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UNIT 1 THE STATE, ITS DEVELOPMENT AND FUNCTIONS

UNIT 1 THE STATE, ITS DEVELOPMENT AND FUNCTIONS. Answer the following questions:. 1. How would you define the state? 2. According to you, what are the main characteristics of the state? 3. In your opinion, what are the main functions of the state?. Weber’s definition.

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UNIT 1 THE STATE, ITS DEVELOPMENT AND FUNCTIONS

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  1. UNIT 1 THE STATE, ITS DEVELOPMENT AND FUNCTIONS

  2. Answer the following questions: • 1. How would you define the state? • 2. According to you, what are the main characteristics of the state? • 3. In your opinion, what are the main functions of the state?

  3. Weber’s definition • A well-known definition of the state was given by famous sociologist Max Weber (1864-1920), according to whom the state is “a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory”. • Translate the definition! • How would you explain Weber’s definition?

  4. Translation • Država je organizirana društvena zajednica koja ima monopol na legitimno nasilje u određenom zemljopisnom području. • Do youagreewiththistranslation? • Wouldyouchange/addanything?

  5. Law and state • A State is a territorial division in which a community of people lives subject to a uniform system of law administered by a sovereign authority, e.g. a parliament.

  6. The Montevideo Convention on Rights and Duties of States (1933). • The Montevideo Convention provides that the state as a person of international law should possess the following qualifications: • 1) a permanent population, • 2) a defined territory, • 3) a government that is capable of maintaining effective control over the corresponding territory, and • 4) the ability to conduct international relations with other states. • Translate the above!

  7. Translation • Montevidejska konvencija navodi da država, kao osoba prema međunarodnom pravu, mora imati sljedeće osobine: • (1) stalno stanovništvo; • (2) definirani teritorij; • (3) vlast koja može uspostaviti učinkovitu kontrolu nad tim teritorijem; i • (4) sposobnost da stvara odnose s drugim državama.

  8. Elements of the state • Population • Territory • Government • Sovereignty • Canyouexplaintheseelements?

  9. Population - the whole number of people or inhabitants in a country or region. • Territory - a geographic area belonging to or under the jurisdiction of a governmental authority; everystatehasestablishedboundaries • Government - the group of people with the authority to govern a country or state • Sovereignty - Thesupremeandunrestrictedpowerbywhichanautonomousstateisgovernedandfromwhichallpoliticalpowers are derived. State alone posses sovereignty. Without sovereignty no state can exit.

  10. Bureaucratic mode • According to Max Weber, the administrative arrangements typical of the state are bureaucratic. This means that administration is carried out on the basis of various forms of knowledge – juridical, military, fiscal, managerial, statistical, geographical, etc. The state's capacity to apply such knowledge via its bureaucratic apparatus qualifies it as a rational political enterprise, seeking both effectiveness (the maximal achievement of its own goals) and efficiency (the optimal relation between means and ends).

  11. Hierarchical mode • The performance of the various state activities by diverse personnel is controlled by personnel higher up who instruct their inferiors on how to operate, who can monitor their performance and, if necessary, sanction them if their performance does not meet the required standards. • The pyramid, where the base is provided by the personnel on the ground and the apex by the controlling bureaucratic elite. • In this way, the state secures its unity, uniformity and consistency in the way its activities are carried out over time and in various places.

  12. Functions of the state • The state has three main functions: • 1) legislative, • 2) judicial, and • 3) executive.

  13. The legislative function • The legislative function is exercised mainly through Parliament which has the power to make laws of general application and to grant to other bodies the power to make delegated legislation under the authority of an Act of Parliament.

  14. The judicial function • The state also has the authority to determine disputes which arise out of the operation of its laws. Such disputes are allocated to courts, or tribunals.

  15. Executive functions • The state has various executive functions. It must initiate, formulate and direct general policy. That policy must then be put into operation, monitored and regulated. This is the responsibility of the government, the main decisions being taken by the Cabinet and put into effect by the various government departments and agencies.

  16. Thank you for your attention!

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