Session 3

Styles, Forms and Functions of States

 Session Objectives
• Define and differentiate styles, forms and
functions of states
• Compare and contrast
– Monarchies and Republics
– Unitary and Federal States

HOW to classify states? By state styles

HOW-questions
HOW? HOW MANY types of states
are there? By state forms
 Exercise
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style

Styles Feudal
of style
states Capitalist
style
Socialist
style
Ruling Monarchy
forms Republic
Unitary
Struct states
ural
Federatio
forms
n

How to know? → State Titles and/or Constitution

 Styles of States
• What?
– Denoting groups of states with the same
class-conscious face
• How many?
–4
• Slave-possession style of states
• Feudal style of states
• Capitalist style of states
• Socialist style of states
• E.g.
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN? ✓ ✓ ✓ ✓
2. WHO?
Upper class

3. STATE
X Slave owners Land-owners Bougeoisie Proletariat

Slave owners Land-owners Bougeoisie Proletariat

X
ESSENCE oppress oppress oppress oppress
Class-
conscious face Slaves Peasants Proletariat Bougeoisie
Style 1

Style 2

Style 3

Style 4
5
 Forms of States
• What?
– Forms in which state powers are
allocated/designated
• Types
– Ruling form
– Structural form
 Ruling Form v Structural Form
State Forms
Criteria
Ruling form Structural form
≡ Forms of states → Forms in which state powers are allocated
≠
What? Form in which state powers Form in which state powers
are allocated/divided among are allocated/divided among
various state various state territories
bodies/individuals

Types - Monarchy - Unitary

- Republic - Federation
 Monarchies v Republics
Ruling Forms
Monarchy Republic
Criteria
E.g.
Similarities

Dissimilarities
What?

Head of State

How to elect
Head of State?
How to allocate
powers?
How much power
the Head of State
has?
Variants
 Monarchies v Republics
Ruling Forms
Monarchy Republic
Criteria
E.g. UK, CAN, JPN, AUS, NZL US, FRA, DEU, RUS, VNM, CHN
Similarities Form in which state powers are allocated/divided among various state
bodies/individuals
Dissimilarities
What? A ruling form of a state in which an A ruling form of a state in which state
individual/a monarch is the head of powers are designated/ allocated to
the state for life (with except.) state bodies elected by citizens
Head of State The monarch Depending on Constitutions:
(King, Queen, Pharaoh, Emperor, etc.)
- President (US, FRA, DEU, RUS)
- President (VNM, CHN)
How to elect Proximity of blood/Kinship Election/Voting
Head of State?
How to allocate - 100% Depending on Constitutions:
powers?
How much power - 0 < …. < 100% - Legislative power
the Head of State
has? ≈ 0 (symbolic) (0 → why not?) - Executive power
Variants Absolute Monarchy Aristocratic Republic
Constitutional Monarchy Democratic Republic
 Federations v Unitary States
State Structures Federal States Unitary States
Criteria
E.g.
Similarities
Dissimilarities
What?

No. of states
No. of levels of
governments

No. of legal systems

No. of nationalities of
citizens
 Federations v Unitary States
State Structures Federal States Unitary States
Criteria
E.g. AUS, US, IND, RUS NZ, VN, CHN
Similarities States/Nations → 3 powers of states
Dissimilarities Structural forms → How a state is organized territorially
What? Nations whose territories are Nations whose territories
divided in ≥ 2 states are united into 1 single state

No. of states ≥2 0
No. of levels of 2 levels 2 levels
governments - 1 federal gov. - 1 central gov.
- ≥ 2 state gov.s - ≥ 2 municipal gov.s
No. of legal systems ≥3 1
- 1 federal legal system
- ≥ 2 state legal systems

No. of nationalities of ≥2 1 (with exception)

citizens - Fed. nationality
- State nationality
 Forms of Australia
Australia

Ruling form Structural form

Constitutional Federation
Monarchy

Division of law – making power

AUSTRALIAN CONSTITUTION
AUSTRALIAN PARLIAMENTARY SYSTEM
(Cont.)
FEDERAL Legislature
SYSTEM (Common Wealth Parl.)

STATE
Legislature
SYSTEM (State Parl.)
AUSTRALIAN PARLIAMENTARY SYSTEM
(Cont.)
FEDERAL Legislature
Executive Judiciary
SYSTEM (Common Wealth Parl.)

House of Rep.s Senate Governor

General

STATE
Legislature
SYSTEM (State Parl.)
Executive Judiciary

Lower Upper Governor

House House
(e.g. (e.g.:
Legislative Legislative
Assembly Council)
 Structural Form of Australia
• Federal level
Federal
Gov.

Legislative
Body/ Cth
Parl.
 Structural Form of Australia
• Federal level
Federal Gov.

Legislative Executive
Judicial Body
Body/ Cth Parl. Body

Lower House/ Queen Rep./

Upper
Governor
House of Rep.s House/Senate
General
 Structural Form of Australia
• State/Territory level
State Gov.

Legislative
Body/ State
Parl.
 Structural Form of Australia
• State/Territory level
State Gov.

Legislative
Executive Judicial
Body/ State
Body Body
Parl.

Lower Upper
House/ Queen
House/Legi
Rep./
Legislative slative
Governor
Assembly Council
 DIVISION OF LAW-MAKING POWER IN AUSTRALIA

Cth Parl. legislative powers State Parl. legislative powers

Exclusive Concurrent Residual

Defence -Marriage, divorce Criminal law

Currency -Bankruptcy Partnership
Trade -Trade, taxes Trusts
Postal services -Environment Franchises
etc. -Consumer protection Estate
-Banking Probate
-Insurance Education
s 51(iii), (iv), (vi), (vii), (s 51) Transportation
(xxiv), (xxv), (xxx), (xxxi), Local government
(xxxiii), (xxxvi), (xxxviii)
s 52, 77, 90, 114, 115,
121, 122
Example 2: The State of the United States
 Vietnamese State System

CENTRAL National Assembly

LEVEL President

Government Supreme Supreme

People’s People’s
Court Prosecution

Election of the Head

 Vietnamese State System
Provincial People’s Council

Provincial
level
Provincial Provincial Provincial
People’s People’s People’s
Committee Court Prosecution

Election of the Head

 Vietnamese State System
National Assembly
President
CENTRAL Supreme Supreme
LEVEL Government People’s People’s
Court Prosecution
Provincial People’s Council

Provincial
level Provincial Provincial Provincial
People’s People’s People’s
Committee Court Prosecution
MUNICIPAL District People’s Council
/LOCAL District
LEVELS level District District District
People’s People’s People’s
Committee Court Prosecution
Commune
People’s
Communal Council
level
Election of the Head
Commune People’s Committee 23
Checks & Balances
 2. Federal law v State Law
State Structures
Criteria
Federal Law State law
E.g.

What?

Who makes?
How to make?

Territorial scope of
application
In case of conflict,
which prevails?
 2. Federal law v State Law
State Structures
Criteria
Federal Law State law
E.g. AUS federal law Law of New South Wales State
US federal law Law of Colorado State
What? Law created by the Law created by the state gov.
federal gov.
Who makes? Fed. gov. State gov.
How to make? By federal legislative By state legislative procedure
procedure
Scope of application Federal territory State territory

In case of conflict, Federal law prevails, except

which prevails? - If state law affords more rights to residents,
state law is presumed to prevail
 Cases
A moving house company in Queensland in Australia
moved house for B and damaged B’s furniture valued at
AUD 1,000.
B sued the company for the damage but the company
based on Queensland law which stated that “the
maximum liability of moving house companies is AUD
200”
The federal law said that “there is no maximum liability
of moving house companies”
– How much did the company have to pay B?
– Put your answer in the IRAC models!
 Case-solving
• Part 3 of Exams
• IRAC model
– I (Issue): What is the issue/question?
– R (Rule): What is rule applicable to the
issue/question?
– A (Application): Apply the Rule to the Issue
– C (Conclusion): Answer to the Issue/question?

WRONG (Because) Issue

TEMPLATE Conclude Rule Apply

CORRECT
TEMPLATE Issue Rule Apply Conclude
 Case-solving
• Notes for online sessions
– Put your answers in electronic format (e.g. file
.ppt or .doc) to share your solution via MS
Teams
 Cases
• I: How much did the company have to pay B?
• R:
– State law of Queensland: “the maximum liability for moving
house companies is AUD 200”
– The federal law: “there is no maximum liability for moving house
companies”
– “In case of conflict, the federal law prevails”
• A:
– Application of state law: maximum liability of the moving house
company for the damage it caused to B is AUD 200 → The company
had to pay AUD 200 although B’s damage was AUD 1,000.
– Application of federal law: The moving house company had to be fully
liable for B’s damage because there was to maximum liability → The
company had to pay AUD 1,000 to fully cover B’s damage.
– Application of the principle of federalism: As there is a conflict here
following the application of two state and federal law, the federal law
prevail → the company has to pay AUD 1,000.
• C: The company has to pay B AUD 1,000.
 Functions of States
• Internal Functions
• External Functions
 Homework
Determine the Styles, Forms and Functions of
States in South East Asia? Asia? European
Union? The America? The Oceania?
Source of reference: Constitutions
 Quizes
• Assuming that the US president is visiting
Vietnam, who is/are the Vietnamese
counterparts to welcome him?
– The Vietnamese President
– The Vietnamese PM
– The Vietnamese Socialist Political Party General
• What is the ruling form of Vietnam?
– Socialist state
– A republic
– A unitary state
• What is the structural form of the US?
– A capitalist state
– A republic
– A federation
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

2. Prepare for the

next session: Read
Coursebook, pp.
15-18
 II/ Styles, Forms, Functions of
States and Law
1. Styles, Forms, Functions of States
Styles: 4
Ruling form Monarchy Absolute monarchy

TYPES Constitutional Dualistic

monarchy
Parliamentarism
Republic Aristocrat republic
Forms
Democratic republic Presidential

Parliamentary
Structural form Federal state
People
Unitary democratic
Domestic
Functions
External
34