State

Attributes of the State

1. Population
   There is no minimum number required to constitute the population of a state, but it must certainly be large enough.
2. Territory
   A state’s territory includes the land itself, the air above the land, water extending outward, lakes, mountains, natural resources, and climate.
3. Government
   The government consists of agencies sufficient to maintain order, perform required services, and meet international obligations. It includes the legislative, executive, and judiciary branches, as well as administrative agencies.
4. Sovereignty
   Sovereignty is the supreme authority over the population, territory, and government. It represents independence—freedom from outside state control.

• Sovereignty is:
  • The symbol of the state
  • A supreme political characteristic
  • A central legal concept in the international system
  • The supremacy of will and power over its subjects
  • The essence of the state, based on power and the legitimate use of force
  • The authority to issue laws
  • Legal independence from outside control
  • Reflected in the constitution, which limits or controls the exercise of power by other entities

Aspects (Types) of Sovereignty:

A. Legal Sovereignty:
A combination of authorities such as the parliament and supreme court.

B. Political Sovereignty:
Constituted by the electorate.

C. Popular Sovereignty:
Refers not just to the electorate but to the broader unorganized mass of the people. It acts through the duly constituted electorate. The people are the ultimate authority.

D. De Facto Sovereignty:
Occurs when a legitimate sovereign is displaced by revolution or invasion, and the person or body who can enforce obedience assumes authority.

E. External Sovereignty:
Exists when a state engages in relations with other states. It presupposes freedom from foreign control and is based on equality and absolute independence.

F. Internal Sovereignty:
Refers to the state’s sovereign power within its defined territory over individuals, citizens, and others. In a rule-of-law system, it is the agreed-upon power of the people that enables internal sovereignty.

Characteristics of Sovereignty

1. Absoluteness
   Sovereignty cannot be restricted; the power is unlimited.
2. Comprehensiveness
   The sovereign’s power extends without exception over every person and association within the state.
3. Permanence
   While heads of state may die and governments may change, sovereignty continues uninterrupted as long as the state exists.
4. Indivisibility
   Most political scientists and jurists hold that sovereignty cannot be divided. There cannot be two or more coordinate supreme powers within the same state. While a state may delegate governmental powers to its subdivisions, it retains the right to revoke them.
   In a federal system, governing authority may be shared, but not supreme power. Shared power is divisible, but supreme power is not.

Challenges to Sovereignty

1. Emergence of sub-regional, continental, and international multistate organizations
2. Globalization: flow of capital, commodities, cultures, etc.

Legitimacy of the State

Legitimacy refers to public belief that a government has the right to rule. A state is considered legitimate when it holds both internal and external sovereignty.

Legitimacy is expressed when:

1. Other states recognize the state, send envoys, ambassadors, and maintain diplomatic relations.
2. The state is able to join sub-regional, regional, and international organizations.
3. The state is able to sign and ratify international declarations, conventions, and treaties.

Recognition of a State

Recognition is an active process and should be distinguished from cognition (mere acknowledgment of facts).
Recognition implies both awareness of the facts and the intention to bring about the legal and political consequences of that recognition.

For a state to function on the international stage, it must be recognized as a state by other international actors.

There are two kinds of recognition:

1. Recognition of a state: Affects its legal personality, either by creating or acknowledging it.
2. Recognition of a government: Affects the status of the administrative authority, not the state itself.

State Structure

Types of States:

A. Classical (Slave-holding) State
B. Feudal State
C. Capitalist State
D. Socialist State

Forms of State

These relate to the structure and distribution of state power.
Forms include: Unitary, Federal, and Confederations

Unitary Form of State

1. Unitarism is characterized by centralization of power and indivisible sovereignty.
2. The national government is legally supreme over regional or local units.
3. There is only one source of authority: the central government.

Essential Qualities of a Unitary State:

1. Sovereignty is undivided; the power of the central government is unrestricted.
2. The constitution does not allow any other law-making body besides the central authority.
3. Countries with unitary states include: Great Britain, Japan, Poland, the Netherlands, Belgium, Scandinavian countries, Spain, Romania, etc.

Distinctive Qualities of Unitarism:

• Supremacy of the central legislature (parliament)
• Only one kind of legislature, with absolute authority to enact and enforce laws
• Absence of subsidiary sovereign bodies. Since sovereignty is indivisible, local units are not sovereign