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Information For Students / Lecture 18 Political structure of society.doc
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The types of political regimes:

Political regime is the form of social organization with a peculiar form of governing. There are several types of governing:

Authoritarianism is a form of social organization characterized by submission to authority. It is opposed to individualism and democracy. In politics, an authoritarian government is one in which political power is concentrated in a leader or leaders, typically unelected, who possess exclusive, unaccountable, and arbitrary power.

Totalitarianism (or totalitarian rule) is a political system (regime) where the state, usually under the control of a single political person, faction, or class, recognizes no limits to its authority and strives to regulate every aspect of public and private life wherever feasible.

Democracy is a political form of government in which governing power is derived from the people, either by direct referendum (direct democracy) or by means of elected representatives of the people (representative democracy).

Law-governed State and Civil Society

The state is both separate from and connected to civil society. The nature of this connection has been the subject of considerable attention in both analyses of state development and normative theories of the state. Classical thinkers, such as Thomas Hobbes, J. J. Rousseau, Immanuel Kant emphasized the identity of the state and society, while modern thinkers, by contrast, beginning with G. W. F. Hegel and Alexis de Tocqueville, started to emphasize the relations between them as independent entities. Following Karl Marx, Jürgen Habermas, has argued that civil society may form an economic base for a public sphere, as a placed in political superstructure domain of extra-institutional engagement with matters of public interest trying to influence the state and yet necessarily connected with it.

Some Marxist theorists, such as Antonio Gramsci, have questioned the distinction between the state and civil society altogether, arguing that the former is integrated into many parts of the latter. Others, such as Louis Althusser, maintain that civil organizations such as church, schools, and even trade unions are part of an 'ideological state apparatus.' In this sense, the state can fund a number of groups within society that, while autonomous in principle, are dependent on state support.

Given the role that many social groups have in in the development of public policy and the extensive connections between state bureaucracies and other institutions, it has become increasingly difficult to identify the boundaries of the state. Privatization, nationalization, and the creation of new regulatory bodies also change the boundaries of the state in relation to society. Often the nature of quasi-autonomous organizations is unclear, generating debate among political scientists on whether they are part of the state or civil society. Some political scientists thus prefer to speak of policy networks and decentralized governance in modern societies rather than of state bureaucracies and direct state control over policy.

Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that state's political system) and commercial institutions of the market.

The London School of Economics Centre for Civil Society's working definition is illustrative: Civil society refers to the arena of uncoerced collective action around shared interests, purposes and values. In theory, its institutional forms are distinct from those of the state, family and market, though in practice, the boundaries between state, civil society, family and market are often complex, blurred and negotiated. Civil society commonly embraces a diversity of spaces, actors and institutional forms, varying in their degree of formality, autonomy and power. Civil societies are often populated by organizations such as registered charities, development non-governmental organizations, community groups, women's organizations, faith-based organizations, professional associations, trade unions, self-help groups, social movements, business associations, coalitions and advocacy groups.

The literature on relations between civil society and democratic political society have their roots in early liberal writings like those of Alexis de Tocqueville. However they were developed in significant ways by 20th century theorists like Gabriel Almond and Sidney Verba, who identified the role of political culture in a democratic order as vital.

They argued that the political element of many voluntary organizations facilitates better awareness and a more informed citizenry, who make better voting choices, participate in politics, and hold government more accountable as a result. The statutes of these organizations have often been considered micro-constitutions because they accustom participants to the formalities of democratic decision making.

More recently, Robert D. Putnam has argued that even non-political organizations in civil society are vital for democracy. This is because they build social capital, trust and shared values, which are transferred into the political sphere and help to hold society together, facilitating an understanding of the interconnectedness of society and interests within it.

Others, however, have questioned how democratic civil society actually is. Some have noted that the civil society actors have now obtained a remarkable amount of political power without anyone directly electing or appointing them. Finally, other scholars have argued that, since the concept of civil society is closely related to democracy and representation, it should in turn be linked with ideas of nationality and nationalism.

The general features of civil society:

- Privacy, free enterprise, private enterprise

- The existence of independent political parties, civil organizations

- Free Mass Media

- Private life and families are not completely regulated by the state

- The principle of equality of opportunity

- the participation of non-state organizations and different groups and communities in the society`s life.

The term “law-governed state” originates from the german word ‘Rechtstaat”. It is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights". It is a "constitutional state" in which the exercise of governmental power is constrained by the law, and is often tied to the Anglo-American concept of the rule of law. In a law-governed state the power of the state is limited in order to protect citizens from the arbitrary exercise of authority. The citizens share legally based civil liberties and they can use the courts. A country cannot be a liberal democracy without first being a Rechtsstaat. The Rechtsstaat in the meaning of "constitutional state" was introduced in the latest works of the German philosopher Immanuel Kant (1724–1804) after US and French constitutions were adopted in the late 18th century. Kant’s approach is based on the supremacy of a country’s written constitution. This supremacy must create guarantees for implementation of his central idea: a permanent peaceful life as a basic condition for the happiness of its people and their prosperity. Kant was basing his doctrine on constitutionalism and constitutional government. Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” Kant’s idea is the foundation for the constitutional theory of the 21st century. In his Groundwork of the Metaphysic of Morals philosopher claims: “The task of establishing a universal and permanent peaceful life is not only a part of theory of law within the framework of pure reason, but an absolute and ultimate goal. To achieve this goal, a state must become the community of a large number of people, living provided with legislative guarantees of their property rights secured by a common constitution. The supremacy of this constitution… must be derived a priori from the considerations for achievement of the absolute ideal in the most just and fair organization of people’s life under the aegis of public law.” The most important principles of the Rechtsstaat are:

- The state based on the supremacy of national constitution and guarantees the safety and constitutional rights of its citizens;

- Civil society is equal partner to the state;

- Separation of powers, with the executive, legislative and judicative branches of government limiting each other's power and providing for checks and balances;

- The judicature and the executive are bound by law (no acting against the law), and the legislature is bound by constitutional principles;

- Both the legislature and democracy itself is bound by elementary constitutional rights and principles;

- Transparency of state acts and the requirement of providing reasoning for all state acts;

- Review of state decisions and state acts by independent organs, including an appeals process;

- Clear hierarchy of laws, requirement of clarity and definiteness;

- Reliability of state actions, protection of past dispositions made in good faith against later state actions, prohibition of retroactivity;

- Principle of the proportionality of state action.

The general features of law-governed state:

- The supremacy of law

- The sovereignty of nation as the source of state power

- The separation of powers into leguslative, executive and judicial

- The human rights