Understanding state, government and citizenship

Understanding State
The term ‘state’ has been used to refer to;

 a confusing range of things: a collection of institutions,

a territorial unit, a philosophical idea, an instrument of
coercion or oppression, and so on.
 been understood in four quite different ways;
 from an idealist,
 a functionalist,
 an organizational and
 an international perspective
UNDERSTANDING STATE
THE IDEALIST APPROACHE:
 most clearly reflected in the writings of Hegel.
 He identified three moments of social existence:
 the family, civil society and the state.
 WITHIN THE FAMILY, he argued, children or elderly relatives
 IN CONTRAST, CIVIL SOCIETY was seen as ‘universal egoism’ in which
individuals place their own interests before those of others.
 Hegel conceived of the state as an ethical community reinforced or underpinned by
mutual sympathy – ‘universal altruism’
Understanding state
Functionalist approaches to the state focus on:
the role or purpose of state institutions.
The central function is invariably seen as the maintenance of social
The organizational view defines the state as:
The apparatus of government in its broadest sense.
The state comprises the various institutions of government: the
bureaucracy, the military, the police, the courts, and the social
security system and so on;
it can be identified with the entire ‘body politic’
UNDERSTANDING STATE
The international approach to state:
 views it primarily as an actor on the world stage; indeed, as
the basic ‘unit’ of international politics.
 The classic definition of the state in international law is found
in the Montevideo Convention on the Rights and Duties of the
State (1933).
 According to Article 1 of the Montevideo Convention,
 the state has four features: a defined territory, permanent
population, an effective government and sovereignty
UNDERSTANDING STATE
Sovereignty:
the highest power of the state that distinguishes it from all other associations
of human beings.
the principle of absolute and unlimited power. It has two aspects - Internal and
External.
In addition to the essential attributes of the state agreed in the 1933, the
contemporary political theorists and the UN considered recognition as the fifth
essential attribute of the state.
It is to mean that, for a state to be legal actor in the international stage; other actors
(such as other states, international intergovernmental and non-governmental
organizations… etc.) must recognize it as a state.
Understanding state
Rival Theories of State include;
 the pluralist state, the capitalist state,
the leviathan state and the patriarchal state.
Pluralist state: has a very clear liberal lineage.
 Proponents believe that the state had arisen out of a voluntary
agreement, or social contract. The issue is getting safeguard via
sovereign power .
In the absence of state individuals abuse, exploit and enslave one
another and vice-versa
Here state is neutral ..Modern pluralists- adopted neo-
pluralist , Which acknowledged business enjoys privileged position
unlike others
UNDERSTANDING STATE
The Capitalist State
State & economic structure are inseparable for marx
an instrument of class oppression
the state emerges out of, and in a sense reflects, the class system.
He(marxist) believed that the state is part of a ‘superstructure’ that is
determined by econom ic base.
Two theories identified in his writing
‘The executive of the modern state is but a committee for managing
the common affairs of the whole bourgeoisie’
State power is relative
Its up to mediate conflicting classes
The Role of the State
the different state forms that have developed are the following: Minimal
states, Developmental states,
Social-democratic states, Collectivized states,
Totalitarian states, and Religious states
Minimal states,
is the ideal of classical liberals- rooted social-contract theory
a protective body, its core function being to provide a framework of peace
and social order.
The new rights take up it in to the modern political debate
Two state’s function for New Rights
A. the maintenance of a stable means of exchange or ‘sound money’ (low
or zero inflation)
B. the pro motion of competition through controls on monopoly power,
price fixing
ANIS.
 Developmental States
intervenes in economic life in due of economic progress.
The classic example is Japan.
 Social Democratic (Welfare) States
states intervene with a view to bringing about broader social
restructuring,
with principles such as fairness, equality and social justice.
Australia and Sweden has been guided by developmental and social
democratic albeit, the two are go hand in hand
SD is both the idea of Modern liberals and democratic socialists
Is active participant in helping to correct the imbalance and
injustice of market economy

ANIS.
 Cont…

• Totalitarian States
• The most extreme interventionist state
• Under control all discourses
• Against the civil society and the private spheres
Example
Hitler of Germany
Stalin of USSR and etc
The central Pillar of such regimes are , a comprehensive process of
surveillance and terroristic policing, and
a pervasive system of ideological manipulation and control.

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Religious State
• Recently state emerge due to the triumph of civil
authority over religious authority.
• Separation of state & religion come up with religion as
individual sphere of right
• 1980s was the rise of religious state which conceive
religion as the basis of politics.

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ANIS.
PEACE: A WORD FROM ALLAH
ANIS.
PEACE: A WORD FROM ALLAH
.
Understanding Government
• What is Government?
• of the most essential components and
• also an administrative wing of the state.
• Organization comprises
• individuals and institutions authorized to formulate public policies and conduct
affairs of state.
• to be stable and effective Authority and legitimacy matters.
• Authority: Legitimate power
• Power is the ability to influence, whereas Authority is the right to do so.
• Legitimacy: is the popular acceptance of a governing regime or law as an authority.
• In the absence it, the gov’t will collapse.

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• Legitimacy:
• The term legitimacy (from the Latin word legitimare, meaning ‘to
declare lawful’) broadly means rightfulness.
• the popular acceptance of a governing regime or law as an
authority.
• considered as a basic condition to rule; without at least a minimal
amount of legitimacy, a government will deadlock or collapse.
• Therefore, legitimacy is;
• gained through the acquisition of power in accordance with
recognized or accepted standards or principles.
Purposes and Functions of Government

1. Self-Preservation
• Responsible to prevail order, internal security and external defense .
2. Distribution and Regulation of Resources:
3. Management of Conflicts
4. Fulfillment of Social or Group Aspirations:
Societal interest has fulfilled in due of promoting human rights and common
good & global peace.
5. Protection of Rights of Citizens
• Democratic, social, economic and political
6. Protection of Property:
• Property ownership is ensured via gov’t instns like court, police & etc
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 CITIZENSHIP

ANIS.
 UNDERSTANDING
CITIZENSHIP

ANIS.
UNDERSTANDING CITIZENSHIP
Understanding Citizenship

• Citizen
• the person who is a legal member of a particular State and one who
owes allegiance to that State.
• the network of relationships between the State and the citizen is
C/p
• I, Citizenship as a Status of Rights:
• Civil, political & social rights
• four components of rights by Hohfeld known as ‘the Hohfeldian
incidents’ namely,
• liberty (privilege), claim, power and immunity.

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• Liberty Right:
• a freedom given for the right-holder to do something.
Example the right to movement.
• Art 25 to 34 of FDRE cons
• Claim Rights: Claim rights impose a corresponding duty
on others unlike liberty right
• Powers Rights: are cooperative controls that are imposed
on others
• Immunity Rights: allow bearers escape from controls and
thus they are the opposite of power rights

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II. Membership and Identity:

• linked to shared territory, common culture, ethnic

characteristics, history.
• True citizens: who strive for community’s well being
• iii) Participation:
• There are two approaches in this regard; minimalists and
maximalists.
• iv) Inclusion and Exclusion:
• Citizens vs. Non-citizen

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Theorizing Citizenship

• Citizenship in Liberal Thought

• individual liberty of the citizen is it emphasis
• Individual should be free to decide on thier own
• John Locke viewed individuals as endowed with reasoning skills,
• Liberals deem internal factors as the primary reasons that determine personal
identity.
• John Stuart Mill, , regarded individuality and self-interest as the source of
social, not just personal, progress and well-being.
• Three fundamental principles which a liberal government must provide and
protect:
• Equality
• Due process
• Mutual consent

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Critics of Liberal Theory of Citizenship

Are free-raiders problem and the tragedy of the commons.

• The ways individuals and idea has been framed is problematic
• liberal societies tend to be less egalitarian.
2. Citizenship in Communitarian Thought
• emphasizes on the importance of society in articulating the good.
• Privileging individual autonomy is seen as destructive of communities.
• Has two defining features
1. no individual is entirely self-created; instead constructed by society
2. as a consequence of assimilation, a meaningful bond is said to occur
between the individual person and his/her community.
• emphasize the on values and practices.

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 3. Citizenship in Republican Thought

• emphasis on both individual and group rights.

• advocate self-government like liberals
• Has two essential elements
• publicity and self-government.
4. Multicultural Citizenship
• The increasing diversity in States challenges particularly the
liberal conceptions of citizenship.
• Due the rise different movement inline with identity and
immigration made States multinational and polytechnic.
• Thus, Cultural and group rights included in a democratic
framework

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• four principles of multicultural citizenship
• Taking equality of citizenship rights as a starting point.
• ii) Recognizing that Formal equality of rights does not
necessarily lead to equality of respect, resources,
opportunities or welfare.
• iii) Establishing mechanisms for group representation and
participation.
• iv) Differential treatment for people with different
characteristics, needs and wants.
 Modes/Ways of Acquiring and Loosing Citizenship

Ways of Acquiring Citizenship

• Citizenship from birth/of Origin:
• Jus soli (the right to soil)
• Not belong to children's of diplomat, and refugees because of two
special principles (international diplomatic immunities):
• extraterritoriality and inviolability principles.
• Jus sanguine(the right to blood)
• ii) Citizenship by Naturalization/Law:
• Political case (secession, merger and subjugation), grant on
application, marriage, legitimatization/adoption, and
reintegration/restoration.

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The Modes of Acquiring Ethiopian Citizenship

• 1930 Ethiopian Nationality Law”. has replaced by “Ethiopian Nationality Proclamation

NO. 378/2003”
• a person can acquire Ethiopian citizenship either by birth or naturalization, as of art 6 & 33
• 1) Acquisition by Descent:
Art 6(1) state that: “any person of either sex shall be an Ethiopian national
where both or either parent is Ethiopian.”
Two principles should be clear
1. “Any person shall be an Ethiopian national by descent where both sex or
either is Ethiopian
2. A baby born to an Ethiopian parent and shall acquire Ethiopian nationality
unless proved foreign nationals.”
Note:
The case of jus soli (the right of soil) is not undertaken in Ethiopia.

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• 2) Acquisition by Law (Naturalization):
• Article 6(2) ensure aliens get Ethiopian nationality
• Ways of by Law (Naturalization)
• a) Grant on Application (registration):
• Criteria
• Age, length of residence, income, language, criminal conviction , takes
the oath & release of previous one.
• b) Cases of Marriage:
• Criteria
• Marriage should be As of country’s Law, lapse at least 2yrs, resident at
least one yr, reaches maturity age, take oath of allegiance.

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• c) Cases of Adoption (Legitimating):
• This could be affirmed when adopted child couldn’t reach majority age.
• d) Citizenship by Special Cases:
• Without following pre-conditions stated in Article 5 (sub-articles 2 and 3)
• e) Re-Admission to Ethiopian Nationality (Reintegration/Restoration):
• Accordance to art 22
• Dual Citizenship
• Duality/multiplicity arises because of the clash among the Jus Soli, Jus Sanguine and
naturalization.
• All African countries prohibit dual citizens and Ethiopia too ????
 Cont…

Ways of Loosing Citizenship

• Deprivation- in voluntary loss by state (court or any else)

• Lapse/expiration- not applied in Ethiopia, but India is the best example
• Renunciation- voluntary losing
• Substitution-due naturalization, annexed territory by subjugator

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Constitution, Democracy and Human Rights
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