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 ( ), 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.

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

9. Population
the whole number of people or inhabitants in a country or region.

10. Territory
a geographic area belonging to or under the jurisdiction of a governmental authority.
every state has established boundaries

11. Government
the group of people with the authority to govern a country or state
the institution through which the state maintains social order, provides public services and enforces decisions

12. Sovereignty
The supreme and unrestricted power by which an autonomous state is governed and from which all political powers are derived.
State alone posses sovereignty. Without sovereignty no state can exit.

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

14. 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.

15. 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.

16. 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.

17. Research
Find out more about the Montevideo Convention on the Rights and Duties of States (1933). Why was this convention important?

18. Thank you for your attention!