State and Government: Features, Functions, and Constitution
Table of Contents
1. Features of the State and Functions of Government .............. 1
2. Differences and Similarities Between State and Government ..... 1
3. Constitution and Constitutionalism ............................ 2
4. Purposes of Constitution ...................................... 2
5. Does the Mere Existence of a Constitution Guarantee Rights? ... 3
6. References .................................................... 3
1. Features of the State and Functions of Government
Features of the State
1. Population: A state must have people to govern.
2. Territory: A defined geographical area is essential for a state.
3. Sovereignty: The state possesses ultimate authority within its boundaries.
4. Government: The state operates through an organized system to create and enforce laws.
5. Recognition: A state is recognized by other states and international organizations.
Functions of Government
1. Legislation: Making laws to govern the people.
2. Administration: Enforcing and implementing laws.
3. Judiciary: Resolving disputes and interpreting laws.
4. Security: Protecting citizens from external and internal threats.
5. Welfare Services: Promoting the economic and social well-being of citizens.
2. Differences and Similarities Between State and Government
Differences Between State and Government
State: Permanent entity; comprises population, territory, and sovereignty; abstract concept.
Government: Temporary in nature; comprises individuals and institutions exercising power; concrete
and functional.
Similarities:
1. Both work towards law and order.
2. Both are essential for societal organization.
3. Both derive power from the constitution or established norms.
3. Constitution and Constitutionalism
Constitution: The fundamental legal document outlining the structure, functions, and principles of
government, as well as the rights and duties of citizens.
Constitutionalism: The practice of limiting government power through a constitution, ensuring
governance according to the rule of law and upholding democratic values.
4. Purposes of Constitution
1. Establishing Governance Framework: Defines government structure and authority.
2. Safeguarding Rights: Protects citizens' fundamental rights.
3. Limiting Power: Prevents misuse of authority.
4. Promoting Stability: Ensures legal order and continuity.
5. Does the Mere Existence of a Constitution Guarantee Rights?
No, the mere existence of a constitution does not guarantee human and democratic rights.
Reasons with Examples:
1. Lack of Implementation: In North Korea, the constitution claims to guarantee rights, but
authoritarian practices violate them.
2. Authoritarian Interpretations: Zimbabwe's constitution allows for certain rights, yet corruption and
abuse of power restrict freedoms.
3. Absence of Rule of Law: Myanmar has a constitution, but military coups undermine its
enforcement.
6. References
1. Heywood, Andrew. Politics. 5th Edition.
2. Hague, Rod, and Harrop, Martin. Political Science: A Comparative Introduction.
3. Constitution of North Korea and Zimbabwe (examples from legal sources).
