Foundations of State Theory and Governance Structures

Assumptions About the Common Good

The individual is superior and prior to the state. There are aspects unique to the subject that the state must respect, and certain rights exist above state action (e.g., human rights, happiness). An example illustrating this concept is the relationship between individual rights and the state, contrasting with systems like the People's Republic of China.

The state exists because people exist; therefore, the state's purpose must serve the people.

Functions of the State

The primary functions of the state include:

• Administrative/Executive (Government)
• Legislative (Congress)
• Judiciary (Jurisdictional)

The distinction between these functions often depends on the form of government, whether presidential or parliamentary. Regardless of the level of independence among these bodies, each represents the exercise of state power. This structure relates to the so-called "theory of separation of public powers," characteristic of democratic regimes. Each organ must possess the necessary share of power to effectively execute its designated function.

Forms of State Organization

Unitary State (Example: Chile)

This form is characterized by a single center of political direction and constitutional law, independent of the bodies exercising the principal state functions. In practice, the constituent elements of the state—power, people, and territory—coalesce into one unified entity.

Federal State (Example: Argentina)

This form is characterized by the existence of several centers of political drive. This implies multiple legally and constitutionally recognized entities or territories, forming the federation. These constituent states are linked through a federal constitution, and the federation assumes sovereignty as institutionalized force.

In a federal system, power is distributed; the federation exercises sovereignty over the individual states in certain domains (e.g., armed forces, regulation of free movement). A key feature is the presence of multiple centers driving political boundaries, economic policy, foreign affairs, and defense.

Theories of Power in Federal States

There are two main theories regarding the origin of power in federal states:

Derived Power: This occurs when a federation is formed from an existing unitary state. The power of the constituent states is derived from the pre-existing central state.

Original Power: This occurs when the federal state is formed from the union of several previously existing unitary states. In this case, the constituent states retain more inherent power due to the initial release of authority.