Government and public

administration
University of the Nations Master
Degree of Management Sciences
Speech about State and government. Typical
confusion

Emilio Carcaño Bringas

AN integral viewpoint of government

T
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.

Ocasionally the problem is complicated due to the afirmations of some

authors 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 analize
this 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 Carcaño BringasGovernment and Public Administration

What about governmental organs?

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

One of the more complex problems is the determination and juridical

nature of every organ, some authors like Gropalli and Kelsen talks about
government 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 the
juridical order, not only this one.

Other thinking flowings as sociology identifies State with the Nation or

People. We insist calling only “Nation” the escence, the totality, but not say
“Nation” with the meaning of one of its parts. The government is a unity with
power to rule, this surge in the interaction of every organ of government with
each other.

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

To characterize the governmental organs the authors support

themselves in dissertations, the wich we can resume in two ways: organic or
objetive and personal or subjetive. The organic theory supports that the organ
is a autonomous unity that can be conceived with independence of the person
who funtion as titular, because this person in changing, meanwhile, the organ
subsists. The opposite thesis afirms that the organ is the person invested of
authority to realize the governmental functions.

This doctrinal bifurcation is recient. Because is not considered in ancient

comunities, in the tribe, where the facts of the tribal chief were considered
facts of the tribe, where don not were known other forms of organic integration
to develop guvernmental functions. The state supports itself in the reality and
from this reality emits its postulates.

Emilio Carcaño BringasGovernment and Public Administration

 The colective aspect were recognized before of the individual one,
because the individual were the result of a real revolution, a real achieve of
humanity. A individual representing the colective will, is part of a instrument of
the 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 don
mean that the organ is simply the person that represent it. The Man repets
actions the wich ones constitute a real customary law, with the passing of the
time. A long time ago exists a tribal chief, and this one, should rely on some
rules and in case of dont fulfill them, could lost his investiture.

Through the cultural development of humanity the political organization

keep joining to juridical order, in the manner of the election of representants is
not arbitrary but exact, with stablish procedures. The representants do not
operate at free will, they are joint to rules of law. With determinated principles
of juridical vality.

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

Is really important do not confuse a determined person, who in such a

moment 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 the
other hand, we can identify the person with the titular.We can not joint the title
with the person because this person could not be in determined moment
because of death or disease for example, but, we can identify this person with
the title, because, without such a title is impossible to the person realize the
necessary activities to achieve his primordial objetives.

Emilio Carcaño BringasGovernment and Public Administration

Emilio Carcaño BringasGovernment and Public Administration