The Handout Notes for BA-LLB student.

Tuesday, February 12, 2013

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 that “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.

The forms of government

The forms of government discusses the sovereign powers along the political rulers as to the number of persons in power; the distribution of political powers of the government; and the relationships of the branches of government.

According to the Number of Persons Exercising Sovereign Powers

Usually, the sovereign powers are exercised by the rulers who are being called King, Emperor, President or Prime Minister to lead in the administration of the government. The common classifications under the number of persons are monarchy, aristocracy, and democracy.

Monarchy

There is only one ruler who exercises the supreme authority with the basis on the divine rights and constitution to handle governmental affairs. The ruler of the monarchial form is called “king” or “emperor” which has been on the basis of royal blood or dynastic rule of governance. There are two classifications of monarchy as evolved in the history of Europe:

Absolute Monarchy

The Egyptian, Mesopotamian, Chinese, Persian and European civilization followed this system of governance under the rules of divine rights. The emperors and kings were believed to be the representative of god as the source of political authority and powers to administer the affairs of the government.

Limited Monarchy

This was the transformation of the absolute monarchy in Europe that “kings” and “emperors’ were no longer presented by the doctrine of the divine rights but must rule in accordance of the constitution. Therefore, the political power is usually limited in accordance with the established constitution. It is nominal and symbolic as to the governmental functions in the executive and legislative branch of government.

Aristocracy

The government that hold by the few privileged class. The social stratification of the society only those with wealth has the political power to hold the governmental affairs of the state .They are considered as the powerful class with enough money to hold political position and influence to the people. This form of government has been called the “oligarch” and “aristocrat” who controlled the economic power as they controlled the wealth of the nation.

Unitary state

A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions (sub national units) exercise only powers that their central government chooses to delegate. Many states in the world have a unitary system of government.
Unitary states are contrasted with federal states (federations):
In a unitary state, sub national units are created and abolished and their powers may be broadened and narrowed, by the central government. Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme; it may abrogate the acts of devolved governments or curtail their powers.

Federal state (federalism)

A federal is one in which the supreme powers in the state are disturbed by the constitution between a central government and the governments of the federating units, making each government supreme within its own sphere of powers. As distinguished from a unitary government, a federation is a dual government, with two sets of governments, each of which exercises supreme and original authority within its sphere of powers as defined by the constitution. According to Hamilton, a federation is an association of States forming a new one. “ In the opinion of Dicey, it is “ a political contrivance intended to reconcile national unity with the maintenance of state rights.”


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