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 give rise to the state? The history of mankind shows that the answers to this question were given in a variety of ways.
Basic concepts
Currently, the institution of the state is understood as a kind of sovereign organization of power, extending to a certain territory and possessing an apparatus for enforcement of the legal order established by the state itself. Sovereignty is a fundamental property of state power, expressed in its independence from any third parties.
Another fundamental feature of the state is the institution of law, that is, the 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, securing and defending its interests. However, do not forget that the legislation also contains clauses that protect a person fromarbitrary power.
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 rules of law were closely associated with religious and ethical prescriptions. Over time, the differences between them deepen. Characteristically, one of the first acts of those who came to power as a result of bourgeois-democratic revolutions was to issue a decree on the separation of church and state. As a result of these processes, law acquired a modern content: in contrast to moral and ethical norms, law is provided by the institution of the state, it is formally defined, and its norms are binding.
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 takes place;
- law determines the nature of the relationship between the state and society.
As stated, legal codes contain certain safeguards against excessive concentration of power in one hand. This is also facilitated by the fact that it is on legal grounds that the relationship between the individual branches of government is regulated, which is especially important in federalstates where the problem of maintaining a certain independence of the subjects of the federation from the center is acute.
The impact of the state on the law
First of all, such an impact is manifested in the fact that it is the state that is the most active creator of various norms of law 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 the independence of the judiciary is fundamental. Only thanks to its implementation, the existence of a rule of law becomes possible.
The third channel of influence of the institution of the state 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 requests and needs.
Legal Policy
In the aggregate, all ways of influencing the state on the right can be designated 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 ways of their implementation. It is legal policy that underlies legal reforms and transformations.
In general, legal policy is a set of principles, directions and ways of creating - with their subsequent implementation - legal norms. It is always based on general and particular patterns of development of the legal system.specific state. The sphere of implementation of legal policy also includes the strengthening of the rule of law in the country, which is realized 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, the system of institutions is opened by bodies through which the authorities implement the "mandate to govern" received from the people. These bodies primarily include the parliament, in which the legislative branch of power is concentrated. If the republic is presidential, then the institute of presidency plays an equal role with the parliament. Finally, another component of power institutions is local self-government.
The President is not the sole bearer of executive power. The main institutions of the state also include government agencies and 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 occupied by bodies that lead the country's armed forces, as well as ensure state security and maintain public order.
Authoritarian variant
All existing institutions of the state are of different importance. If the development of democracy in the country has frozen at a low level, then the curtailment of individual institutions is possible. In this case, the institution of exercising power (that is, the president or the monarch), the law enforcement agencies subordinate to it, which are engaged not so much in protecting law and order as in establishing a system of total surveillance and eliminating any dissent, retains real significance. The less developed government institutions, the lower the level of democracy in the country. The Soviet Union is a prime example of this. Throughout its seventy-year history, the state has 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 absence of democratic bodies of control and supervision. The dissident movement that unfolded in the last decades of the existence of the USSR persistently put forward the creation and development of institutions of the rule of law as one of its demands.
Rule of Law
The main achievement of this type of organization of power is that the state is the spokesman for the needs of not a narrow ruling stratum, but of the entire people. Law and justice come to the fore. This is achievable only if the source of any power is the people themselves. The people not only form the branches of power through elections, but also have the right to criticize them. The state is a complex and controversial institution,therefore, the people are given opportunities to influence them through rallies, pickets and demonstrations.
An innovation in the public life of a state that has reached the level of law is the constitutional guarantee of 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 every citizen
