FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES

PAD120

ELEMENTS AND FUNCTIONS OF THE STATE

AM1102F

GROUP MEMBERS:

1) SITI NURSYAFIQAH BINTI AB.RAZAK (2018275438)

2) MAISARAH HANI BINTI ZAHARUDIN (2018435226)
3) NURUL NAQUIYAH BINTI ABDUL ADL (2018275444)
4) SITI SALBIAH BINTI MOHD ISA (2018413646)

PREPARED FOR:
SIR MUJIBU BIN ABD MUIS

SUBMISSION DATE:
4 APRIL 2019
 Introduction

Our aim in this chapter is to examine the nature of the modern state. We shall therefore
point out the elements that typify the state and distinguish it from the other social groupings in
society such as churches, schools and social clubs. Because the concept state is often used so
confusingly we must begin by giving a definition of the term and then proceed from there. We
give a number of definitions below but none of them can claim general validity or acceptance.
There are literally thousands of definitions of what precisely the state id and or ought to be. With
our limited space we cannot go more fully into the matter but it would be advisable foe for you
to consider these definitions critically and compare them with others you may come across. The
definitions given here have been chosen because they stress the aspects discussed in this chapter.
The state is a territorial society, the people living on a particular tract of land organized under a
common governing body which has, if not a complete at any rate, a very special degree of
authority over them.

The state is an association which, acting through law as promulgated by a government

endowed to this end with coercive powers, maintains within a community territorially
demarcated the universal external conditions of social order. Starting with the definitions we are
ready to investigate the nature and essence of the modern state. We see that each state is built up
from a number of perceptible elements which we may call the essential elements of the state.
Before examining the nature and essence of the state as abstract concepts we must examine these
perceptible elements more closely.
1.0 Population.

According to Franz Oppenheimer (1908), state is a community of person. It is a human

political institution. Without a population there can be no State. Population can be more or less
but it has to be there. There is State with very small populations like Switzerland, Canada and
others, and there are States like China, India and others with very large populations. The rational
inhabitants of a state bind by law, living together for the purpose of mobilizing a polity. For
example, living together is like family, community society and if that happen it can call
population because it can mobilize the polity.

Nationality constitutes a population of a state. Nationality is acquired through

administrative acting naturalization or birth if people have different religions and languages but
they live under one roof they will call it population because naturalization. The people living in
the States are the citizens of the States. They enjoy rights and freedom as citizens of the country
that have population and as well as perform several duties towards the State. When citizens of
another State are living in the territory of the State are called aliens. All the person, citizens as
well as aliens, who are living in the territory of the State are duty bound to obey the state and
laws and policies. The State exercise supreme authority over them through its government. The
members of one single family do not make a state. They should be a series of families
community society state, that means if a family has one child it not calls as a population if a
family has children it will call as population same as community.

There is no definite limit for the size of population essential for a State. However, it is
recognised that the population should be neither too large nor very small that means populations
must be very large because it can call as state. It should be determined on the basis of the size of
the territory of the state, the available resources, the standard of living expected and needs of
defence, production of goods and supplies, for example of country that large of population are
India, has a very large and fast-growing population and there is very need to check population
growth. It is to essential for enhancing the ability of India register a high level of sustainable
development, if country that has large population it will cause a growth of economy and
development because government no needs to control the economy like unemployment is very
difficult and another one is pressure on infrastructure, development of infrastructure facilities is
unfortunately not keeping pace with the growth of populations. The result is lack of
transportation, communication, housing, education and healthcare. There has been an increase in
the number of slums, overcrowded houses, traffic congestion, it happens because government of
India not control the birth rate. However, certain states like China do restrict its population
growth for several reasons. Child one policy was part of a birth planning program designed to
control the of it s population, it set a limit on the number of number of children parents could
have and another one is for economy if china wants their economy to growth they needs policy
one child. Other states like Singapore and Malaysia do the opposite, whereby both need more
due to economic and political needs. Singapore and Malaysia are same because they does not
have one child policy and they want families have more than one children to sustain the rate the
country is injecting new housing supply into the market and our population is not enough to
sustain the supply of residential units in the market and that is for economy and same as
Singapore, there is also a need to create more employment opportunities is for economy reason.

1.1 Functions elements of population.

How are these elements protected and preserved in Malaysia, we use the Federal
Constitution of Malaysia which came in force in 1963.State sovereignty and state constitution,
The Federation is required to guarantee the sovereignty of the Malay Sultan in their respective
States. Each State, irrespective of whether it has a Sultan as its Ruler, has its own State
constitution but for uniformity, this is how we want to protect population, first we must protect
our state because if we want our country, Malaysia to become a state. All State constitution must
have a standard set of essential provision.

1. The establishment of a State Legislative Assembly, consisting of the ruler and

democratically elected members which sits for a maximum of five years, the elected
member must protect and preserved the constitution

2. The appointment of an executive branch called the Executive Council by the Ruler from
the members of the Assembly. The Ruler appoints as the head of the Executive Council.

3. The creation of a state level constitutional monarchy, as the ruler is a required to act on
the advices of the Executive Council on almost all matters under the state constitution
and law

4. The holding of a state general election upon the dissolution of the assembly
 And this how we want to protected and preserved our country by agreement of Federal
Constitution in Malaysia, and it is many more that we have to follow the agreement to
become a state and population.

2.0 Territory.

According to Christian Bay (1965), Territory is the second essential element of the State.
State is a territorial unit. Definite territory is its essential component. A State cannot exist in the
air or at sea. It is essentially a territorial State. The size of the territory of a State can be big or
small; nevertheless it has to be a definite, well-marked portion of territory. States like Russia,
Canada, U.S.A., India, China, Brazil and some others are large sized states whereas Nepal,
Bhutan, Sri Lanka, Maldives, Switzerland, Togo, Brundi and many others are States with small
territories. The whole territory of the state is under the sovereignty or supreme power of the
State. All persons, organizations, associations, institutions and places located within its territory
are under the sovereign jurisdiction of the State.

No territory no states. Territory is a land where people live on permanently and

continuously. A territory in administrative division, usually an area that is under the jurisdiction
of state. As far as we personally concerned, it is our connection with a particular territory that
normally creates our citizenship of the state. The territory of the state is considered to extend to
the ocean, air space and underground. Such geographically, continuous land in term of
archipelagic. Archipelagic is a longer land where states composed a numbers of islands.
Continuous land is a big land such as Russia where this country is the largest country in the
world.

The popular government claimed that this can be applied to a small state only. In a small state,
the population is limited and the people have the best opportunity to assemble together and
express their opinion. Small state has a people with more unity and greater patriotism. But, on
the other hand, small state is less secure where they failed to defend their territory form bigger
state which is more aggressive. For example, of this aggressions are Hitler trampled Poland and
other Central European countries. Japan also did the same to the Far East. Economic resources
cannot be left out while evaluating the utility of a small state. A size of state is not a big factor
but natural resources found in the territory and sufficient planning of its government will help in
the economic, politic and development of the state.

3.0 Government.

The third essential element in the State is government. Any group of people other than a
casual crowd requires some form of organization. Once common purposes are admitted, there
must be a method of organization through which these can be achieved. All associations whether
they be churches, universities, trade unions, or clubs develop a system through which the
relevant activities of the members are regulated and in such a system some person or body of
persons are regarded as speaking or acting for the whole in some sense, and under appropriate
circumstances this person or body of persons may make decisions which are recognized as
binding on the whole. Men living or acting in association with one another must have uniform
rules by which they live and act. Deliberate legislation there custom regulates behavior.
Customary law can however, operate successfully only in a relatively simple and static society.

It is obviously inapplicable to rationally planned cooperative activity, whether the scope

and purpose of such activity be limited or complex. In any consciously constructed and ordered
association, or in any complex society, there must be more or less explicit agencies which make
the rules; and the more complex and important these rules are, the greater is the need also for
agencies which interact and enforce them. These agencies constitute the government of the
particular association and in the modern state, government includes the sum total of the
legislative, executive, and judicial organs which make, administer and interpret the law.

The phase the Government is often used in a narrower sense to designate the body of men
who are responsible for Executive policy and administration. We should take note of this usage
which is especially common in countries which have the British parliamentary system but we
should remember that these men are only a part, though an important part of the whole
governmental structure. A Government may thus resign without affecting the system of
government as such: a change of Government does not of itself change the governmental
structure. And even the form of government can be altered without destroying the State.
(Klimovski S., 2000).
 Thus in the first seven years after the establishment of the Fourth Republic in 1946,
France experienced fourteen changes of government and this pattern continued until the
establishment of the Fifth Republic in 1958 and from the eighteen century onwards the French
forms of government have been successively monarchial, republican, imperial, monarchical,
republican, and then republican, once again since the Revolution of 1789 France has been
governed under no less than thirteen distinct written constitutions. Yet through all these changes,
France has continued to exist as a state. The State clearly has an existence which is independent
of its particular Governments and of the forms which the internal governmental structure may
assume. In no association does government exist as an end in itself; all systems of government
are designed to serve a purpose. The basic purpose served by government in the State is the
maintenance of law and order which is needed for personal security, cooperative activity, and
common advantage.

Objections have sometimes have been voiced against government, law, and the force
which is necessary to maintain law in the State, but such objections cannot hold: Take the
building of a road, for example, the road cannot be built by the roadside dwellers, for then a
hundred yards of good tarred road might be followed by a hundred yards of pot holes of by a
quagmire. The organization of the state is required to build the road, and with that admission we
must let in taxation, budget, a civil service, a legislature and all the apparatus of government.
Government is not only necessary for this road to be built and maintained; laws are also needed
to determine on which side of the road people may travel, or else chaos would ensue, offenders
will furthermore have to be punished. Law, then, is necessary to ensure order, and in ensuring
order in the state law may affect most of the interests and activities of the citizens. (Klimovski S.,
2000).
4.0 Sovereignty.

According to Robert A. Dahl (1963), Sovereignty is the exclusive right to full control of
an administrative, citizens or self-governing area. A sovereign person, the example of the king is
the great law drafting and does not follow anyone else’s order. Sovereignty of the state is its
most essential and distinguishable element. Sovereignty is the right to be free and independent
from any internal and external threat. Internal sovereignty is implies the supreme power of the
state over all individuals and institutions within territorial limits of the state. Example the ability
of Malaysian government imposed the law of speed limit to all Malaysian living in Malaysia.
External sovereignty is implies the independence of the state in its relations with other nations.
For example, the ability of Malaysian to be recognized as a sovereign state to engage in any
international discussion and foreign affairs. It is the power and legal authority to be free from
any subjugation or conqueror. The state is the supreme decision making power. Sovereignty
belongs to the body which has the right to make laws for the country. In Malaysian, sovereignty
is the parliament. Every state must have its population, a definite territory, an established
government and sovereignty. The state cannot be a state if there are no four elements.
Government safeguard their sovereignty with control their borders with passport or visas, hunt
down terrorist, and build a good relationship with other countries.

According to M Taylor Fravel (2001), how are these elements protected and preserved in
Malaysia. The borders and territory of Malaysia include land and maritime territory with Brunei,
Indonesia, and Thailand and shared maritime boundaries with China, Philippines, Singapore and
Vietnam. Maritime borders common maritime boundaries with Brunei, Indonesia, the
Philippines, Singapore, Thailand and Vietnam. Part of its maritime borders has been delimited
through agreements with neighboring countries. Malaysia has agreements to delimit the
continental shelf, territorial sea and other border delimitation agreements or treaties with
Indonesia the Philippines, Thailand and Singapore.

Malaysia has also unilaterally declared its maritime boundaries through a 1979 map
published by its Department of Mapping and Survey, The continental shelf and territorial sea
limits depicted on the 1979 map have not been recognized by Malaysia’s neighboring stated and
have been the subject of maritime boundary and territorial disputes. Malaysia has signed joint
development agreements for areas which are subjected to overlapping claims with Thailand and
Vietnam. Malaysia has signed letters of Exchange with Brunei in 2009 to solve the dispute of
maritime territories between the two countries currently follow those determine through pro-
independence British orders in Council (M Taylor Fravel, 2001).

Outsides the border defined by a 1995 agreement there is still no formal agreement
between Malaysia and Singapore to delimit their common borders and this had resulted in
several overlapping claims. Singapore claims a three nautical mile (6 km) territorial sea limit
while Malaysia claims a 12 nautical mile (22 km) territorial limit. (M Taylor Fravel, 2001).

Following the International Court ND Justice decision on 23 May 2008 on the sovereignty of
PedraBranca which gave the islands to Singapore, the new portion of the Malaysia- Singapore
maritime border around the islands will also need to be determined. The islands like 24 nautical
miles (44 km) from the easternmost point of Singapore and 7.7 nautical miles (14.3 km)
southeast of the Malaysia coastline. (M Taylor Fravel). There is also a dispute involving the
alleged incursion into Malaysia territorial waters by land reclamation works by Singapore at the
western entrance to the Straits of Johor (M Taylor Fravel, 2001).
 Conclusion

We have seen that in a State there must be population, territory and a government
exercising comprehensive jurisdiction; but a people inhabiting a definite territory and organized
under government do not necessarily form a State, since the final quality of independence may
be lacking. A specific political society may have certain institutions of self government and
nevertheless be subject in some matters to the decisions of a superior authority: such is the case
for instance in colonial territories while they are still being prepared for independence. The
component states of the USA too are all organized under their own governments (though these
have only partial autonomy with regard to internal affairs) but what prevents them from being
regarded as State in international law is the decisive fact that they do not control their external
relations, being subject in this matter to the Federal Government.

It is thus finally necessary that the affairs of any political society which claims full
statehood should be independent to formal control by any other state, and that the possibility of
independent action must apply to the conduct of both internal and external affairs. (You will find
a useful discussion of independence as an attribute of States in chapter IV of J. L. Brierly’s The
Law of Nations). It may or may not be morally right or socially desirable that an actually
independent state should remain independent, of that some community should break away from
an existing state and form an independent state of its own. To insist on a right, and particularly
on a natural right of independence, suggests that for a state to pass from the condition of
independence to that of dependence, as the American States did when they formed the Union,
necessarily involves a moral loss, instead of a mere change of legal status to be judged according
to the circumstances of the case. External sovereignty has sometimes been interpreted to mean
that a state may determine its own conduct without any restraint at all, and that any arbitrary or
aggressive conduct may thus be justified.

Apart from the grave moral objections to such a view (which in effect claims that might
is right in international affairs, and that power may not be judged), there is also the practical
consideration that no the whole modern states recognize obligations under international law, and
that the actions of most states are prescribed as well by treaties, conventions, and other
agreements.
 REFERENCES

Bay, C. (1965). Public Administration. New York.

Dahl, R. A. (1963). Modern Political Analysis. Princeton,New Jersey: LAP Lambert Academic
Publishing.

Fravel, M. T. (2001). Introduction To Law. Belgrade,Siberia.

Klimovski, S. (2000). Politics and Institution. Macedonia: Linking Publishing Company.

Oppenheimer, F. (1908). Introduction To Law. New Haizan: The University of Belgrade.