The State
This segment is designed to render a brief discourse on the nature, constituent elements and characteristics of the State in order to enable a better understanding. This is important because many Nigerians do not know the fundamentals in the existence of a State. These have been forgotten and in many cases lost. One cannot demand what one deos not know.
Definitions
According to the Oxford dictionary, a State can be defined as a nation or territory considered as an organized political community under one government. This definition is also reflected in the more common understanding of the State, i.e. any politically organized community living under a single system of government: the critical components being the people, within a territory, coexisting under one authority.
Origins of States
There are several theories and concepts of the origin of States emerging over millenia of study and theory stretching from even before Socrates, Aristotle, John Locke, Jean Jacques Rousseau, Friedrich Engels, Karl Marx, etc. Most can be divided into the following categories;
Evolution Theory
This theory argues that the State emerges from several events, and social circumstances culminating in its present form through the progression of time, and later transforms into a State.
Divine Right Theory
This theory advocates that the power and authority of the ruler stemmes from divine right i.e. ordained by God. Since God created the State, God also created a leader/King to oversee the State. The divine rights of kings therefore meant absolute power.
Patriarchal Theory
This presupposes that the State evolves from the enlargement of a family under the authority of the elders that settle in a location and grows in number, spreading over a given area. With the progression of time, the family grows into a tribe, then a kingdom and then ultimately into a State.
Social Contract Theory
This theory suggests that the social urge of the human being to be within a group of people and hence form a community. Sociology describes that “man is a social being.” The social group provides the political development to stay and work together with a common standard law, whilst the community offers the individual security and protection. The community, through the progression of time, later transforms into a State.
Force Theory
This concept identifies the creation of the State through wars and invasions of various territories by great warriors and armies, perhaps in the ancient times. The stronger forces would dominate the weaker ones and through the progression of time this continuum would lead to the formation of a State as the laws and interests within the new entities grow in nature and complexities.
Whilst some theorists also consider the influence of geographical locations on the formation of States, especially landlocked locations, others have looked at the role of commerce and culture.
However most of the earlier theories were focused on the emergence of States within Europe, thus most concepts are not immediately applicable to modern States outside Europe.
In this regard, other factors are more explanatory of the emergence of States especially after the 17th century including colonial imposition, assimilation, borrowing internal political processes.
Further to this, because many of the early modern states like the Greeks, Romans, United Kingdom and France had significant empires, their institutional templates became standard for application globally.
Nigeria is one such State that emerged under colonial imposition under the British colonial rule. This forced/contrived union was to enable the British effectively govern and extract the needed resources from the territory. This has also been identified by many fellow Nigerians as one of the fault lines preventing stability and sustainable national development from occurring in Nigeria. This argument falls in the face of the obvious observation that there are many other countries so forged from imposition which yet have grown into peaceful, sustainable, productive entities, including the United States of America which also was a colony of the French and British at a time.
Functions of a state
Whereas there are many varying theories and works defining the functions of a State, traditionally there are some common features shared by all, i.e. the function of law making and regulating society, and the function of economic wellbeing within the State for all citizens. In the words of John A. Ryan, “The end of the State, we have seen, is to promote the welfare of its citizens as a whole, as members of families, and as members of social classes”. States exist and function for the sake of human beings, for example, by resisting foreign invasion and protecting life and property.
However, this is rather a simplistic view and If it stops at this point many other aspects of the common good and general welfare would be unprotected. To neglect the integrity of the family or the prosperity of any considerable social class, will sooner or later injure society as a whole. Thus the enumeration of the other more intricate functions of a State is important.
Frequently, these functions are separated into two categories, i.e. necessary and optional or essential and non-essential.
The optional or non-essential functions are those that are designed to increase the general welfare, usually performed in some fashion by private agencies. These include public works; public education; public charity; industrial regulations, and health and safety regulations.
The optional functions relate more to the civics of a State, i.e. duties relating to the citizens of the State such as;
a) public worksr: Control of coinage and currency in the conduct of banks; the postal service, telegraphs, telephone and railroads; the maintenance of lighthouses, harbours, rivers, and roads; the conservation of natural resources, such as forests and water, power, and the ownership and operation of supply plants and municipal utilities. Public education may include not only a system of schools, but museums, libraries, art galleries, and scientific agencies such as those concerned with the weather and agriculture.
b) public charity: asylums, hospitals, almshouses, corrective institutions, provides insurance against accidents, sickness, old age and unemployment, and makes various provisions of material relief for persons in distress.
c i) regulation: quarantine, vaccination, medical inspection of school children and of certain businesses and professions, and protection of public morals in the matter of pictures, publications, theatres and dance halls.
c ii) industrial regulation: banks, commerce, business combinations, and the relations between employer and employee.
The necessary/essential functions are those that all governments must perform in order to justify their existence. They include the maintenance of industrial peace, order, and safety, the protection of persons and property, and the preservation of external security. They are the original primary functions of the State, and all States, however rudimentary and undeveloped, attempt to perform them. These can be better simplified as they may be enumerated somewhat more specifically as military, financial, and civil.
a) military function: the State defends itself and its people by force against foreign aggression, and prevents and/or controls domestic/internal disorder.
b) financial function: the collection and expenditure of funds for the maintenance and operation of government.
c) civil function: individual rights, contracts, property, disputes, crime, and punishment.
Whilst the above classifications remain generally in place, some ascriptions may vary. And though all States consider those items on the non-essential list as equally important, the primary consideration remains the expediency of achieving same, both in cost and resources.
Needless to say, to achieve these functions, i.e. ensure State policy, rules and regulations, the concept of “Government” has evolved, through thousands of years, as State functions grew in degree and complexity.
Government
Government is generally defined as the group of people responsible for controlling the affairs of a State. The Columbia Encyclopedia defines government as “a system of social control under which the right to make laws, and the right to enforce them, is vested in a particular group in society. This definition envisages the obvious need for people to control the State and render those functions for which the State exists to provide.
Though the use of the words State and Government are often used interchangeably, there are several distinct differences between the two;
Government is only an element of the State
A State has four essential elements—Population, Territory, Government and Sovereignty. Government is only one element of the State. It is just one part of the State, the part that acts for the State.
Government is an agent of the State. That is why in a democracy, it is considered as servant and the State as master. Government is compared with the brain of the living organism; what the brain is to the man, the government is to the State. It is that agency of the State which formulates the will of the State into laws, implements the laws of the State and ensures conformity to the laws of the State.
Government exercises power and authority on behalf of the State.
State is Abstract, Government is Concrete
State is a concept, an idea or a name used to denote a community of persons living on a definite territory and organised for the exercise of sovereignty. State cannot be seen.
Government is made by the people of the State. It is formed by the representatives of the people. It has a definite and defined organisation and form. It can be seen as a team of people exercising the power of the State.
The State is more or less permanent and continues for time immemorial. A government may come and go, but the State continues for ever. Death of a ruler or the overthrow of a government in general elections does not mean the change of the State.
Government is organised only by a portion of the population of State
The whole population is a part of the State. All the people are citizens of the State. However, government is made by the representatives of the people. The government consists of only a few selected citizens. The organs of the government consists of only a few selected citizens.
The organs of the government are the executive, legislature and judiciary. The few selected persons will run these three organs of the government. Thus, the State is a much broader organization than the government.
Membership of the State is compulsory but not that of the government.
Membership of a State is compulsory but not of Government
All people are citizens of the State. They together constitute the population of the State. Each one normally gets the membership (citizenship) of a State automatically right at the time of one’s birth and continues to live life as such.
However, membership of the government is not automatic. No one can be forced to become its part. Anyone can voluntarily seek an election, get elected as a representative of the people and become a part of the government.
The citizens possess rights to go against government but not against the State. The State only acts through the government and the government may commit mistakes and not the State. Thus, the citizens have only rights to go against the government. Moreover, since the State consists of the citizens, if the citizens go against the State, it will mean to go against themselves. This is an impossible proposition. The State is therefore, an indestructible union of citizens having the chief characteristic of permanence and continuity. Government is only a part of the State.
Sovereignty belongs to State and not to Government
Sovereignty is the hallmark of the State. It belongs to the State. The government exercises power on behalf of the State. It acts on the basis of the sovereignty of the State. Sovereignty is the comprehensive, absolute, unlimited and all inclusive supreme power of the State.
The government exercises only well defined and limited powers. The authority of the State is absolute and unlimited. Its power cannot be taken away by any other institution. Government possesses no sovereignty, no original authority, but only derivative powers delegated by the State through its constitution. Powers of government are delegated and limited.
Territory belongs to the State
The State has sovereign ownership and jurisdiction over its territory. State is a territorial entity and territory belongs to it.
The government has the responsibility to preserve, protect and defend the territory of the State. The laws made by the government are applicable to all parts of the territory of State but territory belongs to the State and not to the government.
Every State has uniformly four essential elements, however the forms and features of Government differ from State to State
Each State has a uniform personality with its four essential elements Population, Territory, Government and Sovereignty. However, governments can be of different forms— Parliamentary or Presidential, Unitary or Federal or a mixture of these. A government can be monarchical or aristocratic or democratic or a dictatorship. The people can by choice change the form of their government. But the State exists independently and has a uniform character. The characteristics of the State do not undergo changes. Thus, there is no uniform pattern of government. But the State is a universal institution having one single form with its four essential characteristics.
State is Permanent, Government is Temporary
Governments come and go regularly. After every general election the government changes. It can also undergo a total change through an election or even through a revolution. State is permanent. It continuously lives so long as it continues to enjoy sovereignty. Independent India continues to live as a sovereign independent state since 1947. However, she has witnessed the rise and fall of several governments at the national and state levels.
Thus, there are several well-defined and well-recognised differences between the State and Government. But essentially, the people comprise the State and appoint representatives to form Government and execute functions of the State .
Types Of Government
A government is the system by which a State or community is controlled. Government is the means by which State policy is enforced, as well as the mechanism for determining the policy of the State. A form of government, or form of State governance, refers to the set of political systems and institutions that make up the organisation of a specific government.
There are many forms of government, all capable of governing the State, including;
Anarchism
A form of government (or lack thereof) with no ruling hierarchy, instead decisions are made at a directly democratic level: laws are created by citizens alone, although they may be enforced by institutions that are not publicly controlled.
Anarcho-capitalism
A stateless society composed of sovereign individuals living within the constraints of a corporatist market.
Anarchy
Anarchy is lack of a central government, as there is no one recognized governing authority; in anarchy there is no effective government (as opposed to an “ineffective government”) and each (rugged) individual has absolute liberty. It is important to note, however, that the lack of a government to enforce laws does not automatically imply that there are no laws; anarcho-capitalism in particular posits a form of anarchy with a body of explicit laws.
Aristocracy
A form of government in which a select few rule based on inherited hereditary right.
Autocracy
A form of government in which the political power is held by a single, self-appointed ruler.
Communist state
A hypothetical stateless entity that follows after socialism as according to Marxist theory.
Corporatocracy
A form of government where a corporation, a group of corporations, or government entities with private components control the direction and governance of a country. (See USA.)
Demarchy
A hypothetical political system run by randomly selected decision makers who have been selected by sortition (drawing lots). Think selecting a legislature or executive in the same manner that a jury (in the US) is presently selected.
Democracy
Refers to a broad range of types of government based upon the “consent of the governed”. In its purest form it is the same thing as mobocracy, but it is usually practiced in the form of a republic or constitutional monarchy, which provides checks and balances and an establishment that is able to tap an unruly mob on its collective head. In the US, “democracy” is often mistakenly assumed to mean direct democracy as opposed to representative democracy (see also Republic).
Despotism
Rule by an all-powerful individual. A less polite term for “autocracy.”
Dictatorship
Rule by a dictator instead of a despot. Technically, a dictatorship is where the executive holds a disproportionate amount of power, so an oligarchy (see below) can be a dictatorship, as in the case of South American juntas.
Epistemocracy
A utopian type of society and government in which people of rank, including those holding political office, are those who possess epistemic humility, whatever that is.
Ethnocracy
A form of government where representatives of a particular ethnic group hold a number of government posts disproportionately large to the percentage of the total population that the particular ethnic group(s) represents and use them to advance the position of their particular ethnic group(s) to the detriment of others. In Nazi Germany ethnic groups Hitler supported held all the power. Neo-Nazis often accuse Jews of possessing an ethnocracy in the person of the U.S. government, which they call the Zionist Occupation Government.
Exilarchy
A form of government, usually theocratic or monarchic, that is established and constituted for rule over an ethnic or religious diaspora rather than over the place of origin whence the diaspora originated.
Fascism
Rule by a totalitarian and corporatist government. It has also gone by the names Nazism, Baathism, Corporatism, and Falangism.
Feudalism
Government by a usually hereditary class of military landowners, who exact goods and services from a peasant class in exchange for protection. Usually features complex webs of loyalties and ranks.
Futarchy
System of government proposed by economist Robin Hanson based on the idea of voting on a certain outcome and then figuring out how to achieve it.
Geniocracy
A system of government first proposed by Rael (leader of the International Raëlian Movement) in 1977, which advocates problem-solving and creative intelligence as criteria for regional governance. Not, unfortunately, rule by genies, which would be much more awesome.
Kakistocracy
Government by the least qualified or most unprincipled citizens, “Government by the worst.”
Kleptocracy
A term applied to a government that extends the personal wealth and political power of government officials and the ruling class (collectively, kleptocrats) at the expense of the population.
Kratocracy
Rule by those who are strong enough to seize power through force or cunning.
Kritocracy or Krytocracy
Rule by judges.
Matriarchy
Rule by women, or a government which regards female humans as entitled to rule and to exercise power over men.
Meritocracy
A government wherein appointments are made and responsibilities are given based on demonstrated talent and ability, usually incentivising “merit”.
Minarchy
A political ideology which maintains that the state’s only legitimate function is the protection of individuals from aggression.
Mobocracy or Ochlocracy
Rule by mob or a mass of people, or the intimidation of constitutional authorities.
Monarchy
Rule by an individual for life or until abdication, often hereditary. On a positive note, a monarchy usually possesses more checks and balances than an autocracy or dictatorship.
Necrocracy
A government that operates under the rules of a dead ruler. E.g. North Korea.
Oligarchy
A form of government in which power effectively rests with a small elite segment of society distinguished by royal, wealth, intellectual, family, military or religious hegemony.
Panarchracy
A political philosophy emphasizing each individual’s right to freely join and leave the jurisdiction of any governments they choose, without being forced to move from their current locale.
Patriarchy
Rule by men, or a government which regards male humans as entitled to rule and to exercise power over women.
Plutocracy
Rule by the wealthy, or power provided by wealth.
Republic
Historical and international definition: Any of a wide variety of non-monarchical governments where eligibility to rule is determined by law. US definition: Rule by elected individuals representing the citizen body and exercising power according to the rule of law.
Socialist republic or people’s republic
A state run by a communist party, or worker representative democracy, with a centrally controlled economy and resources distributed by need and produced by ability, where workers, or the Party, control the means of production.
Stratocracy
A system of government in which there is no distinction between the military and the civil power.
Technocracy
A form of government in which engineers, scientists, and other technical experts are in control of decision making in their respective fields.
Theocracy
A form of government in which a god or deity is recognized as the state’s supreme civil ruler. Since said god or deity is usually absent from decision making, a self-appointed or elected leader or leaders of the religion of said god or deity will rule instead through personal interpretation of the laws commanded by the god in that religion’s (usually written) law.
Theodemocracy
A political system theorized by Joseph Smith, Jr., founder of the Latter Day Saint movement (Mormons). As the name implies, theodemocracy was meant to be a fusion of traditional republican democratic rights under the US Constitution combined with theocratic elements.
Timocracy
Either a state where only property owners may participate in government or where rulers are selected and perpetuated based on the degree of honour they hold relative to others in their society, peer group or class.
Tyranny
Rule by a selfish or otherwise bad single ruler
Functions of Government
“Since government is essentially constituted to enable effective control of the State, it naturally follows that the functions of government will mirror that of the State”
By Woodrow Wilson
Classification of the functions of Government may be simplified thus;.
I. The Constituent Functions – the base governmental functions, e.g. the protection of life, liberty, and property, together with all other functions that are necessary to the civic organization of society, i.e. functions which are not optional with governments and strike at the very bonds of society.
II. The Ministrant – other functions undertaken, not by way of governing, but by way of advancing the general interests of society, – functions which are optional, being necessary re standards of living and not according to standards of existence, i.e. functions which assist without constituting social organization.
The Constituent Functions
- (1) The keeping of order and providing for the protection of persons andproperty from violence and robbery.
- (2) The fixing of the legal relations between man and wife and betweenparents and children.
- (3) The regulation of the holding, transmission, and interchange ofproperty, and the determination of its liabilities for debt or for crime.
- (4) The determination of contract rights between individuals.
- (5) The definition and punishment of crime.
- (6) The administration of justice in civil causes.
- (7) The determination of the political duties, privileges, and relationsof citizens.
- (8) Dealings of the state with foreign powers: the preservation of thestate from external danger or encroachment and the advancement of itsinternational interests.
The Ministrant Functions
- (1) The regulation of trade and industry. Under this head I wouldinclude the coinage of money and the establishment of standard weights andmeasures, laws against forestalling and engrossing, the licensing of trades,etc., as well as the great matters of tariffs, navigation laws, and the like.
- (2) The regulation of labour.
- (3) The maintenance of thoroughfares, - including state management ofrailways and that great group of undertakings which we embrace within thecomprehensive term 'Internal Improvements.'
- (4) The maintenance of postal and telegraph systems, which is verysimilar in principle to (3).
- (5) The manufacture and distribution of gas, the maintenance of water-works, etc.
- (6) Sanitation, including the regulation of trades for sanitary purposes.
- (7) Education.
- (8) Care of the poor and incapable.
- (9) Care and cultivation of forests and like matters, such as thestocking of rivers with fish.
- (10) Sumptuary laws, such as 'prohibition' laws, for example.
These may change from climes and times, but all governments alike have undertaken them issuing from changed historical conditions, historical circumstances. Diversities of conception are very much more marked than diversities of practice.
Yet undertaken by more than one modern government is: the maintenance of savings-banks, especially for small sums(e.g., the English postal savings-bank), the issuance of loans to farmers, and the maintenance of agricultural institutes (as in France), and the establishment of insurance for workingmen (as in Germany)
The State of Nigeria
The State of Nigeria derives its origins from colonial imposition. Having gained independence, the form of government adopted was Democracy. And whilst there have been several incursions by the Military, creating Governments that ruled the State through much of the period after independence, Civilian democratic rule was finally restored in 1999 and remains the form of government still practiced till date.
Many of us complain about the State and the Government.
Q: Did you know that the powers of a State reside in the People of the State, the Citizens, not the Government?
Q: Did you know that the Government are merely representatives of the State, i.e. the Citizens?
Q: Did you know that the People of a State can change the system of Government of the State?
Q: Do you know that the People of a State can change the Government of the State?
The people can make a difference only by working together as one to protect and preserve the State in the interest of all.