What is the right? Law is a system of binding normative acts, rules, and regulations, which are formally fixed by the state. The state is both the executor and the body that establishes them. The main functions of law are to regulate the most significant public interests, by providing the subjective right of an individual. It also imposes obligations on the person and is the voice of society.
Law closely interacts with the political, economic systems and the state. Based on the political decisions made, the society decides how to react to it in various life situations. Therefore, the meaning of the relationship between law and politics (equal to the state) is determined in the present expression of the interests of the entire population of the country and in the objectivity of the functioning of the political and legal system.
General characteristics of the relationship and correlation of state and law
In the modern world, it is customary to distinguish three models or approaches of the relationship between the state and law. It well explains the topic “Correlation and Interconnection of the State and Law” by Kulapov in the textbook “Theory of State and Law”.
- A pragmatic approach is the support of law in the person of the state, the strengthening of the power of law, and subsequently the inextricable link of the state with law.
- The totalitarian approach - everything is simple, there is no connection between the state and law, moreover, the state is put higher in importance over law.
- The liberal approach is the opposite in comparison with the totalitarian one. Here, law becomes more important than the state.
Totalitarian model
The followers of this approach consider law a product of the state, that is, it appeared as a result of the activity of the state system. Russian literature mentions that law is subordinate to the state.
Why so, and not otherwise? In political practice, it is believed that the law contains a certain subordinate part of the state. Indeed, theoretically, all normative acts in the aggregate are issued by the state. But the realities of modern life in the Russian Federation already reject a similar approach to the correlation and model of the relationship between the state and law.
Liberal model
The inviolability of natural law and the inalienability of individual public human rights is the basis of the liberal approach model in the correlation of state and law. In this case, the very meaning of the state was derived from a public agreement. Based on the position of the liberal model, law takes the palm and is a priority in the position of correlation and interconnection of the state and law. However, this approach has certain advantages: it acts as a philosophical platform on which the practice of the idea of the rule of law is affirmed. True, this is more a welcome idea than a real one.
Pragmatic model
In the concept of TGP, the correlation and interconnection of the state and law, considered from the pragmatic approach, have statist and tolerant points of contact, while at the same time this approach avoids extremes in assessing the overall relationship between the state and law. The pragmatic model rejects an unambiguous causal nature, that is, the fact that it depends on what. As a result, we get the approach of complete democracy. The state = law, their correlation and interconnection is a kind of combination in which they cannot exist individually.
It is this model that reveals hypogenic bonds between the state and law, with the help of it the country avoids unilateral judgment, providing an opportunity to understand the real role of the state in legal guarantees. Modern legal science prefers precisely the pragmatic approach, because such an analysis of dependence is significant for public practice in Russia.
The main aspects of the pragmatic model
Based on the description of the main models of the correlation and relationship between the state and law, Russia uses the pragmatic. This approach has its three main aspects:
- Difference.
- Unity.
- Interaction.
Aspect of difference
All the distinctive features of the correlation and relationship of the state and law in matters of their origin. The differences are already visible from the interpretation of these concepts. If the word “state” means a political and territorial organization created at the same time to conduct public affairs and which is a form of social existence, then law is described as a set of rules of conduct that define the boundaries of personal freedom, as well as human equality in the ability to protect one’s interests. Freedom and equality are officially enshrined in state bodies and their enforcement is subject to enforcement by the authorities.
That is, in this case, the state is a force, and law is a will. In brief, the correlation and interconnection of the state and law have large differences in form, in structural and elemental composition, as well as in content. They are part of different areas of society. The reflection of reality, the emergence of any needs occurs in different ways, therefore, the public consciousness perceives and evaluates these objects differently. This means that under certain circumstances, the state and law can conduct their actions in a completely diametrical progression. Correlation and interconnection of the state and law are expressed in a versatile impact on each other.
Aspect of unity
The main models vary widely, but the fact of unity is used in a more popular pragmatic concept. A similar typology, a certain degree of conditionality in the economic and cultural environment, a common historical fate, the use of “buttons” that regulate society, the accumulation and balance of both general and subjective interests, the guarantee of law - all this means unity in the correlation and interconnection of the state and law . Despite all of the above, both law and the state have their own goals, objectives and methods. This does not mean that the properties inherent in the state also exist in the law, on the contrary, they are quite autonomous and distinctive.
Aspect of interaction
The main meaning of this aspect is that the state itself creates the law, it is able to change, improve, protect and implement it. It follows that the influence of the state on law is continuous from the moment of its creation until its introduction into society. The state distributes it in society and forces all entities involved in public relations to act in accordance with legal norms. The state monitors the execution of the prevention of illegal actions in order to achieve any public results.
The regulatory potential of law, that is, the ability of the state to ensure the functionality of law, is the limit of the state’s influence on law. If you overestimate the possibilities of public administration, you can come to the idealization of the legal means, which ultimately reduce the importance of law in a social society. The state does not use the right for its own personal purposes, since this will be a contradiction to its true purpose, it simply cannot do it.
How does the right to the state
History has shown that law is necessary for the state, for its viability and as a governing organization. The influence of law on the state was manifested in the activities of the latter and in its internal organization.
The law consolidates the internal organization of the state, its structure, management apparatus, status and competence of various state bodies, principles of the division of power and the work of officials.
The creation of legal guarantees that oppose the seizure of the government of one of the branches of government is the most important role of the law. The entire state machine is thus laid on the legal foundation of the country's internal functioning. This is the effective work of the links of the entire state body.
The advantages of legal intervention in the life of the state
The implementation of the tasks and functions of the state with the help of law gives many positive effects: consolidation of the constitutional system at the legislative level, the conduct of domestic and foreign policy, the inability of the state to impose its will as universally binding. That is, the legal language is a tool for communication between the state and the people. Therefore, a state that positions itself as democratic cannot regulate its activities outside the legal canons.
Moreover, the state cannot refuse such influence, it has no opportunity to ignore the legal form at all, otherwise the management of society will turn into manipulation and will cause enormous damage to the country's society. It is law that makes the state mature and full.
In modern realities, the relationship between the state and law has intensified, and the deeper the law shows the actual needs of the development of society, the more their connection is fixed, and the state is bound by the shackles of legal norms. The purpose of the state is an action in the interests of society and the individual, as long as the law is associated with state activity, it acts truly freely.
The influence of law on the state in relation to the subject
The law requires the state to interact with the subject and society. If the conditions of equilibrium, the so-called solvation of all the listed participants are met, the state will meet its true purpose. Ensuring justice in the legal environment, this is the goal of the state, that is, the state’s mission is to accept the law within itself, it regulates the work of the government for the sake of society.
To become a rule-of-law state, a country must recognize the supremacy of law over the state apparatus, that is, subordinate all its organs directly to the law and the legislative branch. The main aspect of the rule of law is not the dominant influence of law over the state, but it is the interconnection of the first and second to ensure the free life of a person. In the literal sense, the state is engaged in serving the subject, it expands its freedoms and promotes a harmonious existence.
Values of law are set specifically to deter possible totalitarian state actions in relation to society. The lack of law in the country threatens that the state can freely oppose the individual, even without good reason, suppress free will and ultimately depress a person in the social aspect.