Editor in Chief: Moh. Reza Huwaida Thursday, April 25th, 2024

Elements of State

|

Elements of State

Through their political evolution and will, human beings have formed states wherein they live and strive to achieve bliss and contentment. Though they have not achieved complete bliss and contentment, states have solved many of their issues. It is really important that we must understand what the state is and what its basic elements are, so that we are able to manage it properly and achieve a certain level of bliss and contentment.

Population is one of the basic elements of state. The state is a human institution and it is not possible to envisage a state without people. However, there is no unanimity amongst scholars regarding the ideal size of population of a state. According to Plato an ideal state should consist of 5000, while Rousseau fixed the population of an ideal state at 10,000. However, in the modern times the scholars have not ventured to fix any upper or lower limits of the population. In fact, at present there are states with large population like China and India, as well as states which have a small population like San Marino.

The number of the people inhabiting a state does not necessarily add to its strength or prosperity. It is well known that the poverty of certain countries is due to their overpopulation. Therefore it can be said that the population of the state should not be so large that it cannot be supported by its resources, nor it should be so small that it cannot defend its boundaries or fully exploit the resources available on the territory. In other words, there is direct relationship between the population and the territory and resources available for the people. However, from the quality point of view the people should be healthy, educated, possess civic sense, etc.

Territory is another important element of state. The nomadic people wandering from place to place cannot constitute a state. Though some scholars like Seeley do not consider the territory as an essential element but the general opinion of the scholars is that it is an essential attribute of state. It’s in only when the people acquire a territory and establish their sole control or jurisdiction over it that a state comes into existence. For example, the Jews before Second World War were scattered all over the world but they did not constitute a state. It was only after they snatched the territory of Palestine and settled down there that the Jew state of Israel came into existence. In fact it is the territory which distinguishes the state from other associations.

As in case of population there is no unanimity among scholars regarding the size of territory which a state should possess, same is the case with territory. While some have favored small states, the others plead for large territorial states. For example, Aristotle and other ancient thinkers favored small territory. Rousseau also favored a small sized state because large territory led to the weakening of the social bonds. In modern times majority of the scholar have favored large territory because the two most powerful states of the present times viz. USA and China possess very large territory. However, no uniform rule can be laid down in this regard. At present there are large states like Russia, USA, India, etc. and small states like San Marino, which has barely a territory of 40 square miles. But there is a general trend on the part of small states to join hands and form federations.

It may be noted that the strength of the state does not entirely depend on the vastness of its territory. It is also desirable that the natural resources available within the territory should be sufficient to meet the requirements of the people. The geographical position, climate and the character of the people are also vital factors which contribute to the strength of a state.

The government is the third important element of a state. For the formation of a government it is essential that there should be an agency or organization through which the state can express itself and ensure its will. This agency or organization is known as government. The government must be well organized and should possess power and resources necessary to enforce its commands and compel respect for its authority; otherwise, it will not be able to maintain internal peace and order or discharge international obligations which international law imposes on the state as a condition of membership in the family of nations.

There is no formal rule regarding the form of government which a state should possess. It may be democratic or dictatorship, a parliamentary or presidential but it must be able to command obedience of the general public and establish peace and prosperity in the country.

Sovereignty is probably the most important element of state. In fact, it is sovereignty which distinguishes state from other organizations. It means the highest power over all the people internally as well as externally. Internally the state should have authority to make laws and implement them without any obstruction. There is no other parallel authority which can pose a challenge to the jurisdiction of the state. In short, internally the state has supreme power to regulate, control, coerce and punish all the individuals, groups etc. within its jurisdiction. Externally the state should be free from foreign control and determine its foreign policy without any outside interference or pressure. In other words, there is no external limitation on the authority of the state. However, this does not prevent the state from accepting voluntary restrictions on its authority through agreements and treaties.

In addition to the four basic elements of state mentioned above, some scholars consider international recognition as another important element of state. They contend that any inhabited portion of territory assumes the character of a state, only when it is accorded recognition by other members of the international community. However, recognition of one state by another is a political act which depends on considerations of national interests. There are numerous instances to show that a particular state was not recognized by the other states for purely political reasons. For example, USSR was not given recognition by USA till the beginning of the thirties. Likewise, People’s Republic of China had to wait for almost two decades before it was accorded recognition by USA. Further, some states are accorded recognition by some state and denied recognition by the others. If we consider recognition as an important element of state, it will indeed be difficult to decide whether such states should be treated as states or not. In the light of all this, it can be said that recognition cannot be considered an indispensible factor for the existence or continuation of the state, even though it is an important act in international politics.

Dilawar Sherzai is the permanent writer of the Daily outlook Afghanistan. He can be reached at dilawar.sherzai@gmail.com.

Go Top