concerned with the systematic study of politics
which relates to the activities of human beings associated with one another in the relationships
of power, authority, rule and influence where conflicts occurred. Central to the study is the
state – its government and institutions, the relations of the state with citizens and other
associations in society, the relations of the state with other states, etc.

This discusses the meaning and nature of the state, including its purposes. The study of
the state has preoccupied the minds of political scientists from the ancient period of the Hebrew
tribes as narrated in the Bible to the days of ancient Athens when the Greek city-state came into
being, and to the development of nation-states in modern times.

LEARNING OUTCOMES
1. Discuss the concept of state and its elements.
2. Distinguished state from nation.
3. Explain the characteristics of sovereignty.
4. Trace the origin of state based on some theoretical perspectives.
5. Analyze the rights and obligations of the state.

L The Meaning and Nature of State

E
S The state is as basic an element to political science, as money is to economists, or the
mind is to psychologists as a central focus of study. The state in political science is
S unique of all human institutions. It is unique because of the following reasons:
O (1) The state alone has the right to use force;
N (2) It is inclusive, for all departments of life within its area are under its control
(3) Entry into it is compulsory for everybody – everyone everywhere must be a citizen

3 of some state; and

(4) It has complete independence and sovereignty over its area.

As defined by Garner, State is a community of persons more or less

What is numerous, permanently occupying a definite portion of territory, having a
government of their own to which the great body of inhabitants render
a State? obedience, and enjoying freedom from external control. This above
definition gives the four elements of a state, namely: PEOPLE, TERRITORY,
GOVERNMENT and SOVEREIGNTY. As the absolute test of sovereignty, a State must enjoy the
recognition of the family of sovereign states. In the case of the Philippines, the country became
a member of the Family of Nations, and the United Nations Organizations. The Philippines
became part of the United Nations during the American period, and later became a member of
the Family of Nations when it gained independence in 1946 from American colonial power. By
Family of Nations, it refers to the unorganized group of Independent States, regardless of
whatever form of government a state may possess during membership. Hence, a state belongs to

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a Family of Nations should due recognition is accorded the state by the sovereign community of
States, and through such act, granted the State a legal and international personality.

It is worthy to make a distinction between a state and

State Distinguished a nation for these two concepts are being mistaken as
from Nation one and the same when in reality, it has several
differences. Nation should not be confused with state
as they are not the same.
(1) The state is a political concept, while nation is an ethnic concept. A nation is a group
of people bound together by certain characteristics such as common social origin, language,
customs and traditions, and who believe that they are one and distinct from others. The term is
more strictly synonymous with “people”. A state is a political concept as it is constituted by
people and is governed by an instrumentality where people render obedience. It expresses a
large degree of control and power not only in the management of its internal affairs, but foreign
affairs as well. As a political and legal entity, the State possesses juridical personality, being an
independent country, pursuing her national interests in relation with other States in
international politics. States do enjoy rights to equality, diplomatic legation, property and
domain. A state conducts relation with other countries abroad in the exercise of her right to self-
preservation, without the interference of any other State.;
(2) A state is not subject to external control while a nation may or may not be independent
of external control; and
(3) A single state may consist of one or more nations or peoples and conversely, a single
nation may be made up of several states. The United States is a melting pot of several nationalities.
On the other hand, the Arab nation is divided politically into several sovereign states. Among
them are Egypt, Saudi Arabia, Jordan, Syria, Lebanon and others. The Philippines is a state
composed of one nation.

A nation-state occurs when a nation and a state largely coincide, for example Egypt,
Hungary, and Japan. The terms state building and nation building are most often used these days
are synonyms to refer to the process of building or rebuilding state institutions to create a
legitimate and sustainable state.

In common speech, they are usually regarded as

State Distinguished identical. As ordinarily, the acts of the government
from Government (within the limits of the delegation of powers) are the
acts of the state, the former is meant when the latter
is mentioned, and vice versa.
The government is only the agency through which the state expresses its will. A state
cannot exist without a government, but it is possible to have a government without a stat. thus,
we had various governments at different periods of our history, from pre-Spanish times to the
present. There was no Philippine state during those periods when we were under foreign
domination.
A government may change, its form may change, but the state, as long as its essential
elements are present, remains the same.

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Elements of A State
The definition of Garner of state mentions the four essential elements of the state: PEOPLE,
TERRITORY, GOVERNMENT, and SOVEREIGNTY.

The State is a human institution. Hence,

PEOPLE its population is its first and foremost
element. People refers to the mass of population living within
the state. Within people there can be no functionaries to
govern and no subjects to be governed. There is no
requirement as to the number of people that should compose
a state. But it should neither be too small nor too large; small
enough to be well-governed and large enough to be self-
sufficing.

Reputedly, the smallest state in point of population is the Vatican. Its estimated 800 citizens,
mainly clerics and some Swiss guards are ruled by the Pope. China is the largest state in point of
population at 1.42 billion at the end of 2018 according to World Bank while the Philippines,
according to the World Bank, is estimated to have a population of about 106.7 million as of
2018, composed mostly of Malays and Chinese.

The essential factors affecting people as element of the States are:

(a) Population. This refers to the demographic profile of the State, which includes the
population structure, the trend, and the military age buildup. As the term population
suggests, it refers to the number or volume of the people in a political area. The people
are the strength of the State. In achieving, a national power, (1) the people should have
potentials and skills for hard work; (2) work efficiency in labor; and (3) education.
(b) Political Culture. Another aspect which significantly affects the status of the State is the
political culture of the people. A sense of political awareness that aims to support the
government of its pronounced programs and policies, including the willingness to
sacrifice personal interest for bigger and collective interest. In fact, economic stability
helps strengthen national power. A country with sustained high-level employment for its
workers and steadily increasing productivity and living standard is more likely to have a
satisfied and non-revolutionary population.
(c) Nationalism and Patriotism. “More than just a sentiment of love or affection or a feeling
of patriotism for one’s country, nationalism is a philosophy or doctrine of what a country
is, what its goals are, and how it is to achieve those goals.” The effectiveness of the
government depends on the support of the people. It can be said that the form of
government a State has may not all be significant, after all what is essential is how the
people behave with their founded government, and how they live up with its goals and
aspirations.

A state without a territory is no state at all. Territory includes not only

TERRITORY the land over which the jurisdiction of a state extends, but also the rivers
and lakes therein, a certain area of the sea which abuts upon its coasts and the air space above
it. Thus, the domain of the state may be described as terrestrial, fluvial, maritime and aerial. The
smallest state in point of territory is Vatican, located just outside the western boundary of Rome
with an area of 0.17 square mile or 0.44 square kilometers. It would fit in Rizal Park in Manila.
It is the smallest independent nation in the world. The Republic of Nauru has an area of about 8
square miles or 21 square kilometers. The former Soviet Union was the larger state in point of

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territory with its total land area of about 8, 599, 776 square
miles or 22, 273, 410 square kilometers. Canada has an area
of about 3, 849, 674 square miles or about 9, 970, 610 square
kilometers which converse a surface nearly as large as Europe.
The Philippines has a total land area of about 115, 813 square
miles or about 299, 955 square kilometers.
A state may either expand or shrink its territory through
various cited modes prescribed under international law, to
wit:
a. Discovery and Subjugation. A mere discovery of a
territory would not ripen the ownership claim or the title into perfection, it is imperative
that the claimant would pursue effective occupation and subjugation, which must
immediately proceed following such discovery.
b. Conquest. The force application of either imperialism or colonialism on weakling or loose
lands leads to the acquisition or dispossession of a new or old territory, as the case may be.
c. Accretion. Boundaries or territorial extents, however, are changeable and are definite
given the forces of nature or earthly movements.
d. Cession. Lands may be acquired or disowned by either of the following terms or modes: by
gift or token, by purchase, or exchange.
e. Prescription. Lands may be acquired over the period of time or it may be lost through lapse
of time.

refers to the agency through which

GOVERNMENT the will of the state is formulated,
expressed and carried out. The word is sometimes used to refer to
the person or aggregate of those persons whose hands are placed
for the time being the function of political control. This “body of
men” is usually spoken of as “administration.” The ordinary
citizens of country are a part of the state, but are not part of the
government.

may be defined as the supreme power of the state to command and

SOVEREIGNTY enforce obedience to its will from people without its jurisdiction
and to have freedom from foreign control. It has, therefore, two manifestations:
• internal or the power of the state to rule within its territory, and
• external or the freedom of the state to carry out its activities without subjection to
or control by other states. External sovereignty is often referred to as independence.
These internal and external aspects of sovereignty are not absolutely true in practice because of
the development of international relations and consequently, of international law.

Principles of ▪ Auto-Limitation. It purports that any State may by its consent,

expressed, or implied, submit to a restriction of its sovereign rights.
Sovereignty There may, thus, be a curtailment of what otherwise is a power
plenary in character.
▪ Imperium. The state’s authority to govern is embraced in the concept of sovereignty that
include passing laws governing a territory, maintaining peace and order over it, and defending
it against foreign invasion.
▪ Dominium. The capacity of a State to own or acquire territory.

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Sovereignty is absolute, comprehensive, permanent, and

Characteristics indivisible.
of Sovereignty 1. Absolute. The exercise of the state of its sovereign
power is absolute in the sense that the state is not subject to restrictions by any other power. Jean
Bodin, Father of the Modern Theory of Sovereignty, defined sovereignty as the supreme power
over subjects and their possessions unrestrained by law, it is unrestrained by law because the
sovereign is the source of law. Joseph de Maistre, a French political philosopher during the
French Revolution defended the absoluteness of sovereignty by asserting that every kind of
sovereignty was absolute in nature. Sovereignty is “always one, inviolable, and absolute” no
matter where it is located and how it is defined. However, in reality we cannot say that the
sovereignty powers of the state absolute, especially when the state has treaty agreements with
other states. Treaties are the chief basis of international law and if a nation-state is signatory to
a treaty, say a defense treaty or a military agreement, then it has to surrender some sovereign
right that infringe upon certain provisions of the treaty. No matter how strong and powerful
that nation-state may be, it has to pattern its policy according to the provisions of the treaty to
which it is a signatory. Thus, in this sense, international law limits the sovereign power of a
nation-state. In international relations, many so-called independent nation-states are actually
dependent economically or militarily on one or more of the big powers.
2. Comprehensive. The sovereignty of a nation-state is comprehensive for its supreme
legal authority extends to all – the citizens, aliens, associations or organizations within its
boundaries. There is an exception to this characteristic of sovereignty. Rules of international
relations, however, provide several exceptions to this characteristic.
3. Permanent. Sovereignty is perpetual in the sense that as long as the state exists,
sovereignty also exists. This is so because sovereignty is an inherent attribute of the state. Rulers
may be ousted through elections, or they may be overthrown from power through revolutions.
Government may be changed from one form to another. But as long as the state exists,
sovereignty is always present as one of its elements.

Sovereignty may also be classified as legal sovereignty,

Types of Sovereignty political sovereignty, popular sovereignty, de facto
sovereignty, and de jure sovereignty.
1. Legal Sovereignty. Legal sovereignty is defined as supreme authority of the state expressed
by the law and the constitution. Whichever authority has the power to make the law or amend
the constitution, that authority exercises legal or consistent sovereignty.
2. Political Sovereignty. Political sovereignty is the supreme will of the state expressed by the
electorate. Political sovereignty is also called electoral sovereignty in the sense that this supreme
authority of the state is exercised by the electorate in the choice of public officers at least during
election time. The exercise of electoral sovereignty is done in a manner by which the electorate
exercise the untrammeled choice of public officials in a clean, honest, peaceful, and credible
election. In this way, a free and genuine democracy is achieved in which the power of the people
prevails over the machination and deception of a few greedy men.
3. Popular Sovereignty. Popular sovereignty is the supreme authority of the state which
resides in the people. This authority means that the people are the
ultimate source of power and so they possess coercive power to
control government through which they allow themselves to be
governed. It was said that sovereignty resides in the people and all
government authority emanates from them. For instance, when the
martial law dictatorship failed to address itself to the hopeful
expectations of the Filipino people from 1972 to 1986, the people
rose in a peaceful revolution, called “people power” or EDSA
revolution; they successfully overthrew the dictatorship.

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4. De Facto Sovereignty. This type of sovereignty, called de facto, is vested on a person or a

group of persons who have succeeded in displacing the legitimate sovereign. The authority or
coercive power of this person or group of persons exists in fact and is sanctioned by the people
within the state territory. A more recent example of a unique exercise of popular sovereignty
was the “people power” or EDSA revolution as was explained above. This revolution started on
February 22 and ended February 25, 1986. When the deposed President and his family left the
country to Hawaii on the night of February 25, there was acceptance by the Filipino people of
the success of the revolution. This acceptance was an established fact. However, from the legal
standpoint, the revolutionary government that was established after the installation to the
presidency of Corazon Cojuangco-Aquino was not sanctioned by the Constitution for the power
that it exercised was not found in the Constitution or in the laws. Hence, the revolutionary
government was de facto.
5. De Jure Sovereignty. A state is de jure from the viewpoint of recognizing states. Its
sovereignty is de jure. The theory of de jure sovereignty is that the supreme legal authority of the
state is based on the supremacy of law. Many political writers aver that the manifestation of state
sovereignty is in the fundamental law promulgated by the sovereign people. This means that
sovereignty is formally expressed by the constitution and by the laws enacted conformably with
its provisions. With reference to the revolutionary government as explained above, it was at its
inception illegal for lack of a constitutional basis. But in time it acquired a de jure status when it
gained wide acceptance from the people and recognition from the community of nations. Under
these circumstances, the structure of de jure sovereignty derives therefore from de facto
sovereignty.

Theories on the Origin of the State

Political philosophers had developed several theories on the origin of the state. Notable among
these theories are the following:
A. 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 was
the theory used by monarchs during the olden times to justify their absolute rule over
their subjects.
B. 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.
C. 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.
D. 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 ad fails to rule for their welfare, the people can cease obeying
the government and its ruler.
JEAN JACQUES ROUSSEAU

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E. 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
THOMAS HOBBES
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.
F. Locke’s Social Contract. According to this theory, the state was
established to preserve the natural rights of its citizens. Unlike
Hobbes, Locke believed that man in a state of nature is a 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 JOHN LOCKE
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.
G. 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 a 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.
H. Economic Theory. Proponents of this theory believe 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
fellows in society. This association and interaction between and among men led to the
creation of the state.
I. Historical or Evolutionary Theory. This theory avers 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. Among the inherent rights of the state are
the following:
1. Right of Existence. It is the right of the state to exist as a sovereign and independent state.
2. Right to Self-Preservation. It refers to the right of the 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 a 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 if a state to establish diplomatic ties with other states for
political, economic, military, or socio-cultural reasons.

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There are, however, three fundamental powers of a state: power of eminent domain, police
power, and power of taxation.
6. Power of Eminent Domain. It is the power of the State to take over private property for
public use, after the payment of just compensation for the property so taken.
7. Police Power. It is the inherent power of the State to regulate freedom and property rights
and to pass laws to protect public health, safety, and welfare. The basis of this inherent
power lies on the following dicta: salus populi est suprema lex which means the welfare
of the people is the supreme law, and sic utere tuo ut alienum non laedas, act in such a
manner as not to injure another’s right.
8. Power of Taxation. It is the fundamental power of the State to impose taxes on individuals
and properties to support the operations of the government.

Duty of the State

Since the state is the most important concept in political science, let us ask what is it for? The
citizens of a state are often reminded about their “duties” to be good citizens, but what about the
duty of the state to its citizens? Even Aristotle, in the earliest definition of a state, said that it was
meant for the greatest good of the greatest number. A state, said Aristotle, “is a union of families
and villages having for its end a perfect and self-sufficing life.”

Basically, it is a duty of the state to provide for the life, liberty, happiness and prosperity of the
people of that country. Indeed, the very survival of the nation depends on how well the state
performs its duties. Governments may come and go, but if it is found that the state itself is
unworkable and non-viable, this brings a constitutional crisis that may end in the breakup of
the state by civil war, revolution or foreign invasion. In general, there are four main roles which
all states must perform – and perform well – if they can be considered as viable states. These
roles or duties of a state are:
1. Peace and Order and National Security. The state must ensure internal peace and order
and freedom from external invasion or aggression. The state must protect the
independence of the country and promote the collective security of other nations as well.
To this end, ironically enough, the state is empowered to bear arms, go to war, and kill if
need be in order to protect its citizens. It is also authorized to forge military alliances with
other states in order to promote collective security. The state must also protect the internal
security and safety of the people within the state against criminals, lawless elements or
other forces which frighten or harm ordinary citizens in their homes, at their place of
work, or as they go about their daily lives.
2. Political harmony or Good Laws. Not everybody can agree with everyone on everything
all the time. There are bound to be differences of opinions among people, and the greater
the issue, the less chance for people to agree on the right solutions to the problem. On
matters of public interest which affect the lives, property and other interests of the
citizens, it is the state which must act as the agency for establishing political harmony. It
does this by enacting legislation, executing them, and adjudicating any disputes arising
from the laws of the land. After having determined that the laws meet the problems on
hand, the state has the final authority to punish or penalize those who break the law. Its
fairness and impartiality in implementing the laws must be seen by all; in short, it must
be a government of laws, not to men.
3. Social Justice. Ordinary citizens are too busy with their own lives or with making a living
to have the time or the resources to care for others who are not their relatives or friends.
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those people who may be too poor or too sick to take care of themselves or their
dependents. In case of emergency, it is the duty of the state to provide relief for the victims
of the disasters or natural calamities. Hence, the government maintains low-cost housing,
public hospitals, public schools, orphanages, juvenile homes, homes for the aged, social
workers, Medicare benefits, etc. for the basic needs of people. Since most people in any
society are poor, it is expected of the government to raise and use public funds in such a
way that it can provide or coordinate relief and care for the poorest and most vulnerable
members of the society. A good government will do this job efficiently, quietly, and
consistently. In short, a good government will perform social welfare tasks well without
projecting any one personality or groups into a cult, so that the gratitude of people will
be to the state rather than any one individual or group.
4. Economic Development. Finally, it is the duty of the state to create a climate in which
business can prosper in the country and to provide gainful employment and other
opportunities for its people. Basically, there are two approaches to how a state must
perform in the economic sector, with modifications to either role in actual practice. On
one end of the spectrum, there is “capitalistic” or “laissez faire” economic policy whereby
the state maintains a minimal involvement in the economic sector, leaving its
performance to the private businessmen and operation of demand and supply. On the
other hand, there is the “socialistic” or state control of the economy, whereby the state
pays a greater involvement, even perhaps actually owning production, service, or other
facets of business. Whether the state is capitalistic or socialistic, it holds true that public
office is sacred trust. It is not the private property or private treasury of the officials in
power, which they can use for the benefit only of themselves, their relatives, or their
friends.

END OF LESSON 3