Elements of state1. PopulationThe State is a human institution. Hence population is its first and foremost element. No state can be imagined without the people, as there must be some to rule and others to be ruled. The people constitute its "personal basis".It is however, difficult to fix the size of the population of a state. For the Greek Philosopher Plato, the ideal state should not contain more than 5040 people. But Rousseau the French Philosopher would treat 10,000 inhabitants as the ideal population.Modern states greatly vary in population. While some modern states (e.g. the USA, Russia and Canada) are still under populated relating to area, resources and similar factors, others (e.g., China, India, Egypt) are confronted by the problem of population which is expanding too rapidly for their natural and technological resources. There is no such hard and first rule as to the number of people required to make a state. The population of a state must be large enough to preserve the political independence and to exploit its natural resources and small enough to be well governed.2. TerritoryPeople cannot constitute a state, unless they inhabit in a definite territory When they reside permanently in a fixed place, they develop a community of interests and a sense of unity. It becomes easy to organise them into a political unit and control them. So the state requires a fixed territory, with clearly demarcated boundaries over which it exercises undisputed authority. Territory is its "material basis". The territory of a state comprises:i) Land, mountains, rivers and lakes within its frontiersii) Territorial water, extending six miles into the sea from the coast,iii) Air space, lying above its territory.The state has full rights of control and use over its territory. Any interference with the rights of one state by others may lead to war.But how much territory is necessary for the maintenance of state? There is no accepted rule as to the size of a state's territory. In the modern world, we find states of all sizes and shapes. More important than the size are the nature resources and the location of the state. A geographically contiguous territory is an asset; otherwise it creates problems of administration and control.3. Government- is the important- indeed, indispensable machinery by mean of which the state maintains its existence, carries on its functions and realise its policies and objectives. A community of persons does not form a state unless it is organised by an established government.Government usually consists of three branches: the Legislature, the Executive and the Judiciary. Their respective functions are legislation, administration and adjudication. The particular form of government depends upon the nature of the state which in turn depends upon the political habits and character of the people.

4. Sovereignty-The fourth essential element of the state is sovereignty. It is that important element which distinguishes the state from all other associations. The word 'Sovereignty' denotes supreme and final legal authority and beyond which no further legal power exists.Sovereignty has two aspects- internal and external. Internal sovereignty is the supreme authority of the state over all individuals and associations within its geographical limits. By virtue of it, the state makes- and enforces laws on persons and associations. Any violation of these laws will lead to punishment.External sovereignty implies the freedom of the state from foreign control. No external authority can limit its power. India before 1947 was not a state because though it had the other three elements, i.e., population, territory and government, the fourth and the most important one i.e., independence was missing.A state's sovereignty extends to its territory. The sovereignty of the state over its territory and its people must be accepted as undisputed. A state also requires recognition by other sovereign states. Such recognition is provided by the community of states; international organisations like the United Nations, which grant membership to sovereign states. The UN membership is a means of recognising state's sovereignty whenever a new state comes into existence, its recognition by other states and by UN is extremely important.Fundamental powers of state1. POLICE POWER is the power of promoting the public welfare by restraining and regulating the use of both liberty and property of all the people. It is considered to be the most all-encompassing of the three powers. It may be exercised only by the government. The property taken in the exercise of this power is destroyed because it is noxious or intended for a noxious purpose.It lies primarily in the discretion of the legislature. Hence, the President, and administrative boards as well as the lawmaking bodies on all municipal levels, including the barangay may not exercise it without a valid delegation of legislative power. Municipal governments exercise this power by virtue of the general welfare clause of the Local Government Code of 1991. Even the courts cannot compel the exercise of this power through mandamus or any judicial process.

Requisites of a valid police measure:

(a.) Lawful Subject the activity or property sought to be regulated affects the public welfare. It requires the primacy of the welfare of the many over the interests of the few.

(b.) Lawful Means the means employed must be reasonable and must conform to the safeguards guaranteed by the Bill of Rights.

2. POWER OF EMINENT DOMAIN affects only property RIGHTS. It may be exercised by some private entities. The property forcibly taken under this power, upon payment of just compensation, is needed for conversion to public use or purpose.The taking of property in law may include:

- trespass without actual eviction of the owner;- material impairment of the value of the property; or - prevention of the ordinary uses for which the property was intended.The property that may be subject for appropriation shall not be limited to private property. Public property may be expropriated provided there is a SPECIFIC grant of authority to the delegate. Money and a chose in action are the only things exempt from expropriation. Although it is also lodged primarily in the national legislature, the courts have the power to inquire the legality of the right of eminent domain and to determine whether or not there is a genuine necessity therefore.

3. POWER OF TAXATION affects only property rights and may be exercised only by the government. The property taken under this power shall likewise be intended for a public use or purpose. It is used solely for the purpose of raising revenues, to protect the people and extend them benefits in the form of public projects and services (I hope so). Hence, it cannot be allowed to be confiscatory, except if it is intended for destruction as an instrument of the police power.It must conform to the requirements of due process. Therefore, taxpayers are entitled to be notified of the assessment proceedings and to be heard therein on the correct valuation to be given the property. It is also subject to the general requirements of the equal protection clause that the rule of taxation shall be uniform and equitable.