- •1. The origin and nature of the state .
- •2 . Form of government .
- •3 . Functions of the state and the legal form of their implementation.
- •4 . Rule of law and its symptoms .
- •5 . Concept , features, and the essence of law .
- •6. Sources of law and their views. System of law .
- •7. Legal norms .
- •8. Characteristics of legal relations .
2 . Form of government .
Form of government - a way of organizing government, interconnected with the main - the essential features of the state as a special political , territorial and structural organization of society . In jurisprudence traditionally in the form of the state is divided into three interrelated parts: a form of government , a form of territorial ( state ) of the device and the political regime . The combination of these three elements reveals the form of the state.
Under the form of government understand the procedure for the formation and organization of the supreme state power. Distinguish monarchical and republican form of government .
Monarchy - is mostly sole exercise of state power , transmitted , usually inherited. Key features of the monarchy :
1) unlimited ( lifetime ) use of power;
2) occupation of the throne by inheritance or by right of kinship ;
3) representation in foreign relations is not under the guarantee , and of their own accord ;
4) the irresponsibility of the head of state (except for Sweden, where the monarch is responsible for civil cases ) .
Monarchy is : absolute (Saudi Arabia , Bahrain) and constitutional ( Spain, Sweden, Japan) . Constitutional monarchy , in turn, is divided into a dualistic and parliamentary .
What are the common features of a monarchical form of government , regardless of its species ? The head of state is the monarch who uses his power by inheritance, although there may be options when the top of a particular monarchic dynasty put election ( House of Romanov in Russia). Monarch acquires power on the principle of blood , inheriting its own right (" grace of God ", as commonly stated in its title, or if elected - "by the grace of God and the will of the people "). Monarch assumes no legal responsibility for their political actions - "Approval Letter" in 1613 by Mikhail Romanov was assigned "responsibility in their own backyard before the one heavenly king." In the hands of the monarch is concentrated all the fullness of the supreme state power , the monarch is the source of all law, only its expression or that regulations may acquire the force of law . The monarch is the head of executive power, on behalf of justice going on , he has the right of pardon. In the international arena , in its relations with other states monarch alone is its own state . He uses the title ( Duke , Duke , King , king, emperor ) , receives significant content from the state treasury , is entitled to special protection .
With unlimited , absolute monarchy, all the above rights monarch enjoys unconditionally and indefinitely (hence the name ), regardless of any other power, with limited - or mandatory assistance by any of the bodies or authorities, existing independently of the monarch. Aristotle classification monarchy proceeded from the psychological reasons - monarchy of the "correct" form of government becomes " wrong" , tyranny and despotism , if instead of the interests of all the monarch pursue personal , vested interests , ruled by tyranny . Today take into account the legal grounds . Constitutional monarchy divided into representative ( dualistic ) and parliamentary . And in that and in other monarch shares power with parliament .
In dualistic monarchies (Morocco) government has a dual character . Jure and de facto power is divided between the government formed by the monarch and Parliament.
In parliamentary monarchies (modern England , Belgium, Norway, Sweden) the legal status of the monarch is severely restricted . Even private matters of state , such as criminal pardon , can not be solved without the consent of Parliament. Parliament regulates privacy monarch (marriage , the palace service , etc.). Folded position , characterized by well-known formula : " reigns but does not rule ." This does not mean that the figure of the monarch becomes purely decorative . As recent experience shows , the monarchical form of government , according to the Soviet period of some political and legal fossil , should not rush to write off as hopeless archaic . This form of government , more than one hundred years of history, is fraught with many life potential. In a crisis situation , the national- ethnic clashes dignity of the monarchy are increasingly attracted attention : the monarch - " father of the nation ", " standing over political passions , does not belong to any party ," " incorruptible arbiter in various kinds of disputes and tensions ." And what was particularly attracted to the conditions of separatism and centrifugal tendencies , the monarch - "symbol of national unity and stability of the legal order ." Often turn to the positive experience of solving many of the problems found in the framework of the monarchy : the economy , finances, living standards , local governments, national representation , etc.
Unlike the monarchy , under a Republican form of government, the only source of authority under the law is most popular . The very origin of the term "republic" is connected with the people. «Respublica est res populi», - emphasized Cicero , considering the state "business people." The republic power is exercised by the people elected for a fixed term representative bodies .
Republic - a form of government in which the supreme state power is exercised by elected for a fixed term governments. Specific features that are inherent in this form of government :
1) collective rule ;
2 ) the relationship stoyatsya principle of separation of powers (Parliament passes laws , the government and its agencies execute the laws , the judicial authorities shall monitor the implementation of laws and prosecuted for violations );
3) All the highest governmental authorities elected by the people or formed a national representative institution ;
4) The public authorities shall be elected for a fixed term ;
5) the principle of responsibility .
Republic are : presidential, parliamentary and so-called mixed form of republic.
Presidential republic - a form of government in which the president or combines the powers of president and head of government in one person (Argentina, Brazil , Mexico, USA ), or directly involved in the formation of the government and appoints its head .
Parliamentary republic - a form of government in which a significant role in the organization of public life belongs to the Parliament (India, Turkey, Finland , Germany , etc.)
In some countries ( eg, France , Ukraine, Poland ), sometimes there are mixed forms of government, which combines features and presidential and parliamentary systems of Republican rule .
Form of government is an administrative- territorial and national- state organization of the government, revealing the relationship between the individual parts of the state , in particular, between the central and local authorities . The main types of government are unitary ( idle) state, a federal state and a confederation .
Unitary state - a single , whole public education , consisting of administrative-territorial units , which are subject to central government and state sovereignty signs do not possess. Among the unitary states are: the UK, Japan , the Netherlands and Sweden.
Federation - is a single state consisting of several government entities united to address the central authority common to all members of the federation problems. The structure of modern federations include a different number of subjects : in Russia - 89, U.S. - 50, Canada - 10 , Austria - 9 , Germany - 16 , India - 25 , Belgium - 3, etc.
Confederation - a temporary legal union of sovereign states , created to protect their common interests . Union Confederation as a form of preserving sovereignty almost full, relatively rare in the history (Austria-Hungary until 1918 , the United States from 1781 to 1789 . , Switzerland from 1815 to 1848 , etc.).
Political regime - is a set of techniques , methods and means by which the government implemented . There are two main types of political regime - a dictatorship and democracy . Dictatorship - is the government entity or group of persons who appropriate and monopolize power in a particular state , using it without restriction. Dictatorship consists of two varieties , totalitarian and authoritarian regimes.
Totalitarian - a political regime based on the desire to subjugate the country's leadership lifestyle one people , undivided sway idea and to organize political power system so that it helped to implement this idea .
Authoritarianism - is a political regime that is based on personal or class dictatorship , state power is concentrated in the hands of one person (group of persons ) or in one state body while reducing the role of other (primarily representative) state institutions.
Democratic regime - is a form of government that is based on the ability to manage the affairs of society and the state through direct or indirect expression of the people . Democratic regime is a form of liberal regime , which refers to political methods and ways of exercising power , based on a system of the most democratic and humanistic principles.
