Experiential Activity: The New State

Module 1: Law and State
Exercise 1:

Experiential Activity: The New State

Student Directions:

In groups of three, consider the following scenario. Create a drawing and be prepared to present all of the answers to the class.

You are part of small nomadic tribe. For years, you your tribe has been split up and forced to live in nation states that don’t share your moral values or societal norms. In addition, you have face years of ethnic and religious persecution. In the past year, you have rose up and after war, you have conquered that land and want to establish a new state. You are surrounded by states that don’t want to see you survive, but the UN and a number of western states, China and Russia support your independence. Imagine that the three of you are the leaders of the country, consider the following questions. After each group has finished, they report out.

1. 
   What type of state system would you like to adopt? Justify your rationale. Use constitutional language. Draw a diagram of your governmental system.
   

2. 
   What are the first steps that you must take to secure the borders and the economy?
   

3. 
   What types of legal documents must you first start drafting?
   

4. 
   What are your top 3 priorities can you guarantee for your people who have been oppressed, poor and struggling for decades?
   

5. 
   What underlying legal philosophy would you adhere to.
   

Exercise 2:

Critical Reading Activity

Student Directions:

1. 
   With a partner, write a grammatically correct sentence using each word
   

Vocabulary: The State

1.Consistant
2.Oversight
3. Welfare
4.Theocracy
5.Monarchy
6.Absolute
7.Totalitarianism
8. Elite
9. Compulsory
10. Oligarchy
11. Censorship

2.Silently read the article. As you read, circle any vocabulary that you are unsure of.

3. Create five questions about the article. Afterwards, students turn and face each other and ask each other questions. The instructor can use this time to correct simple grammar mistakes that students make when they are asking or answering the question.
What is the State?
Consistent with international law, a state is normally defined based on the 1933 Montevideo Convention. According to Article 1 of the Convention, the states should possess a permanent population, a defined territory, a form a government, and the capacity to enter into relations with other states. The role of the state is to promote the general welfare of the people. The promotion of the general welfare of the people takes the form of monitoring the economy, businesses and banks; in addition, it also provides rules for the oversight of roads, education systems, utilities, and the regulation of medicines, safety and food. The state may also provide moral and civil regulations which reflect the communities group norms. Apart from the promotion of welfare, the state should also ensure that there is a balance of peace and security, order and safety so that its citizens can flourish and grow.
The state can take many different forms. Theocracy is one of the oldest systems of state and is the form of government in which a religious institution is the base of law. Theocratic rule was typical in many ancient civilizations, and continue today in countries such as Saudi Arabia, Iran, Afghanistan. These countries are based on Shari’a law that dictate the executive, legislative and the judicial branches of government; in addition, religious leaders play key roles in society. Vatican City is another example, as the Pope is seen as the divine authority. Another form of government is the monarchy which is a system of government that is ruled by a monarch, either a king or a queen, who rules the land, region or empire. In an absolute monarchy, the king or queen will have absolute power; however, most monarchies are constitutional monarchies which infer that leadership is limited by the constitution. Modern examples of monarchies include Brunei, Thailand, Bhutan and Saudi Arabia. Great Britain also functions as constitutional monarchy, currently Queen Elizabeth reigns over 15 countries in the common wealth nations. In our current era, democracy is one of the most common systems of government. Democracy is derived from the Greek origin which means “people’s rule”. Democracies can take many forms but in general include elections, protections for ethnic and religious minorities, and are based on fundamental rights such as freedom of speech, freedom of the press and the right to an education. Finally, in a democracy, there are representative institutions such as a senate or parliament in which ordinary people can join. A number of countries function under the system of oligarchy which in Greek means ‘to rule”. An oligarchy is a state system where the power rest in the hands of a few. The people in power hold the privilege due to nobility, education, or business relationships or wealth. Often power in these types of states is held by elite families who pass the power onto the next generation. Russia, China and South Korea are examples of modern oligarchies. The last type of state system seen in the modern world is totalitarianism. Totalitarianism is the system of government where the government’s power is seen as unlimited and touches upon every aspect of life. It is seen as the opposite of democracy and individualism. Totalitarianism gives total control to a dictator who rules through the military. There is one political party, and it is compulsory that people serve in the military. In addition, there is strict censorship and criticism of the leader is not allowed.

Five Questions

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