Table of Contents

State, Government and Law

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Table of Contents

Theoretical overview

Government is regarded as an essential element of the state. In actual practice, the state is represented by the government. Governments exercise all authority and functions on behalf of the state. However, the terms ‘state’ and ‘government’ should not be used synonymously. ‘State’ represents a wider and more stable entity than ‘government’. State has a constitution, a code of laws, a way of setting up its government, a body of citizens. When we think of this whole structure we think of the state.

In this sense, it is an analytical study of what the ―State is. Garner has rightly said that ―Political Science begins with the State and ends with the State. But Political Science does not confine its area to the past and present States only. It also attempts to formulate principles of good government or in other words, it suggests what the State ought to be. It is therefore, a study of past, present and future of the State. However, the study of Political Science is wider than the activities of the State.

laws are rules and regulations made for the welfare of association. Law primarily operates to enforce Law and order in the State, resolve and settle disputes in the state, protect the rights of the citizens in the state and to regulate the activities of the government of a state.

Difference b/w state and government

stateGovernment
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 which acts for the state.
Government is an agency of the State. It acts for 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 2 ensures conformity to the laws of the stateGovernment exercises power and authority on behalf of the state.
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 seenGovernment 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 whole population is a part of the State. All the people are citizens of the State.government is made by the representatives of the people. Only some people, who get elected act as representatives of the people, form the government of the Stat
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 suchmembership 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. Only some persons form the government.
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

Difference between state and law

statelaw
state refers to a political entity that has sovereignty over a particular territory and population.law refers to a set of rules and regulations that govern the behavior of individuals and organizations within a state.
The state is responsible for providing security, maintaining law and order, and delivering public serviceslaw is created by the government to ensure that everyone is treated fairly and justly, and to protect the rights of citizens.
the state is the political entity that has the power to create and enforce lawslaw is the set of rules and regulations that are created by the state to govern the behavior of individuals and organizations within its territory.

Points to remember

  1. A State has four essential elements—Population, Territory, Government and Sovereignty.
  2. Government is only one element of the State. It is just one part of the State which acts for the state.
  3. law refers to a set of rules and regulations that govern the behavior of individuals and organizations within a state.

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