Government and Public Administration

8/14/2019 Government and Public Administration

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Government and publicadministration

University of the Nations MasterDegree of Management Sciences

Speech about State and government. Typicalconfusion

Emilio Carcao Bringas


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AN integral viewpoint of government

o obtain social targets is necesary the organization we commonly call

State. The better example of this organ, and his specific activity is the

pacific convivence. To stablish its political organization this state spread

his activity in two branches: Governors and particulars. Is an error to identify

state and government as the same. The both are firmly engaged, but, they are

not equals. The government is only an element of the state. We think in

government as the brain of State.

T

Ocasionally the problem is complicated due to the afirmations of someauthors that the more important organ of government is that, what develop the

activity of government, in the person of : the King, the Governor or the

Parlament; and ever in according to this statement, the mentioned organ is the

government itself, independently of the rest of the organs. We mean, a single

person represents the totality of a nation. We can remember that Jellinek afirms

that the organs to help the governmet to realize its activity are called in a

formal way government.

Sometimes this topic is relly complicated because of the same word we

can designate a person, a organ or several organs what realize functions of

government. We can not confuse everything as a part of it. We should analizethis concepts attending the integrity. This is the key Word integrity.

The state is a complex group of organs and functions working in

according to the Constitution of the United Mexican States. We do not should

confuse the activity of government ans its facultity to stablish policies to rule

the state.

Emilio Carcao BringasGovernment and Public Administration


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What about governmental organs?

The state requires of a dinamic element that rules and make this onestand in motion, this element is the government. The state manage a variety offunctions, for this reason, is imposible to the state exist without a variety oforgans working as a whole to serve for the People.

One of the more complex problems is the determination and juridicalnature of every organ, some authors like Gropalli and Kelsen talks aboutgovernment and asociate government and state as the same juridical person.

This is a partial and unilateral viewpoint. Tha Sate is not the law, not even thejuridical order, not only this one.

Other thinking flowings as sociology identifies State with the Nation orPeople. We insist calling only Nation the escence, the totality, but not sayNation with the meaning of one of its parts. The government is a unity withpower to rule, this surge in the interaction of every organ of government witheach other.

Is evident that the government express its will through facts by middle ofthe governmental organs in charge to execute the functions stablished in theOrganic Law or in the Constitution of the United Mexican States.

To characterize the governmental organs the authors supportthemselves in dissertations, the wich we can resume in two ways: organic orobjetive and personal or subjetive. The organic theory supports that the organis a autonomous unity that can be conceived with independence of the personwho funtion as titular, because this person in changing, meanwhile, the organsubsists. The opposite thesis afirms that the organ is the person invested ofauthority to realize the governmental functions.

This doctrinal bifurcation is recient. Because is not considered in ancientcomunities, in the tribe, where the facts of the tribal chief were consideredfacts of the tribe, where don not were known other forms of organic integrationto develop guvernmental functions. The state supports itself in the reality andfrom this reality emits its postulates.



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The colective aspect were recognized before of the individual one,because the individual were the result of a real revolution, a real achieve ofhumanity. A individual representing the colective will, is part of a instrument ofthe colective will. Or only in the meanwhile this relationship subsists.

The personal representation is a figure born in primitive organizations

and this idea and the leadership are prior to the idea of law, this facts donmean that the organ is simply the person that represent it. The Man repetsactions the wich ones constitute a real customary law, with the passing of thetime. A long time ago exists a tribal chief, and this one, should rely on somerules and in case of dont fulfill them, could lost his investiture.

Through the cultural development of humanity the political organizationkeep joining to juridical order, in the manner of the election of representants isnot arbitrary but exact, with stablish procedures. The representants do notoperate at free will, they are joint to rules of law. With determinated principlesof juridical vality.

The organ has not a own existence, as living beens have. The organ is arepresentation of persons and have not a existence apart, is not away from theidentity of people, of comunities. We suport the eclectic thesis the wich oneafirms that the organ is a combination of objetive and subjetive elements. Theorgan is integrated by a group of powers and functions to form the authority toachieve the common objetives to the comunity.

Is really important do not confuse a determined person, who in such amoment occupies the roll, with the titular of such a site in the government,because the titular subsists despite of the existence of that person. But in theother hand, we can identify the person with the titular.We can not joint the titlewith the person because this person could not be in determined momentbecause of death or disease for example, but, we can identify this person withthe title, because, without such a title is impossible to the person realize thenecessary activities to achieve his primordialobjetives.



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