Even in ancient times, when the institution of the state was first comprehended by philosophers and public figures, a reasonable question arose: is the state a source of law, or, conversely, does law generate a state? The history of mankind shows that the answers to this question were very different.
Basic concepts
At present, the institution of the state is understood to mean a certain sovereign organization of power that extends to a certain territory and has an apparatus for compelling the execution of the rule of law established by the state itself. Sovereignty is a fundamental property of state power, expressed in its independence from any third forces.
Another fundamental feature of the state is the institution of law, that is, a system of generally binding norms established and guaranteed by the state, which determines the nature of social relations. In most cases, law directly serves the state, consolidating and defending its interests. However, do not forget that the legislation also contains clauses protecting a person from the arbitrariness of the authorities.
Community Development and Law
The presence of codified law is one of the most important signs of civilization. It is the same product of social development as morality, culture or religion. In ancient times, the rule of law was closely related to religious and ethical requirements. Over time, the differences between them deepen. Characteristically, one of the first actions of persons who came to power as a result of bourgeois-democratic revolutions was the publication of a decree on the separation of the church from the state. As a result of these processes, law has acquired a modern content: in contrast to moral and ethical standards, law is ensured by the institution of the state, it is formally defined, and its norms are binding.
The impact of law on the state
Researchers identify two main areas of influence of law on the state:
- law creates an internal organization, that is, it draws up the structure of the state itself and interaction between its various elements is carried out;
- law determines the nature of the relationship between the state and society.
As indicated, legal codes contain certain guarantees against excessive concentration of power in one hand. This is also facilitated by the fact that it is on legal grounds that relations between individual branches of government are regulated, which is especially important in federal states, where the problem of maintaining a certain independence of the subjects of the federation from the center is acute.
State impact on law
First of all, this effect is manifested in the fact that it is the state that is the most active creator of various legal norms and subsequently implements them. Such implementation is in the hands of the executive branch of government, which is controlled by the judiciary. The requirement for independence of the courts is fundamental. Only through its implementation does the rule of law become possible.
The third channel of influence of the state institution on the legal system is the creation in society of an atmosphere of trust in existing laws. Without the ideological support of the state, the existence of law is impossible. The same is observed if laws are imposed on society without taking into account its needs and requirements.
Legal policy
In aggregate, all methods of influencing the state on law can be denoted by the term "legal policy." This form of administration of power functions expresses the goals and objectives of the state in the field of creating new legal forms and methods for their implementation. It is legal policy that underlies legal reforms and transformations.
In general, legal policy is a combination, principles, directions and ways of creating - with their subsequent implementation - legal norms. It is always based on the general and particular laws of the development of the legal system of a particular state. The implementation of legal policy also includes the strengthening of the rule of law in the country, which is implemented in the organization of the necessary institutions to combat crime. An important aspect of legal policy is the education in society of respect for the law and the formation of a legal culture.
Institutions of a Democratic State
The essence of the state is not limited to the establishment and administration of power. The state seeks to embrace almost all spheres of society. To do this, he needs the creation of specific bodies and institutions.
In a democratic state, a system of institutions is opened by bodies through which power implements the "management mandate" received from the people. Such bodies primarily include the parliament, in which the legislative branch is concentrated. If the republic is a presidential, then the institution of the presidency plays an equal role with parliament. Finally, another component of power institutions is local government.
The President is not the only holder of executive power. The main institutions of the state also include government agencies and the local administration. The protection of sovereignty is perhaps the most important problem of any state, therefore, in the system of its institutions, an important role is played by the bodies leading the country's armed forces, as well as ensuring state security and maintaining public order.
Authoritarian option
All existing state institutions are of varying importance. If the development of democracy in the country froze at a low level, it is possible to curtail individual institutions. In this case, the institution of the administration of power (that is, the president or the monarch), the subordinate law enforcement agencies, which are not so much involved in law enforcement as the establishment of a system of total surveillance and the elimination of any dissent, retains real significance. The less developed government institutions, the lower the level of democracy in the country. A striking example of this is the Soviet Union. Throughout its seventy-year history, the state waged a fierce struggle with its people. Today everyone has heard about the horrors of the Soviet penitentiary system, whose development was made possible due to the lack of democratic control and oversight bodies. The dissident movement that unfolded in the last decades of the USSR’s existence, one of its demands, persistently put forward the creation and development of the institutions of the rule of law.
Constitutional state
The main achievement of this type of organization of power is that the state is an expression of the needs of not a narrow ruling stratum, but the whole people. Law and rule of law come to the fore. This is achievable only if the source of any power is the people themselves. The people not only form branches of power through elections, but also have the right to criticize it. The state is a complex and contradictory institution, so people are given the opportunity to influence it through rallies, pickets and demonstrations.
An innovation in the public life of a state that has reached a legal level is the constitutional guarantee of the fundamental rights and freedoms of a citizen. Man is proclaimed the main value of the state. In order to protect his rights, the state creates a system of institutions and organizations that ensure the implementation of guaranteed freedoms in full and in relation to each citizen