The Modern State: Elements, Structure, and Power
State: Origin of the Modern State
The French Revolution altered the situation of absolutist states, giving way to more democratic and constitutional separations of powers, influenced by liberal ideas.
Key Figures and Events:
- Niccolò Machiavelli’s contributions to government theory
- The French Revolution’s impact on the origin of the modern state
State-Form and Form of Government
State-form primarily refers to the structure and distribution of power within a state.
Form of government concerns how power is exercised and how rulers are appointed.
It’s important to note that similar state-like structures can have different forms of government, and vice-versa. For example, the United States and Germany are both federal states, but the U.S. has a presidential government while Germany has a parliamentary one. Chile and Mexico have different state structures (unitary and federal, respectively) but similar presidential forms of government.
Examples:
- Unitary State: Chile
- Federal State: Brazil, Mexico, Argentina
Unitary State (Polity)
A unitary state has a single center of power (capital and executive) exercised through bodies with different functions, all based in the capital. The people follow a single constitution, and the political organization covers the entire national territory. Administration can be centralized or decentralized. Decentralization streamlines operations by granting legal personality, powers, heritage, and responsibility to agencies indirectly involved with federal power.
Federal State
A federal state is decentralized, with no single center of power. All states work together with a central government and regional governments acting in a coordinated manner. Each operates independently but together forms a single entity.
Elements of a State
Traditionally, three elements define a state:
- Human Element (Population): All men and women within the state. The population can be citizens or foreign nationals. Citizens participate in the political organization of the country (Constitution).
- Territory: The geographic area where the population resides.
- Power: The force that governs and controls the population within the territory.
Population and Citizenship
- Census: An accounting of the population every ten years.
- Nation: A group of people who share a common life.
- National Statistics Institute (INE): Manages the census.
- Sources of Nationality:
- Birthright citizenship (jus soli)
- Descent from Chilean parents (jus sanguinis)
- Nationalization
- Citizenship in Chile: Chileans who are 18 years old and have no criminal record are entitled to vote and be elected to office, provided they are registered in the electoral registers.
Territory
Chile’s territory is defined by its borders: the United States to the north, Bolivia and Argentina to the east, the South Pole to the south, and the Pacific Ocean to the west.
Key Territorial Facts:
- Total land area: 2,006,626 sq km (756,765 sq km mainland and islands, 1,250,000 sq km Chilean Antarctica)
- Length: 4,270 km (mainland), 8,000 km (including Chilean Antarctica)
- Widest part: 468 km (at the Strait of Magellan)
Components of Territory:
- Land Area: Soil, subsoil, and the territorial sea’s subsoil.
- Maritime Space: Extension of land toward the sea.
- Territorial Sea: Extension of state sovereignty over adjacent waters.
- Maritime Patrimony: Area where states have the right to exploit resources (200 miles).
- Airspace: Space above land and territorial sea.
- Legal Enclaves: Places recognized as part of state jurisdiction by treaties or agreements.
State Power
Power is a force in the service of an idea (Georges Burdeau). A politically organized society needs an authority with coercive power. This power is exercised by the state, not by individuals.
Characteristics of State Power:
- Original and inherent
- Autonomous and independent
- Coercive and centralized
- Territorially delimited
Sovereignty
Sovereignty means that state power does not recognize any higher power. The nation holds sovereignty, exercised through elections.
Three State Powers
- Executive (Government)
- Legislative (Makes laws)
- Judicial (Administers justice)
The division of powers ensures individual freedom and rights. The state’s goal is the common good, which is the set of conditions allowing all groups and individuals to reach their full potential.
Binomial System
This system proposes that political parties in each constituency should present candidates for election, with the majority vote winners (two members and two senators) representing the constituency.