Three features of the state as the central institution of the political system.... The central institution of the political system is the state of society
Concept of state
Central Institute political system is the state. The main content of politics is concentrated in its activities. The term “state” itself is usually used in two meanings. In a broad sense, the state is understood as a community of people, represented and organized by a supreme authority and living in a certain territory. It is identical to the country and the politically organized people. In this meaning they speak, for example, of the Russian, American, German state, meaning the entire society it provides.
Until about the 17th century, the state was usually interpreted broadly and was not separated from society. Many specific terms were used to designate the state: “polity”, “principality”, “kingdom”, “government” and others. Machiavelli was one of the first to depart from the traditions of the broad significance of the state. A clear distinction between state and society was justified in the contractual theories of the state by Hobbes, Locke, Rousseau and other representatives of liberalism. modern science a state in a narrow sense is understood as an organization, a system of institutions that has supreme power in a certain territory. It exists along with other political organizations: parties, trade unions, etc.
The following features are common to the state:
1. The separation of public power from society, its discrepancy with the organization of the entire population, the emergence of a layer of professional managers.
2. The territory delineating the borders of the state. The laws and powers of the state apply to people living in a certain territory. It itself is not based on consanguinity or religion, but on the basis of the territorial and, usually, ethnic community of people.
3. Sovereignty, i.e. supreme power in a certain territory. In any modern society there are many authorities: family, industrial, party, etc.
4. Monopoly on the legal use of force and physical coercion. The ability to deprive citizens of the highest values, which are life and freedom, determines the special effectiveness of the state, there are special means(weapons, prisons, etc.), as well as authorities - army, police, security services, court, prosecutor's office.
5. The right to collect taxes and fees from the population.
6. Mandatory membership in the state.
7. Claim to represent the whole and protect common interests and the common good. No other organization, except perhaps totalitarian parties-states, claims to represent and protect all citizens and does not have the necessary means for this.
Definition common features state has not only scientific, but also practical political significance, especially for international law. The state is a subject of international relations.
The central institution of the political system is the state. It concentrates the highest powers of power and has the ability to manage and purposefully regulate social relations. The term “state” itself is usually used in two meanings. In a broad sense, a state is understood as a community of people living in a certain territory, represented and organized by a supreme authority. It is identical to the country and the politically organized people. In this meaning they speak, for example, about the Russian, French, Italian state, meaning the entire society it represents.
Around the 11th century. the state was usually interpreted broadly and was not separated from society. A clear distinction between state and society was justified in the theories of the state by B. Spinoza, Hobbes, Locke, Rousseau and other thinkers. In them, these concepts are separated not only substantively and historically, since it is argued that individuals who initially existed in a free and unorganized state, as a result of economic and other interactions, first formed a society, and then, to protect their security and natural rights, by contract they created a special body - state. In modern science, the state in the narrow sense is understood as an organization, a system of institutions that have supreme power in a certain territory.
The state arose when the reproduction of man himself and the material foundations of his life outgrew the framework of a self-contained community. The origin of the state is not a one-time act, but a long process of disintegration of primitive self-government.
There are various theories of the origin, development and essence of the state. These are: a) theocratic, which interprets the state as a creation of God; b) patriarchal, which removes the state from the family, clan, tribe and interprets its power as tutelary, paternal; c) contractual, which interprets the state as the result of a social contract between citizens and rulers; d) violence, conquest, which explains the emergence of the state by the conquest of some groups and tribes by others; d) idealistic,
For example, for Hegel, the state is a spiritual idea that manifests itself in the form of human will and freedom; f) socio-economic - the emergence during the development of production of private property, classes and exploitation (Marxism).
The state is a product of the internal evolution of society, which objectively needs organizational design. In different eras, in different conditions it acts as an organization for managing society, as a mechanism of power. The state does not have an eternal nature; it did not exist in primitive society. Thus, the state is a historically established organization of political power and management of social processes in society, the main institution of the political system.
The state is a political institution that organizes the joint life of the population in a certain territory and ensures proper social order there, maintaining the appropriate norms and rules of human coexistence.
In general, the state was formed as an institution for organizing common life. It is for these purposes that it forms and supports the norms and rules of social life, controls their implementation by the authorities and subjects. In this sense, the state is a unique value, without whose power-organizing role it is impossible to preserve human coexistence in modern world.
As a specific institution of political power, the state has a number of characteristics that allow it to be distinguished from other political institutions and organizations.
1. The presence of special public power, which, embodied in state bodies, acts as state power. It is carried out by a special layer of people performing the functions of management and coercion, constituting the state apparatus, which is endowed with state powers, i.e. the ability to issue binding acts and resort to government influence when necessary.
2. Territorial organization of the population. State power is exercised within a certain territory and extends to all people living on it.
3. State sovereignty, i.e. independence of state power from any other power within the country and outside. Sovereignty gives the state the right to independently and freely decide its affairs, distinguishes it, along with other characteristics, from other organizations of society (for example, from parties, movements, etc.).
4. The state is the only organization that is engaged in lawmaking, i.e. issues laws and other legal acts binding on the entire population. The state cannot exist without law, since the latter legally formalizes state power and thereby makes it legitimate.
5. A state organization necessarily involves collecting taxes from the population.
The state represents the entire society as a whole; it and on its behalf make all government decisions without exception that concern all members of society and are binding on everyone. It is the bearer of power, the jurisdiction of which extends to all members of society and the entire territory of the country. The coercive nature of the state's power, its monopoly on the use of violence, fundamentally distinguishes it from other political institutions and makes it the basis of the political system.
It is impossible to imagine a state without power, domination and subordination. It differs from other forms of human organization in that it has military force and a judicial apparatus. Although violence is not the only means of the state, it is a specific means for it. However, the forms, means, and conditions for his use of violence or threats of violence are strictly defined and regulated by law. That is why they talk about legitimacy or legalized violence on the part of the state.
In modern society, enormous power is concentrated in the hands of the state. Firstly, it has a monopoly on the adoption of generally binding rules of conduct and the ability to ensure their application through the use of the repressive apparatus (army and police). Secondly, its strength is due to its intervention in the economic life of society. Thirdly, in a certain way it is also the guardian of society, since it performs the functions of social protection. Fourthly, senior government officials independently make decisions on all more or less important issues of social development.
The mechanism of a modern state is distinguished by a high degree of complexity and the diversity of its constituent parts, blocks, and subsystems. The structure of the state mechanism includes government bodies, government agencies and enterprises, civil servants, organizational and financial means, as well as coercive force. All this is necessary to ensure the functioning of the state apparatus.
The social purpose of the state, the nature and content of its activities are expressed in functions that are associated with the main areas of activity.
The classification of functions is based on the spheres of activity of the state, i.e. those areas of social relations that it affects. Depending on this, the functions of the state can be divided into internal and external.
Internal functions are the main directions of state activity within a given country, characterizing domestic policy states. These include protective and regulatory functions.
The implementation of protective functions presupposes the activities of the state to ensure and protect all social relations established and regulated by law.
Regulatory functions characterize the role of the state in organizing social production, developing the country’s economy, and creating necessary conditions for personality formation. Regulatory functions include economic, social functions, as well as taxation and collection of taxes, environmental, cultural, etc.
External functions are manifested in the foreign policy activities of the state, in its relations with other countries.
The external and internal functions of the state are closely interconnected and interdependent.
Depending on the duration of action, the functions of the state are classified into permanent (carried out at all stages of the development of the state) and temporary (they cease to operate with the solution of a certain task, usually of an emergency nature); depending on the meaning - into basic and non-basic.
The most important and initial characteristic democratic state
This is democracy. This means that the actual source of state power and its original social subject is the people and only the people.
A democratic state is a state in which strict observance and guaranteed implementation of personal, political and other rights and freedoms of man and citizen are ensured, broad participation of every member and all social strata of society in the management of state and public affairs in order to achieve public harmony, socio-political stability and the common good. The political regime of a democratic state will be discussed specifically in one of the chapters of the textbook.
A rule-of-law state is a state that, in all its organization, functioning and activities, is based on subordination to the law, on strict compliance with its norms that enshrine universal human rights and freedoms. It is based on the desire to protect a person from state terror, violence against conscience, petty tutelage on the part of authorities, to guarantee individual freedom and fundamental individual rights. It is a state limited in its actions by the law that protects the freedom, security and dignity of the individual and subordinates power to the will of the sovereign people. The relationship between the individual and the government will be determined by the constitution, which asserts the priority of human rights, which cannot be violated by the laws of the state and its actions. In order for the people to control the state, there is a separation of powers: legislative, executive and judicial. An independent court is called upon to protect the primacy of law, which is universal and applies equally to all citizens, state and public institutions. The concept of the rule of law in its fundamental terms developed in the 11th - 19th centuries. in the works of Locke, Montesquieu, Kant, Jefferson and other theorists. Various theories of the rule of law are based on the concept of civil society.
The adequate social basis of the rule of law is civil society, which is a society of developed social relations, high general and political-legal culture, socio-political activity of its members, separated and independent from the state and building its relations with it on the basis of recognition of the priority of society and the need to serve him state. Recognition of priority by civil society is a source of legitimacy of state power and the legal system, which, in turn, serves as the most important guarantee of respect for law and order in society. The doctrine of the rule of law, at the same time, proceeds from the inadmissibility of opposing them to each other, from the recognition of the need to achieve their harmonious
Interactions on a legal basis.
Civil society has a complex structure, including economic, family, ethnic, religious and legal relations, morality, as well as those not mediated by the state political relations between individuals as primary subjects of power, parties, interest groups, etc.
In civil society, in contrast to state structures, it is not vertical, but horizontal connections that predominate - relations of competition and solidarity between legally free and equal partners.
Summarizing the experience of the emergence and development of various legal states, we can highlight the following common features:
Presence of civil society;
Limiting the scope of state activity to the protection of individual rights and freedoms, public order, and the creation of favorable legal conditions for economic activity;
Worldview individualism, everyone’s responsibility for their own well-being;
Legal equality of all citizens, priority of human rights over state laws;
Universality of law, its extension to all citizens, all organizations and institutions, including government bodies;
Sovereignty of the people, constitutional and legal regulation of state sovereignty. This means that it is the people who are the ultimate source of power, while state sovereignty is representative in nature;
The separation of the legislative, executive and judicial powers of the state, which does not exclude the unity of their actions based on the procedures provided for by the constitution, as well as a certain supremacy of the legislative power;
Priority in state regulation of the method of prohibition over the method of permission. This means that in a rule-of-law state the following principle applies to citizens: “Everything that is not prohibited by law is permitted.” The method of permission is applied here only in relation to the state itself, which is obliged to act within the limits of what is permitted - formally recorded powers;
The rights of other people as the only limiter on individual freedom. The rule of law does not create absolute personal freedom. The freedom of everyone ends where the freedom of others is violated.
The establishment of the rule of law was an important stage in expanding the freedom of the individual and society. Its creators believed that providing everyone with negative liberty (freedom from restrictions) and encouraging competition would benefit everyone, make private property available to everyone, maximize individual responsibility and initiative, and lead ultimately to the welfare of all. However, this did not happen. Individual freedom, equality and non-interference of the state in the affairs of civil society proclaimed in legal states did not prevent the monopolization of the economy and its periodic crises, harsh exploitation, worsening inequality and class struggle. Deep actual inequality devalued the equality of citizens and turned the use of constitutional rights into a privilege of the propertied classes.
A social state is a state that strives to provide each citizen with decent living conditions, social security, participation in production management, and ideally approximately equal life chances, opportunities for personal self-realization in society.
The activities of such a state are aimed at the common good and the establishment of social justice in society. It smooths out property and other social inequality, helps the weak and disadvantaged, takes care of providing everyone with work or another source of livelihood, maintaining peace in society, and creating a living environment favorable to humans.
The activities of a modern welfare state are multifaceted. This is the redistribution of national income in favor of less affluent segments of the population, employment and security policy, employee rights in the enterprise, social insurance, support for family and motherhood, care for the unemployed, the elderly, youth, development of accessible to all
Education, healthcare, culture, etc.
If the essence of the state as a political institution is uniform, then the forms of the state are diverse. This diversity has fully manifested itself in historical development and takes place in modern era, when the number of states on our planet exceeded 200.
States are traditionally characterized through forms of government and forms of territorial (state) structure. They embody the organization of supreme power, the structure and order of relationships between the highest state bodies, officials and citizens. The elements of the form of the state are:
Form of government, which is usually understood as an organization higher authorities authorities in a particular state;
Form government structure, which reflects the territorial structure of the state, i.e. how the territory of a given state is structured, what parts it consists of and what their legal status is;
A political regime, which is a system of methods, means and means of exercising state power and characterized by the degree of political freedom in society, the state legal status personality.
Forms of government are divided according to the method of organizing power and its formal source into monarchies and republics.
In a monarchy, supreme power is fully or partially concentrated in the hands of the sole head of state - the monarch (king, czar, shah, etc.). This supreme power is usually hereditary. At the same time, a distinction is made between an absolute monarchy, in which there are no representative institutions of the people and the power of the monarch is not limited in any way (for example, Saudi Arabia, Brunei, etc.). A limited monarchy is when, along with the head of state (monarch), there is another supreme authority (for example, Parliament). The modern form of limited monarchy is a parliamentary monarchy. The role of the monarch in it is nominal; the leading role in governing the state is played by the government formed by parliament. The most typical example of a parliamentary monarchy is modern Britain, Japan, Spain, Sweden, Norway, etc.
A republic where all the highest authorities are elected or formed for a certain period of time. Depending on who forms the government, to whom it is accountable and controlled, republics are divided into presidential, parliamentary and mixed.
In a parliamentary republic, the head of state is elected executive. The role of the president in forming the government, as well as in running the country, is purely nominal. The government, headed by the Prime Minister, is formed by parliament, to which it is politically responsible. Currently, parliamentary republics exist in countries such as Italy, Germany, Austria, India and others.
A presidential republic is characterized by the fact that the head of state is the president, who has the powers of head of state and head of government. The government in such a republic is appointed by the president himself and is not responsible to parliament. Such republics are the USA, the Russian Federation and others.
In some countries there is a mixed form of government, i.e. combining the features of a presidential republic, where the head of state is elected by the population and appoints the government; and a parliamentary republic, where the government is responsible to parliament, early dissolution of parliament by the president is possible. Such countries with a mixed form of republican government include, for example, France, Finland and others.
The form of the state is the external manifestation of the organization of territorial and class-political power, which includes three elements: territorial structure, form of government and political regime. The territorial structure of the state reflects the connection between central and local government bodies, the relationship of individual parts of the state among themselves and with the state as a whole. On this basis, two main forms are distinguished - a unitary and federal state, as well as a transitional form - a confederation.
A unitary state is a simple, unified state that does not include other state entities as its members. In such states there is a unified system of supreme bodies and a unified system of legislation. Most states in the world (more than 85%) are unitary. These include states such as Spain, China, Italy and others.
A federal state is a complex, union state, parts of which are state entities and have a certain political independence and other signs of statehood. Unlike a unitary state, a federation has two systems of supreme authorities - federal authorities and the relevant authorities of the members (subjects) of the federation. Along with federal legislation, there is also legislation of the constituent entities of the federation. 24 states are federal in nature. Among them, the largest countries by territory are the USA, Russia, Canada, India, Brazil, Argentina, Australia, as well as Mexico, Pakistan, Nigeria, Switzerland, UAE, Belgium, etc. Accounting for only 3% of total number countries of our planet, federal states cover in total about a third of the population and half of the globe's territory.
A confederation is a temporary union of states formed to achieve political, military, economic and other goals. This is a less durable association of states compared to a federation and has existed for a relatively short time. Confederations either disintegrate or transform into federal states. The Confederation does not have sovereignty, because there is no common territory for the united subjects, a unified system of legislation, and no common citizenship. Confederations existed in the USA (1776 - 1787), Switzerland (until 1848), Germany (1815 -1867) and some other countries. Within the framework of the confederation, union bodies can be created, but only on those problems for the sake of which they united and only of a coordinating nature. Subjects of the confederation have the right to freely secede from the union.
Thus, the union of several states into a confederation (as opposed to a federation) does not lead to the formation of a new state.
There is also a classification of states by type, carried out mainly from the perspective of two approaches: formational and civilizational. Within the first, the main criterion is socio-economic characteristics (socio-economic formation). In accordance with this, the following types of state are distinguished: slave, feudal, bourgeois, socialist. Within the second approach, the main criteria are cultural, religious, national, psychological and other characteristics. Depending on them, the following civilizations are distinguished: Egyptian, Chinese, Western, Byzantine
Introduction
Questions:
1. Origin, essence and main features of the state as a “special organization of power”
2. Institutional forms of government and forms of government
3. Features of the structural and functional organization of state power in Russian Federation
4. Elections as an institution for the reproduction and renewal of state power
As a result of successfully studying the topic, you will learn:
· basic concepts of the origin and essence of the state as a universal organization designed to produce the minimum of regulation and order necessary for society
· the structure and functions of the state as an extensive system of institutions and institutions, embodying three branches of government: legislative, executive and judicial
· the essence and substantive meaning of parliamentarism as a basic institution of democracy, in which the principle of popular sovereignty is most directly manifested
· main types of state, classified on such grounds as form of government, form of government
· the essence and foundations of the rule of law as an institution that ensures the supremacy of law and law in public life
· the essence and foundations of the welfare state as an institution that guarantees its citizens a certain level of social security and safety
· place and role in the system of government bodies of the institution of presidency and parliamentarism: common features and features of presidential and parliamentary republics
· the role and significance of the institution of free democratic elections in the organization and functioning of state power: the main types of electoral systems
· features of the structural and functional organization of state power in modern Russia and the implementation of the principle of “separation of powers”
and acquire the following competencies:
· formulate fundamental differences in approaches to analyzing the origin and essence of the state, characteristic of Marxism and the liberal Western tradition
· reveal the content of the principle of separation of powers as a system of checks and balances in the organization of state power, ensuring freedom and democracy
· give a comprehensive description of the mechanisms for the formation of each branch of government, as well as their functional and purposeful purpose
· distinguish (using the example of specific countries) the features of state building in the conditions of unitary states, federations and confederations
· prove the direct dependence of the emergence and development of civil society on the form and method of government existing in a given state
· correlate concepts such as “parliamentary republic” and “presidential republic”, “absolute monarchy” and “parliamentary monarchy”
· conduct a comparative analysis and formulate differences between the system of organization of government in the USA and in the Russian Federation
· reveal the content of the election campaign as a complex legislatively regulated process, breaking down into a number of successive stages
· see the “pros” and “cons” of majoritarian and proportional electoral systems and the features of their use in organizing elections in our country
As you master the topic, focus on the following concepts:
State- an organization of public political power that extends to the entire society, acts as its official representative and, if necessary, relies on means and measures of coercion
Legislature- one of three powers that balance each other in the state. It is a set of powers to issue laws, as well as a system of government bodies exercising these powers
Executive branch– represents a set of management powers state affairs
Confederation- a form of union of states in which the states included in the union retain their sovereignty in full. Combines the features of both international legal and government organization
Majoritarian electoral system- one of the two main types of electoral systems, in which the candidate who gets the result is considered elected. greatest number votes
Monarchy- a form of government in which the head of state is the monarch. His power (with rare exceptions) is for life and is inherited.
Proportional electoral system– one of the two main types of electoral system, in which the distribution of mandates is carried out in accordance with the received share of the vote
Republic- form government, in which all supreme bodies of state power are either elected or formed by representative national institutions (parliaments), and citizens have personal and political rights
Judicial branch– represents a set of powers to administer justice, i.e. powers to consider and resolve criminal, civil, administrative and constitutional cases (disputes)
Unitary state- one of two forms of territorial organization of the state. A state is unitary (merged, simple) if the majority of parts of this state do not have the status of a state entity
Federation- a form of government, which is a complex (union) state consisting of state entities that have legally defined political independence
To study the topic:
Read:
O.Z.Mushtuk. Political science. Tutorial. – M.: Market DS. 2006. Section 4. The state as the central institution of the political system. Chapters: 4.1. Origin, essence and main features of the state as a “special organization of power” (pp. 259 – 275); 4.2. Institutional forms of government and forms of government (pp. 276 – 291); 4.3. Features of the structural and functional organization of state power in the Russian Federation (pp. 292 – 317); 4.4. Elections as an institution for the reproduction and renewal of state power (pp. 318 – 345).
Pay attention to:
On the importance of this topic in acquiring the necessary skills to rationally and critically analyze political phenomena and processes related to the organization and functioning of state power in various countries and political systems, the mechanisms for the formation of political power institutions and structures in them, the distribution of spheres (and volumes) between them. competence and responsibility, etc.
Moreover, we are talking about the skills and abilities to identify in this analysis (using comparative political science methods) not only what is common and similar, but also what distinguishes, what gives rise to national specificity and is associated not only with differences in historical experience and traditions, but also with the subjective side of politics, including the worldviews and value orientations of those in power, the degree of their commitment to democratic forms and methods of government, attitude towards the possibility (and necessity) of control by the public, etc.
“Any government can afford exactly as much as the people allow it” - this normative ideal of democracy is an ideal because, like any other ideal, it has no end. But getting closer to it to one degree or another is a task (as experience shows Western countries) is quite feasible. But this requires both solid knowledge of through what channels and by what means it is possible to retain power and rulers within the framework of the obligations imposed on them by society, as well as practical skills in the reasonable (rational) use of these mechanisms.
If we in Russia want a truly democratic and socially responsible government, then we must accustom our “rulers” (big and small) to perceive themselves not as “shepherds of the flock” sent by God, i.e. of the people, but only and exclusively in the role of its “trained servants”, professionals who are hired (and maintained) by the people to conduct common affairs, authorized by them to govern the country according to legal (i.e. fair) law in the name of neither private nor corporate, but the common good.
And who are removed (expelled) by the people if they do not comply (or unprofessionally fulfill) the obligations assumed under the social contract. If, instead of caring about promoting common state interests, they act only and exclusively to please their personal egocentric ambitions and plans.
And for this there is only one way - to learn to actually (effectively) use (among other things) such an accessible tool for control and rotation of those in power as free (alternative) elections. Only through this ability to choose “leaders” and “stewards” worthy of ourselves, and having chosen to cope with them, can we truly come to real democracy, a democracy of rationally conscious and responsible participation, in which power will be exercised (and constantly renewed) by those who freely express themselves by the majority.
Check out the following additional materials:
1. Constitution of the Russian Federation. Official publication. – M.: Publishing house “Legal Literature”, 1997
2. O.Z.Mushtuk, E.A.Kiselev. Modern electoral systems and election technologies - M.: Publishing house MESI, 1999 - p. 4 – 77 (Introduction, chapters 1 – 5)
3. Mushtuk O.Z. Breaking is not building. The next tasks of the authorities. – M.: Observer-Observer. 2002. No. 2 – p. 69 – 76
Pay attention to:
Contained in these publications is an analysis of the structural and functional organization of power in the Russian Federation within the framework of its transition to a market and the implementation of political modernization “in the image and likeness” of what exists in developed Western democracies, including factors that “pull” the country back, and what determines the constant reproduction in political practice of what we are trying to escape.
Answer the following questions:
1. Structure and functions of the political system and mechanisms of its interaction with the environment
2. Capabilities of political systems as determinants of effectiveness
3. Basic criteria for the classification of political systems and their typological plurality
4. The concept of a political regime as a functional side of the political system
5. Initial features and " birth characteristics totalitarianism as a regime of “all-consuming rule”
7. Democracy as a value and political form of social progress
8. Basic principles and attributes of pluralistic (representative) democracy
9. Human rights and freedoms and international standards in this area
10. Main directions and effectiveness of political modernization (democratization) of Russia
Theoretical material on the topic:
Theoretical material of question 1:
When studying the first question – Origin, essence and main features of the state as a “special organization of power” – you should first of all familiarize yourself with various theories origin of this institution. Understand the content of such theories as:
· theocratic theory(within which the emergence of the state is interpreted as the result of a contract between man and God)
· patriarchal theory(within the framework of which the state crowns the process of inter-tribal and inter-tribal integration and appears as the highest (ultimately developed) form of patriarchal power)
· social contract theory ( within which the state acts as the resulting product of a voluntary agreement between people)
· theory of violence(in which the emergence of the state is associated with the conquest and enslavement of some tribes by other tribes)
· class theory(within the framework of which the state arises where and when the division of society into antagonistic (socially irreconcilable) classes occurred).
It must be borne in mind that all these theories cannot be assessed unambiguously. Each of them contains a rational grain and in its own way (taking into account the knowledge accumulated by that time) reveals one or another side (or manifestation) of the genesis and development of the state - processes that were generally objective in nature, being an institutional expression of the social need to streamline the joint life and centralization.
In legal terms The main features of a state are: coercion(obedience to the mechanism of government under compulsory laws); sovereignty(supremacy of state power within the country and independence in relations with other states); universality(the state acts on behalf of the entire society and extends its power throughout the entire society).
On a social level– population (a community of people living within the borders of a given state and who are its citizens or subjects), as well as institutions such as the ruling political elite(carries out the function of strategic management of the company) and administrative apparatus(a special layer of government officials and employees involved in direct government administration).
In a geographical sense– clearly defined state borders territory as the physical (material) basis of the state, which is characterized by: indivisibility, inviolability, exclusivity and inalienability. A state that has lost its territory ceases to be a state.
At the organizational and institutional level– an extensive network of institutions and institutions that represent three branches of government– legislative, executive and judicial, which in democratic systems built on the principle of separation, i.e. are autonomous and independent of each other, having (each) a constitutionally established scope of powers and prerogatives.
Regarding the main functions of the state as the supreme manager of public affairs, then among them it is necessary to distinguish between the functions internal(related to the management of certain spheres of public life and ensuring social stability in society, protecting the constitutional system) and functions external(aimed at ensuring national security and protection of the country’s interests in the international arena).
The study of the first question should be concluded by understanding what is behind the concepts "constitutional state" And "welfare state".
Theoretical material of question 2:
When studying the second question – Institutional forms of government and forms of government - You should first of all understand what these concepts mean. Concept "form of government" indicates the method of organizing the supreme state power, the principles of relationships between its individual constituent institutions and institutions, the degree of participation of the people in the formation of government bodies and control of their activities. Concept "form of government"– on the national-territorial organization of the state and the nature of the relationship between central and regional (local) administrative and managerial structures.
From point of view forms of government One should distinguish between states in the form of a monarchy (hereditary power) and in the form of a republic (elected power). Monarchies there are two types: absolute and constitutional. IN absolute monarchies Unlimited power by anyone or anything is concentrated in the hands of one person (king, czar, sultan, etc.). There are no representative bodies, as well as political parties and organizations.
IN constitutional monarchies The power of the monarch is no longer comprehensive and is limited in the sphere of legislation by a representative body, i.e. parliament (dualistic, or dual, monarchy), or is “purely” symbolic (formal) power, when the monarch seems to “reign” but does not rule, real power is concentrated not in the hands of the monarch, but in the hands of the popularly elected parliament and the government formed by it on a party basis, headed by the prime minister -minister – leader of the party (or bloc of parties) that won the elections (parliamentary monarchy).
Among the republics one should also distinguish republics with a presidential form of government and republics with a parliamentary form of government. But it must be borne in mind that in their “pure form” these two types of republics are rare and most of them that currently exist belong to the category of mixed (presidential-parliamentary or parliamentary-presidential republics).
In this regard, it is advisable to compare the order of formation and status powers of the legislative and executive powers in republics of different types. What is characteristic of the United States as a presidential republic in this regard? classic type, France - as a semi-presidential republic, Germany - as a parliamentary republic. And also for different types of monarchies: Saudi Arabia - as an absolute monarchy, Jordan - as a dualistic monarchy, Great Britain - as a parliamentary monarchy.
One should also distinguish between the typological heterogeneity of states in terms of forms government structure. According to this criterion they are divided into states unitary,federal And confederate. The former predominate, the latter are rare and, as a rule, short-lived. It is important to take into account that one or another form of government is determined by countless factors (social, political, economic, historical, cultural, geographical, etc.). The more diverse the living conditions of individual countries and peoples, the greater the likelihood of not a unitary, but a federal or confederal form of state, the more specific features there are between them, even within the same type. And in order to understand the differences between unitary states and federations in terms of centralization and decentralization of power and prerogatives, it is necessary to conduct a comparative analysis using the example of the USA or Germany (federal republics) and Great Britain or France (unitary states).
Theoretical material of question 3:
When studying the third question – Features of the structural and functional organization of state power in the Russian Federation – we should, first of all, turn to the Constitution of the Russian Federation, popularly adopted in 1993, as the main Law of the country, according to which the Russian Federation is a democratic, federal, legal state with republican form board. And on this basis it is necessary to consider:
· Legal status of the President of the Russian Federation as the head of state and guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen and the functions arising from this status of the first official in the state to represent the country in the international arena and determine the main directions foreign policy, its powers and prerogatives related to the organization and functioning of the executive branch, relationships with other branches of government (legislative and judicial)
· Place and role in the system of organization and functioning of state power Federal Assembly The Russian Federation is an institution that embodies parliamentarism as a system of leadership based on the principle of separation of powers, acting as a representative body designed to express and implement the will and sovereignty of the multinational people of Russia, playing the role of a legislative institution endowed with the exclusive right to pass laws
· Differences in the order of formation and status powers between the two chambers of the Federal Assembly– the upper one, represented by the Federation Council, designed to express the interests of all subjects of the Russian Federation, and the lower one, represented by State Duma representing the interests of the country's population as a whole. The question of the possibilities and channels of influence of both chambers on the executive branch at the stage of formation, as well as the forms of control over current activities deserves special attention.
· The procedure for the formation and status powers of the Government of the Russian Federation as the highest executive body, as well as the possibility of his resignation by the State Duma, given that the Government of the Russian Federation is not born from parliament (the latter’s participation in the process of government formation comes down only to the approval of the candidacy of the prime minister). The key figure in this process is the President of the Russian Federation
· Legal status and differences in areas of competence three constituent authorities of the judicial system of the Russian Federation at the federal level - the Constitutional Court, the Supreme Arbitration Court and the Supreme Court.
Particular attention should be paid to issues related to federal structure of the Russian state, and understand that the republics that are part of the Russian Federation do not have the status of sovereign and independent. The sovereignty of the Russian Federation is indivisible and extends to its entire territory, which is manifested (among other things) in the fact that throughout the entire territory of the Russian Federation it is not republican constitutions and republican legislation that have supremacy, but rather the Constitution of the Russian Federation and federal laws. And the first (i.e., republican constitutions and laws) should not contradict the second (i.e., federal laws and the federal Constitution).
Theoretical material of question 4:
When studying the fourth question – Elections as an institution for the reproduction and renewal of state power – it should be borne in mind that, although there is no democracy without elections, not every election is a manifestation of it, but only those that are based on:
· freedom of voting, i.e. universal and equal suffrage according to the principle: “one person, one vote”
· freedom of nomination and the associated alternativeness and fair competition of elections
· freedom and equality all registered participants in the election race in rights to information and election campaigning
· freedom of self-determination each potential voter regarding personal participation in elections (at the level of both active and passive voting rights)
· obligation and frequency, when elections are held not occasionally, but regularly - within the time limits specified by law.
Elections are a rather complex legally regulated process, which includes a whole a series of sequential stages. In this regard, it is necessary to distinguish and clearly understand the content:
· initial stage associated with the announcement of the date of elections and the formation of their institutional infrastructure
· nomination and registration of candidates to representative bodies and elected government posts
· organizing and conducting an election campaign(campaigning) by candidates and electoral associations
Particular attention should be paid to financial side elections and the existing legal regulations and “taboos” in this area with regard to the formation of election funds and their sources, limiting the circle of legal and individuals entitled to voluntary donations to these funds, rules and principles for using the proceeds Money etc.
The question of electoral systems. Here it is necessary to clarify the essence of two of the most widely used systems, namely: majoritarian systems (or majority systems) and proportional systems (or systems of proportional representation), as well as the “pros” and “cons” of each of them with regard to the possibilities of real representation of the political forces operating in the country and reflection of the will of the majority, the creation of capable governments, the development of certain types of party-political systems, etc.
To conclude the study of the topic should be considered practices of organizing and conducting elections in the Russian Federation by referring to the relevant legislation. And, above all, to Federal laws: “On the basic guarantees of electoral rights and the right to participate in referendums of citizens of the Russian Federation” dated June 12, 2002, “On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation” dated December 20, 2002 and “On the elections of the President of the Russian Federation” dated January 10, 2003
To prepare for the seminar:
Consider your answer to the following questions for discussion:
The state does not exist to transform earthly life to heaven, but in order to prevent it from finally turning into hell." (V.S. Solovyov - Russian philosopher). “The state structure is first and more important than the economy, because it is a condition for one to be able to live at all.” (A.I. Solzhenitsyn - Russian writer). “Even a bad state is better than anarchy” (Kirill – Metropolitan of Smolensk and Kaliningrad). Taking these statements into account, think about your answer to the following questions:
1. What factors objectively determine the need for the state as a political institution?
2. What is behind the definition of the state as a “special organization of force”?
3. What functions does the state perform as the supreme “manager-manager” of public affairs?
4. Does democracy deny the need for a strong state and how should this strength be manifested?
Write a short essay (2-3 pages) on one of the following questions:
Short Essay Questions:
1. What are the main postulates of Marxism on the issue of the origin and essence of the state?
2. What characterizes parliament and parliamentarism as the basic institutions of representative democracy?
3. What factors determine the need for a federal structure of the state
5. What is the functional purpose of the administrative apparatus of the state and how do the concepts of “bureaucracy” and “bureaucracy” relate?
6. How is the government of the Russian Federation formed and who plays a key role in this process?
7. What structural elements and technologies make up the election campaign of the candidate and the electoral association?
8. From what sources of funds are candidates’ election funds formed and what legislative prohibitions and “taboos” exist in this regard?
Complete self-assessment tests
· Test of section 4. The state as the central institution of the political system from the book: O.Z. Mushtuk. Political science. Tutorial. – M.: Market DS. 2006. – p.331 – 339
To prepare for the consultation:
· Write down the questions the answers to which caused you difficulty and require additional consultation from the teacher
· Review the virtual consultation class for a list of frequently asked questions. Perhaps you will find answers to your questions there
The state as the central institution of the political system (slide).
The structure of a political system is made up of a number of elements, including the most important place occupy so-called political institutions - organizations, institutions, associations of citizens that perform special functions in political life society. Political institutions include the state, political parties, socio-political organizations, movements, etc. What is a state? What is the meaning of this concept, widely used by many sciences, in political science? What are modern states like? What are the functions of political parties and interest groups in political life? These and other issues are discussed in this module, which is devoted to the main institutions of the political system of society.
In the modern world, in which there are already more than 200 states, there are also tiny (dwarf) states (such as the Principality of Monaco with an area of 1.95 km2 and a population of less than 32 thousand people, or the Vatican, located in the capital of Italy, with an area of 0.44 km2 and a population of about a thousand people) , and huge in terms of territory and number of inhabitants of the country(as, for example, Russia is the largest state in terms of territory with an area of 17,075.4 thousand km2 and the seventh in the world in terms of population - 144.2 million people, or China, with the largest number inhabitants - over 1 billion 286.97 million people, and the third largest in the world in terms of territory - 9.6 million km 2). But regardless of the size and number of inhabitants, location and history, they all have a number of properties that distinguish them from others public entities and organizations:
· versatility– the ability to manage a socially heterogeneous society with the help of special bodies;
· sovereignty– supremacy, completeness and independence of political power;
· monopoly on the publication of laws and regulations binding on the entire population;
· tax collection;
· use of violence.
The state is the central element of the political system of society. If the functions of exercising political power in society can be performed by various organizations, parties, public associations, unions, which together constitute the political system of society, then only the state has the highest power, the decisions of which are binding on all citizens, organizations and institutions. It acts as the official representative of the entire society, coordinating and ordering its life with the help of power resources entering the political system.
The term “state” is relatively new. The fact is that until the 16th century. the state and civil society were not separated from each other; concepts such as principality, kingdom, republic etc. Special term "stato"(from lat. status- status, position) to designate the state as a special form of political organization of society was introduced into scientific circulation by an Italian scientist and statesmanNiccolo Machiavelli, was the first to note the difference between the governance of small city-states (polises) through the direct participation of all its citizens and large national communities, where governance is carried out by the political elite with the help of state power.
The emergence of statehood at different stages of the development of political thought was associated with the influence of various factors. Thus, the origin of the state was explained by divine will ( theological theory ), historical development - the unification of clans and tribes ( patriarchal theory ), rational agreement of people ( contract theory ), military-political factors - as an apparatus for managing captured peoples and territories ( capture theory ), economic factors - the political dominance of the economically dominant class ( economic, Marxist-Leninist concept ), psychological factors - people’s need for submission ( psychological, psychoanalytic concepts ) and etc.
Important elements states are:
Territory
2) population– community of people permanently residing on the territory of a given state and subject to its authority. The population is connected with the state by fact permanent residence on its territory, as well as the special nature of the political and legal affiliation - a fact citizenship (citizenship is a permanent connection between a person and the state, manifested in their mutual rights and responsibilities). According to national composition they distinguish mononational states (example: Japan), and multinational states (example Russia).
3) public power, those. a special system of bodies and institutions that implements the functions of state power ( state apparatus).
1) Legislative authorities whose main function is the development and adoption of laws. The highest legislative body is called parliament.
2) Executive agencies, performing executive and administrative functions in the state. The highest executive body is called government.
3) Judicial authorities carrying out the functions of justice in the state.
4) Control and supervision bodies - bodies facilitating the execution of judicial power(prosecutor's office, bar, etc.), as well as various control and audit departments and inspections.
5) Head of state - a constitutional body or highest official (monarch or president) representing the state within the country and in the international arena.
Each state can also have its own state symbols (flag, coat of arms, anthem, Sometimes - motto), own monetary unit, state language (legislatively established language of official communication, mandatory for use in office work, legal proceedings, education, public funds mass media), the capital. Thus, STATE can be defined as universal, sovereign political form organization of society, the central institution of the political system, created to organize and manage the life of the population in a certain territory with the help of public authority, which is binding.
Functions of the state:
1. Internal:
· Legal (protection of the constitutional order);
· Socio-economic (regulation of the economy, implementation of social programs, social protection population)
· Ecological (environmental protection, consolidation legal regime environmental management)
· Cultural and educational (state support and development of culture, education, sports)
2. External:
· State defense
· Cooperation with other states
· Maintaining world order
So, all states have approximately the same set of properties, characteristics and functions. In any state there are parliaments, governments, courts, army, police, etc. However, upon closer examination of the structure of state power, national-territorial organization, the relationship between religion and secular power, one can notice significant differences in the structure modern states. Thus, the head of government in Germany is the chancellor, appointed by parliament, and in the USA - the president, elected by the people; the head of state in Japan is the emperor, in Sweden - the king, in France - the president, in Australia and Canada - the Queen of Great Britain, represented by governors general, and in Cuba or Libya there is no president, no monarch, or even the post of head of state. The Sultan of Brunei rules the state alone, while the Queen's power in Great Britain is limited almost entirely by an independent parliament, government and courts. The territory of Germany consists of states, the USA and Mexico - of states, Russia - of republics, territories, regions and autonomous okrugs, and the territories of China, Spain, and Ukraine include autonomous entities. Even the names of states (United Kingdom of Great Britain and Northern Ireland, Federal Republic of Germany, Socialist People's Libyan Arab Jamahiriya, Islamic Republic of Iran, etc.) indicate the existence of peculiarities inherent in each specific state. At the same time, of course, some states have quite similar characteristics, which makes it possible to unite them into certain groups according to the methods of forming the highest bodies of power (forms government) and territorial organization (forms state structure).
A)* state
89. The concept of the rule of law was formulated by supporters of the ideas A)* liberalism
91. The model of constitutions is considered A)* US Constitution
According to the form of power, a constitutional monarchy is
A)* UK
93 .If, along with the monarch, there is a parliament in the state, then such a state in the form of power is constitutional monarchy
A)* from the monarch
A constitutional monarchy was first established as a result
A)* English bourgeois revolution
95. A sign of the rule of law isdivision of power into 3 branches
96. Only A)* state
A characteristic feature of totalitarian states is
A)* one-party system
The founders of the theory of the totalitarian state are
A)* Plato, Aristotle
99. The current Constitution of the Republic of Kazakhstan was adopted A)* in 1995
100. According to the form of government of the Republic of Kazakhstan A)* presidential rep
The integrity of society and the interconnection of its members is ensured by
A)* institution of citizenship or nationality
102. A unitary state is characterized by A)* presence of a single subject of power
The main criterion for dividing states into unitary and federal is
A)* number of government entities
104. The most unstable form state association, easily transforming into other forms A)* confederation
105. Political institution designed to regulate, control the activities and behavior of citizens A)* state
106. Find a match Correct answer: 1 D, 2 A, 3 F, 4 E, 5 B, 6 C
Find a match
Correct answer: 1B, 2A, 3D, 4C
Political institution performing executive functions
A)* government
109. There is no unified bureaucratic apparatus if the form of the state A)* confederation
A)* delegation of powers by society to the state
Centralized control over the economy is characteristic of
A)* totalitarian regime
Parliament of the Republic of Kazakhstan
A)* is the highest representative body exercising legislative functions
In the parliamentary model, the main functions of parliament are
A)* in the formation of the government, control over it and its dissolution
The most common type of political-territorial organization or form of government is
A)* unitary state
The internal boundaries of the federation may be changed
A)* only with the consent of its subjects
116. Foreign policy functions in a federal state are carried out by A)* union government bodies
117. Among the real political forces openly operating on the political scene, the most influential are A)* games
Political parties in the modern sense arose
A)* in the second half of the 19th century
119. The party is A)* political public organization who fights for power or for participation in the exercise of power
120. Mass political parties arise A) with the introduction of universal suffrage
122. Political parties directly perform the function of exercising power A)* in totalitarian systems
A)* electorate
One-party systems are typical for
Multi-party system is a characteristic feature
A) democratic regime
126. The 2-party system has historically developed A)* in the USA
Based on participation in political power, parties are divided into
A)* ruling and opposition
Multi-party system is a characteristic feature
A)* democratic political regime
129. Ideology is A)* a more or less holistic system of ideas and views, ideals expressing the interests and values of a particular society or part of it
A political institution designed to generalize, justify and protect the interests of certain social groups
A)* political party