Month: January 2023

With the decline of the Roman Empire, centralized authority was eroded and led to an era of what many have called ‘feudal anarchy’.22 A politico-economic system based on the hierarchical relationship of patronage emerged in Europe. This system of hierarchical patronage created a chain of pyramidal dependencies starting from the ruler or lord. The latter gave loyal… Continue reading Feudal States

Rome initially emerged as a powerful city-state and subsequently spread to become a large empire. The authority of the emperor was understood in terms of the conception of dominium, which meant the right of ownership of land and people connected with it. Unlike the other city-states, which were democratized, the Roman Empire gave birth to… Continue reading The Roman Empire

In the Western hemisphere, the emergence of the Greek city-states heralded the era of the State. The earliest form is recognized as the city-states between 800 BC and 500 BC. By and large, the Greek city-states were organized on the basis of the earliest forms of democracy—’direct democracy’ with direct participation of the people. Subsequently,… Continue reading City-States

The State is a historical phenomenon—it emerged in a particular stage in history. Prior to the emergence of the State, there were primitive forms of social organizations, which lacked definite forms of political authority. We can call this stage the stage of ‘stateless societies’ where no territorial allegiance existed nor was any centralized authority.18 Though many writers… Continue reading Pre-state Societies and Oriental Empires

The State has travelled a long journey from its initial stage, the city-state, to the present form, the nation-state. The change in the form of the State can largely be attributed to the evolution of society and socio-economic development. Its form has reflected changes in the realm of society, economies, cultures, religious views and scientific… Continue reading Journey of the State

In his Arthásastra, Kautilaya discusses seven elements that constitute a state.17 This is referred to as the Saptang theory according to which the seven elements (prakàtis) include: (i) the king (Svamin), (ii) the ministers, councillors and high officials (Amatyas), (iii) the territory on which people are settled (Janápada), (iv) the fortified towns and cities (Durgá), (v) the treasury or… Continue reading Kautilaya’s Saptang theory or the seven elements of the state

The concept of permanence of the state means that once organized, a State should continue to exist. Additions or the partial loss of territory due to factors like secessions, conquest, division, merger, etc. should not affect the juridical personality of the State. For example, after independence from British rule, India became a sovereign State despite… Continue reading Permanence of the state and the doctrine of continuity of the state

We argue that international recognition is also one of the essential elements of the state. International recognition refers to the formal recognition of the sovereignty of the State in question by international organizations and other States. In this context, we may recall the process of de-colonization and formal recognition of independent states. The UN Committee… Continue reading International recognition

Constitution Going by the near-universal existence of a constitution for each country as a defining formal document of the rights and duties of the people, the power and limitations of government and as the source of all coercive power that the modern State exercises or threatens to exercise, we would like to argue that a… Continue reading Certain Considerations on the Elements of the State

Generally, four constituent elements of the State are considered essential—population, territory, government and sovereignty. Understanding the State in terms of these elements makes it possible to differentiate states from stateless societies. Population For organizing political and civic life, the State should have people to act upon. However, a population is only one of the requirements… Continue reading Elements of the State