State and Nation

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  State and Nation 8/19/2014 7:16:00 PM   State is a people organized for law within a definite territory.   “State is a numerous assemblage of human beings generally occupying a certain territory amongst whom the will of the majority or class is made to prevail against any of their number who oppose it.”   Elements of a state 1. Population    large enough to be self sufficient    small enough to be well governed 2. Territory    includes land, water and airspace    need territory to live and organize socially and politically 3. Government    The agency through which the will of the State is formulated, expressed and realized    The Supreme authority that ensures that laws are made and enforced    The working agency of the state; the political organization of the state 4. Sovereignty    Supreme and final legal authority above and beyond which no legal power exists    Two aspects o   internal    The state is supreme over all citizens and associations external o   external    The state is independent and free from from outside control derived from the Latin word “natio,” which means birth or race “A nation is a body of people united by common descent and language”   A community that is, wishes to be, a state  Group of people who share a significant number of such attributes as the following: history, language,ethnic srcin, religion, political belief, fear of the same adversaries and a wish to live under political institutions which they can regard as their own State Nation Definition Territorially bound sovereign entity A group of people sharing a common identity Characteristics Legal function Cultural psychological Bases Permanent population Defined territory Centralized government Capacity to enter foreign relations Language Ethnicity History and culture  Citizenship 8/19/2014 7:16:00 PM   -  “not  simply a form of belonging but rather an important agency through which practices of fairness and justice are carried out.” (Alienkoff and Klusmeyer) -is always reciprocal →  social idea. [You have your own rights but you have obligations to others.] - recognises the dignity of the person but at the same time reaffirms the social context in which the individual acts. SECTION 1. The following are citizens of the Philippines:   (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. (2) Those whose fathers or mothers are citizens of the Philippines. (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority (4) Those who are naturalized in accordance with law. SEC. 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. SEC. 3. Philippine citizenship may be lost or reacquired in the manner provided by law. SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship. Jus Sanguini - citizenship based on descent   - latin phrase, which translates to Law of    Blood   - grants citizenship outside countries borders Jus Soli - citizenship based on birth on state territory - latin phrase, which translates to Law of Soil   - limits transmission of citizenship outside their borders. General Approach to Citizenship  1st Generation - goes under process of naturalization and pass its criteria.    criteria for naturalization should be clear and concise.    - language, and knowledge of culture and history requirements should be related to application. (when you apply for naturalization in the states, they ask you simple trivia). 2nd Generation - citizenship at birth or somewhere between birth and adulthood.    1. Citizenship based on birth      2. Citizenship based on birth plus residence 3rd Generation - citizenship at birth
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