The Nature of State

Definition of State

The fundamental law of the land governs the STATE with the people abiding by the political power and authority of the elected public officials to represent the government with control of a definite portion of territory with a sovereign right to represent the international community.

The political existence of the state is usually defined on its concepts of integrity and independence, conservation and prosperity, legislation and judiciary, the right to organize and to provide general services according to the standards of international law.

Primarily, the state has political independence to work on the internal and external diplomacy with the international community. It must always have independence from the administration on the governmental affairs of the state. These are the following considerations as to the operation of governmental independence :

1.The bilateral and multi- lateral agreement on political, economic and social development with the international community;

  1. The implementation of economic packages in the exploitation of natural resources including the responsive investment program based on the state initiative on the political and economic system.
  2. The organization of political parties based on the development advocacy on certain political ideology that is fitted to the dominant party;
  3. The governmental administration in the implementation of the development thrust for poverty alleviation, job generation, social and economic and equity mechanisms.
  4. The justice administration of the state including the formulation of the legislative system. These are the Rights and Duties of the State in Consideration with International law:

These are the rights and duties of the state that must be considered in the international law.

  1. The existence of the state has the same rights with the other state in the international community. It does not look into the economic and military perspectives whether the state has international power to have more sovereign rights with other state. In the international law, all states have equal international sovereign rights.
  2. The existence of state has all the rights and privileges conferred by the United Nations and in the International community. Once the state exists the juridical capacity of equal rights and privileges is already within the sovereign structure of the international community..
  3. The State has its political recognition and fundamental sovereign rights that is unconditional and irrevocable. The State has the sovereign independence and political ideologies that may be in conflict with the powerful states. The international action to revoke with specific conditions to operate against the political independence is a clear violation as to it s existence as a state. It is in this reason the international diplomacy works on this unconditional and irrevocable sovereign rights.
  4. The existence of the state has the sovereign right to manage the internal and external affairs. The state through its government may imposed any kind of political and economic ideologies that collectively believe to work for the common welfare in the society. In the international law, this has been the state issues being raised as to the implementation of political and economic programs that jeopardized the human rights and privileges of the subject. It is always use this argument to depend its sovereign rights to control the internal and external affairs even in the midst of political revolution of country.
  5. The state applies the same protection of law to all nationals and foreigners. The State has its political jurisdiction of the national territory. The political power of the state to execute, enact and interpret the laws of the land has the same application to the nationals and foreigners.
  6. The state has its right to protect the territory and conserve the diplomatic initiative to work on amity and comity. The state existence in the international community provides the diplomatic support for amity and comity. The existence of state embassy provides the sovereign support on the different national interest such as economic trade, socio-cultural exchange programs, political support of ideologies and the general friendly relations with the other state.

The definition of the state provides all these sovereign mechanisms to politically exist with the different states in compliance with the international law. It has been important to understand the extensive definition of the state on areas about independence and diplomacy to work well in the international community.

Origin of State
These are the theories on the origin of state as have been formed and developed as a result of the political thought and philosophy in the ancient time until the enlightenment period in Europe.

1. Natural Theory. The social urge of the human being to be within a group of people in the community as in sociology describes “man is a social being.” The social group provides the political development to stay and work together with common standard law in the community later on transform as a state.
2. Patriarchal Theory. The origin of the state evolves from the enlargement of family under the authority of the parents or the elders. Later on, it will develop into a tribe, kingdom then state.
3. Force Theory. The creation of the state through the constant war and invasion of the great warriors in the ancient time dominated the weak that later on formed a state.
4. Divine Right Theory. The rulers of the past advocated the political dominance of authority and power through their own ordained mandate that they represented the state as on the basis of the divine right ( as God created the state). It was in this nature that the divine rights of kings has the absolute power and influence over the subjects.
5. Social Contract Theory. This is the right of the people to have the deliberate and voluntary contract on the right to overthrow the kings and rulers against corrupt governance to organize a new government with common interest for all the people.

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