The term "State" holds a pivotal position within the realm of legal studies. Its modern iteration stems from the Germanic tribe, Teutonos, who employed the term "STATUS." The Greeks used "POLIS" to signify the city-state, while the Romans referred to it as "CIVITAS," denoting a sovereign entity. A State, fundamentally, is an institution tasked with establishing law and order and ensuring the harmonious functioning of societal relationships.

In the definition of a political State, Dr. Garner posits that it is a community of individuals, whether numerous or few, permanently occupying a defined territory, exhibiting a degree of independence from external influence, and governed by an organized authority to which the majority of inhabitants routinely adhere (within lawful bounds). Essentially, the term "State" implies an assemblage of people residing within a delineated geographical area, governed by an organized authority, and subject to minimal external influence. Moreover, a State must cultivate conducive conditions for the development of individual personalities, advocate for the welfare of the entire society, and safeguard the rights and lives of its citizens from both internal and external threats.

The elemental components of a State are as follows:

a) Population: This represents the most crucial facet of a State, as there is no set limit to the number of citizens it may encompass. The size and composition of a State's population are subject to variability across race, religion, language, and culture. A modern State endeavors to reconcile the interests of its diverse citizenry.

b) Territory: The concept of a State's territory extends beyond mere landmass to encompass rivers, lakes, seas up to its exclusive economic zone, and the airspace above it. While the significance of territory is indisputable, there exists no universally accepted standard for the ideal size of a State. Notably, entities like Vatican City and San Marino are diminutive in comparison to nations such as the United States.

c) Government: The government is entrusted with the maintenance of law and order, as well as the provision of essential services ranging from defense and foreign affairs to infrastructure, education, healthcare, and transportation. It wields the authority of the State, promulgates and enforces its laws, and dispenses justice through judicial organs.

e) Sovereignty: Sovereignty denotes the ultimate legal authority that surpasses all other legal powers. It serves as the defining characteristic distinguishing a State from other entities. Jean Bobin categorizes sovereignty into internal and external realms, wherein internal sovereignty asserts the State's supremacy over its citizens and associations, while external sovereignty signifies its independence and autonomy from foreign influence.

 

 

 

Last modified: Monday, 23 October 2023, 1:16 PM