Добавка Мунтян Государство
The basic signs of the modern state are:
- Presence of the public power allocated from a society, materialised in specific compulsory establishments and extending on all territory of the country and people living on it;
- Compulsion of membership in the state. The person receives citizenship from the moment of a birth;
- System of taxes, taxes, the loans necessary for material maintenance of a state policy, for the maintenance of machinery of state;
- Territorial division of the population (the state unites the power and protection of all people occupying its territory);
- The sovereignty (leadership inherent in the state in the territory and independence in the international relations);
- The right (the state cannot exist without the right as the last legally makes out the government and does its legal);
- Monopoly for legal application of force, compulsion (possibility to deprive citizens of supreme values whom life and freedom is);
- Claims for society representation as whole and protection of the general interests and general welfare.
III. Display of specific properties and state functions actually always depends on the form of the organisation of the power and character of interrelations of the higher state structures with the population. The state form - the difficult public phenomenon which includes three interconnected elements: the state system form, the form of government and the form of the state mode. From the point of view of the administrative device of the state are subdivided on unitary, federal and confederative:
- In the unitary state all administrative units represent single whole parts, and state structures - parts to the uniform political system functioning on the basis of the uniform constitution and within the limits of a homogeneous right field. It is characterised by following signs: assumes existence of uniform higher executive, representative and judicial bodies; in its territory one constitution, uniform system of the legislation, one citizenship operate; components of such state do not possess the sovereignty; all external interstate relations carry out the central bodies which officially represent the country on international scene; has uniform armed forces, a management with which it is carried out by the central public authorities;
The federative state is free association of the separate states (regions, areas, the earths), each of which possesses a certain autonomy and has special relations with the centre. Now about 2 billion persons lives in 23 federations made approximately from 500 subjects, each of which can be compared to 191st politically sovereign state. Federations differ following signs:
- Presence of two levels of the management possessing the different competence of questions of representation of interests of citizens;
- The constitutional distribution executive and legislative powers of the centre and subjects of federation;
- Maintenance of representation of regional interests at federal level;
- Leadership of the federal constitution which cannot change односторонне and demands the consent of the majority of federated members;
- Presence of the arbitration (independent) court, different level resolving disputes the authorities;
- Presence of institute of the intergovernmental cooperation regulating problems, entering into joint conducting the parties.
Federations are under construction to territorial or national signs that substantially define character, the maintenance, state system structure. Territorial federations are characterised by considerable restriction of the state sovereignty of subjects of federation while national federations are characterised by more difficult state system. The basic distinction between them consists in various degree of the sovereignty of their subjects;
- The confederation represents the union of the independent states which temporarily transfer a part of the powers for realisation of the joint purposes to allied bodies. Confederates almost completely keep the internal and external sovereignty, possessing the right of free unilateral secession of the union. In confederation there is no uniform citizenship. The general governing bodies have no right of the direct taxation of citizens of the countries-participants. Versions of the state associations of confederative type concern:
- кондоминимумы, the representing political unions exercising the general administration two or great number of external territories but in such a manner that the population of these states (Andorra) has the big freedom of self-management;
- ассоциированные the states functioning on the basis of the contractual unions which can be suspended on in advance stipulated conditions (Cook islands and New Zealand, Marshall Islands and the USA);
- The contractual unions representing a political system at which the big state operates smaller, not having almost any return influence on it (Butane and India).
IV. According to the forms of government by which mean certain structure and a legal status of the supreme bodies of the government, in a political science it is accepted to allocate monarchy and republics. Monarchy (from греч. monarchia -autocracy) represent such form of a state system a source and simultaneously the higher expression of the power in which is one person inheriting conferred powers and consequently not dependent on choice of the population. They happen absolute where the higher executive and legislative functions entirely belong to individual heads of the state (Saudi Arabia, Oman, Qatar), and also constitutional where the power of the governor, the real mechanism of the power operates within the limits of the constitutional norms limiting powers of monarchs by functions of other authorities. Constitutional monarchies, in turn, share on дуалистические where the monarch is allocated basically executive and partially by legislative functions (Jordan, Kuwait, Bahrain, Morocco) and parliamentary where monarchs basically possess representation functions (Great Britain, Spain, Sweden).
Republics (from an armour. res publica - public business) is meant by the forms of government, different elective character of the supreme bodies of the government. Republics happen parliamentary and presidential, different special relations between executive and legislative branches of the power. So, in parliamentary republics (Germany, Italy, Greece) the president is the head of the state, but thus possesses basically representation functions. The government led by the prime minister plays a paramount role in political life, is formed by parliament before which bears responsibility for the activity. Head of the governmental office is the first person in the state. In presidential republic (the USA, Brazil, Mexico) parliament and the president occupy independent under the relation to each other position. The president is the chief executive, the head of the state, is selected all population and consequently does not bear responsibility before parliament. It appoints the government, possesses the major prerogatives in the field of a management of armed forces, civil authorities. The parliament in such countries is deprived possibility to send the government in resignation, but also the president cannot dismiss parliament, basically possessing only отлагательным the veto on bills of parliament which can be overcome the qualified majority of members of parliament at repeated voting.
Along with these settled models of the organisation of the government in the world there were also such forms which cannot be carried unequivocally to this or that type of board. Among the similar mixed forms it is possible to note superpresidential (Bolivia, Colombia, Honduras) where the presidency institute extremely concentrates all higher powers of the basic branches of the power and occupies almost uncontrolled position in the state. Other form of the mixed board is the prezidentsko-parliamentary or semipresidential republic (Ireland, Portugal, France, Finland). Here the government has a double system of responsibility before the president and parliament, the leader to volume that the strong presidential power incorporates to control over the government from parliament.
V. The Modern political science prefers to consider the states from the point of view доконституционного and the constitutional periods of their development. Started to be formed during an epoch of Education the constitutionalism system has solved the major historical problem - it has given the due legal form of activity of the state, having distributed powers and functions of its various branches and bodies and having made the law the major reference point of activity of the authorities. The state functioning according to the public contract-constitution, from могущественнейшего the centre of compulsion and violence over the person began to change in the most reliable defender of its rights and freedom. Under the influence of liberal constitutions the lawful state which qualitative basis was orientation of all its bodies to values of human rights, and the law, the right, system of steady norms and behaviour rules as state structures in the West began to develop, and separate persons and the private organisations have turned to the basic regulators of political conflicts, intergroup contradictions.
The basic signs of a lawful state are leadership of the law in all spheres of life of a society, the reality of the rights and personal freedoms, maintenance of its free development, mutual responsibility of the state and the person, a strong mode of legality and stability of a legal order. One more major characteristic of a lawful state is real division of the authorities. Orientation to division of the rights and powers of various levels of the authorities, an establishment of their rights and prerogatives in influence on the government means creation of system of controls and the counterbalances, the stability of a political order directed on preservation, on maintenance of balance of forces and a constant finding of the compromise between them.
The state which in the actions submits to the law and only the law, can exist only under a condition, when the civil society - the human generality developing in the democratic states presented by a network of voluntary formed not state structures (association, the organisation, association, the unions, the centres, clubs, funds) in all spheres of ability to live of people becomes its social basis. It shows real level of self-organising of society, fixes that is minimum sufficient level of restrictions which designates prerogatives as citizens, and state structures.
In Russia process of formation of a civil society has appeared difficult and inconsistent. Public amateur performance and finding by people of the civil rights and freedom it was historically carried out by association of individuals within the limits of local government, distribution on all society регулятивных community functions. It not only gave national specificity to process of formation of a civil society, but also its development braked, having caused its big dependence on the state. The essential factors which have predetermined the Russian specificity of this process, were also low popularity of liberal values in a society, and that the social leader of formation of a civil society was not the layer of businessmen, as in the West, and intelligency. It has not simply narrowed economic possibilities of rooting of a civil society, but also has given to the given process character a little torn off from social structure. At the same time formation of a civil society in Russia proceeded and proceeds at high level of interethnic integration that smoothes many conflicts taking in due time a place in the West. Overcoming of difficulties on a way of creation of a civil society - pledge of strengthening of the Russian democracy.
VI. The lawful state Statement as political reality did not mean end of historical evolution of statehood. Depreciation to a certain extent is formal-legal equality of individuals within the limits of a lawful state has led to occurrence in the developed countries of the social state. It at the expense of the address help provided realisation of the individual rights of representatives of the weakest levels of population for the account redistribution in their advantage of the state budget, change of a policy of employment, retraining of personnel, maintenance of inhabitancy favorable for the person etc.
Development in a direction of creation originally democratic, a lawful state acts as a leading world tendency which characterises life of many modern states, especially European. It has found the reflexion and in the Constitution of the Russian Federation accepted on December, 12th, 1993. The organic law has proclaimed our country democratic, legal, social and a federative state with the republican form of government. One more global tendency can be formulated as democratic self-restriction of the sovereignty of the states. The third of them finds out itself in government decentralisation, the fourth - looks through in integration of the economic and political life which are especially visually shown by the European union.
Control questions to a theme
1. What reflects concept «political institute»?
2. Why the state is the most important political institute?
3. What sense Aristotle put in concept "state" and what it designates in modern representations about it?
4. Why in the West people perceive the state and a sovereign as the tyrant, and in the east - as the benefactor more often?
5. What of the theories of an origin of the state described in a theme, in your opinion, in большей to a measure answers the validity?
6. To whom the state should serve: to itself, group of people or all society? Give reason for the answer.
7. In what intrinsic differences of the state from other political institutes: political parties, movements etc.?
8. In what the government sovereignty in practice is expressed?
9. What advantages citizens of the state in comparison with foreigners and persons without citizenship have?
10. What functions the state urged to carry out? Possibility of their realisation depends on what factors?
11. What is understood as the state device?
12. Than the form of government differs from a political mode?
13. What reflects concept «the state system form»?
14. Than position of executive powers of the power in parliamentary and presidential republics differs?
15. What principles of mutual relation of legislative and executive branches of the power in presidential, parliamentary and prezidentsko-parliamentary republics?
16. What causes existence of the unitary form of a state system?
17. Than the federation differs from the unitary state?
18. Than was the USSR - federation or the unitary state? Give reason for the answer.
19. In what confederation lacks?
20. What state is considered legal, and what not legal?
21. Whether it is possible to consider the USSR as a lawful state? Give reason for the answer.
22. Than the lawful state differs from the social state? Whether always the lawful state automatically means the social?
23. Name intrinsic signs of the Soviet state.
24. What basic distinctions in formation of the Soviet state and the state in the western countries?
25. What on type, in your opinion, the state - legal, social or police - exists in Russia?
26. What causes weakness of the modern Russian state?
27. What form national-state system exists in modern Russia: the federation, the unitary state or confederation if to consider, what 89 subjects of Russia actually have various volume of powers?
Logic tasks and problem questions
1. In work «About spirit of laws» S.Monteske noticed that «for the citizen the political freedom is the peace of mind based on belief in own safety. To possess this freedom, such board at which one citizen should not be afraid of other citizen» is necessary.
What form of government, in your opinion, provides this freedom?
2. As you think, on what specifies presence of a parliament of two houses in the state:
On a monarchy;
On republic;
On a democratic mode;
On federation? Give reason for the answer.
3. What of lawful state characteristics, in your opinion, is the most important: leadership of the law or a recognition, guarantees of the rights and personal freedoms?
4. Than, in your opinion, it is possible to explain domination of executive powers of the power in structure of the government of modern Russia?
5. Whether the free person and the state are compatible, in your opinion? Comment on two statements:
«When begins possible to speak about freedom then the state as that ceases to exist» (F.Engels);
«The state - the thing which is favourable everything, but is not favourable to everyone» (V.Najshul).
Добавка Куппаева. Пособие. Перевод. Правовое государство
Дата добавления: 2017-06-02; просмотров: 309;