Elements of a State (for municipal law purposes)
1) People – A group of person sufficiently numerous held together by a common bond 2) Territory – A definite area over which the State exercises sovereign jurisdiction 3) Sovereignty – Power of the State to regulate matters within its own territory. 4) Government – Institution organized and run in order to manage the affairs of the State Classification of governments
1) De jure – Government which is placed in power following legal / constitutional processes 2) De facto – a government that actually exercises power or control but without legal title. Classification of de facto governments
1) De facto proper
a. That government that gets possession and control of
b. or usurps by force or by the voice of majority
c. the rightful legal government
d. and maintains itself against the will of the latter.
2) Government of paramount force
a. That which is established and maintained by military forces b. who invade and occupy a territory of the enemy
c. in the course of war.
d. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. “REPUBLICAN STATE”
It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people. “DEMOCRATIC STATE”
This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. Sec2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. •The Philippines renounces AGGRESSIVE war as an instrument of national policy, but allows for a defensive war. Examples of Generally Accepted Principles of International Law" cited in Philippine Jurisprudence: The right of an alien to be released on bail while awaiting...
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