TYPES OF THE STATES

The western political thought in understanding of the nature of the state recognised that it cannot be neither kind, nor fair. The state all time aspires to tyranny. For restriction of its power the constitutionalism principle also has been entered: submission of the power and citizens to the constitution (organic law). Introduction of this principle has created a lawful state.

The lawful staterepresents such form of the organisation and government activity at which the state, all social a generality, the separate individual respect the right and are in the identical relation to it. In this case the right acts as way of interrelation of the state, a society and the individual. The lawful state principle assumes that all legal certificates correspond to the country organic law - constitutions.

The lawful state has a number of distinctive signs. Its first sign is the leadership of the law in all spheres of life of a society. The law establishes the rights and duties of participants of public relations. In laws tendencies of social development, the equality and justice requirement are considered, moral values of a society are protected. In this sense the law has legal character, instead of grows out of a state arbitrariness. As the second distinctive sign of a lawful state guarantees of the rights of the person, possibility of its free development serve. Realisation of these guarantees is provided thanks to realisation to principles of non-interference of the state in affairs of a civil society and a duty to create conditions for realisation of the rights of the person (the right to formation, social security, judicial protection, the property etc.). The third essential sign is mutual responsibility of the state and the person. It is mutual thanks to that the state and the individual are equally responsible for the actions before the law. Legal character of mutual responsibility of the state and the person is connected by that, submitting to the right, the state and citizens cannot break its instruction and bear liability of infringement of the duties taken on. At last, the fourth characteristic sign - a principle of division of the power on legislative, executive and judicial.

However, fixing legal equality of responsibility and equality of the rights of citizens, the law does not predetermine how these rights will be realised. Actual guarantees, especially social and economic rights and freedom, depend on state possibilities. The lawful state in industrially developed countries is supplemented with social orientation. Formation of the social state has begun after the Second World War.

The social state represents such form of the organisation of the government for which the care of well-being of citizens, creation of the worthy living conditions, equal possibilities of realisation of their talents and the abilities, favorable inhabitancy is peculiar. Such state forms new type of social communications between the people, based on social justice rules, the social world and the civil consent. Hence, functions of the social state are not reduced to support of needy families, invalids, pensioners, jobless. It takes up responsibility for maintenance of stable economic and social situation of the citizens, the social world in a society. Thus, formation of the social state in industrially developed countries represents a new step to the state building.

Добавка Куппаева Пособие Правовое государство